.tv Do your trademark searches...just got a cease and desist

[*AllThings.tv*]

Today, I received a cease and desist letter for a .tv name that has been developed but not marketed/promoted since adding content takes several weeks.

I thought I would remind everyone to do some intensive searching of the US Trademark database before investing money to develop a name. I suggest including variations of TV in the name to increase your confidence level that the name is not trademarked.

In this case, the cease and desist was pretty pathetic based on my knowledge of cease and desist letters. The person who sent it was not a lawyer, but did say this is my "one and only notice" and that a copy of such notice was being sent to my registrar of record.

I had conducted a trademark search prior to developing the name and there did not appear to be anything infringing about it.

The author of the email alleges the dot com counterpart is a registered trademark and any likeness to that name is in direct violation of trademark laws. That website is not developed and the plural name is parked at SEDO by what appears to be someone other than this person.

This coupled with the fact that the author included no references to actual trademarks (by numbers or otherwise) granted or pending with the US Patent and Trademark office suggests this could be someone trying to protect a name by being aggressive.

I will keep you updated (he left a phone number to call which I intend on calling), but hopefully this will show you that there are people out there that might not have rights to something they claim they have rights to.

 

[SKG]

Kevin, sorry to hear about this mess. Keep us posted on this. I think there are two major domain attornies who are members of NP, one of which I recall is John Berryhill, who you may want to consult.

 

[StoneRoses]

Sorry to hear about this , Best of luck with it.


I agree with SKG that J Berryhill is a good first port of call.

 

[discovernow]

I got a "cease and desist" from CNN in 2000 when I registered
HeadlineNews.tv. First they wanted the name and than I told them there is no
trademark on "headline news" which is just 2 words from the dictionary and told them to screw themselves. I sent them the link to check for trademarks but I guess they hired "dumshit" lawyers who don't know the law. Then 3 months later they gave me a low ball offer of $100 to buy the domain. I guess they realized I am not a sucker and they finally gave up, and 7 years later I still own the name and have not heard anything more from CNN.

Don't let these companies try to strong-arm you. If it's not trademarked tell them to go to hell.

Thanks, Jim

 

[Steven]

I got a "cease and desist" from CNN in 2000 when I registered
HeadlineNews.tv. First they wanted the name and than I told them there is no
trademark on "headline news" which is just 2 words from the dictionary and told them to screw themselves. I sent them the link to check for trademarks but I guess they hired "dumshit" lawyers who don't know the law. Then 3 months later they gave me a low ball offer of $100 to buy the domain. I guess they realized I am not a sucker and they finally gave up, and 7 years later I still own the name and have not heard anything more from CNN.

Don't let these companies try to strong-arm you. If it's not trademarked tell them to go to hell.

Thanks, Jim

Congrats on your defense.

Sometimes, it's best to fight off bullies instead of submitting.

HotNames.tv. I'm sorry to hear about the C&D, but I hope that things work out for the best for you.

 

[localexperts]

I had David's Bridal advertise with us and then got a cease and desist from David's Bridal lawyers to stop using their trademark. Corporate called the lawyer. Some companies are really aggressive trying to protected their marks.

 

[*AllThings.tv*]

Unless this guy provides proof of a trademark, he has decided to resort to scare tactics. Its not a big concern of mine until he provides some sort of proof to support his allegations, but I thought it was worth mentioning to other members who seek to develop and remind everyone to do their due diligence.

My gut is that this is not going to go anywhere, but I will keep everyone updated. The phone number left for me to call continues to go to the guy's personal voicemail so that tells me something.

 

[eyedomainous]

Sounds like a form of "domain jacking". These attempts often backfire. Inform the perp that you are a lawyer and Thank Him! ... as you may end up owning the .com --if he pursues the matter, or if you sue him (unfounded Cease & Desist = restraint of trade, intimidation, etc. ... )

 

[johntv]

In this case, the cease and desist was pretty pathetic based on my knowledge of cease and desist letters. The person who sent it was not a lawyer, but did say this is my "one and only notice" and that a copy of such notice was being sent to my registrar of record.

I had conducted a trademark search prior to developing the name and there did not appear to be anything infringing about it.

My gut is that this is not going to go anywhere, but I will keep everyone updated. The phone number left for me to call continues to go to the guy's personal voicemail so that tells me something.

So far it seems to me he is just trying and might not even make it a WIPO case as this is still costing him around $1,500 to start.

If he did not even had a lawyer to write the letter, he might not even have the $1,500 to continue with it, do not let this clown intimidate you

Good luck and thanks for keeping us up to date!

 

[Broker]

Sounds like a form of "domain jacking". These attempts often backfire. Inform the perp that you are a lawyer and Thank Him! ... as you may end up owning the .com --if he pursues the matter, or if you sue him (unfounded Cease & Desist = restraint of trade, intimidation, etc. ... )

word

 

[*AllThings.tv*]

So far it seems to me he is just trying and might not even make it a WIPO case as this is still costing him around $1,500 to start.

If he did not even had a lawyer to write the letter, he might not even have the $1,500 to continue with it, do not let this clown intimidate you

Good luck and thanks for keeping us up to date!

I should clarify that the cease and desist was merely a form letter sent via email. I should also note that it was not written by an attorney.

I have yet to receive anything by mail or from an attorney representing the domain holder.

Sounds like a form of "domain jacking". These attempts often backfire. Inform the perp that you are a lawyer and Thank Him! ... as you may end up owning the .com --if he pursues the matter, or if you sue him (unfounded Cease & Desist = restraint of trade, intimidation, etc. ... )

You are most likely correct.

 

[dcmike77]

Hmmm.. I see that HotName.tv is still available! Maybe I should register it for my next porn site and send out a bunch of C & Ds once I trademark it!!!

j/k Sorry for the news, Kev.

 

[actelvision]

... hijacking and reverse hijacking...

http://en.wikipedia.org/wiki/Domain_hijacking

http://en.wikipedia.org/wiki/Reverse_domain_hijacking

 

[goodkarmaco]

Jeez,

no wonder domainers have a hard time getting end users to pay decently for our names. Cnn, after finding the name is not theirs to be had, offers $100., lol.

 

[*AllThings.tv*]

Update: I spoke on the phone with the owner of the .com counterpart name. He alleges they own a trademark and the .com name has been registered since 03. I still have yet to receive any documentation or proof regarding the trademark. Until I do, I assume they have nothing.

Interestingly, his team is working with major sports organizations to deliver video downloads of games from every major professional sport (those already broadcasted). He and I have different business models, so he said he is not going to pursue it further.

I will keep you posted of any updates.

 

[gamehouse]

Nice that he is not going to pursue it further. I bet he knows he has no grounds on this issue. One less headache, imo.

Keep us posted.

GH

Update: I spoke on the phone with the owner of the .com counterpart name. He alleges they own a trademark and the .com name has been registered since 03. I still have yet to receive any documentation or proof regarding the trademark. Until I do, I assume they have nothing.

Interestingly, his team is working with major sports organizations to deliver video downloads of games from every major professional sport (those already broadcasted). He and I have different business models, so he said he is not going to pursue it further.

I will keep you posted of any updates.

 

[MicroGuy]

I got a Cease and Desist letter from Sun Microsystems in 1999 about my domain MICROSUN.NET which was my small computer repair business. To this day, I don't see how I was infringing on their trademark?

If I wanted to fight it would be on their turf in California. My local attorney in Myrtle Beach, SC advised me to change the name of my business or risk spending thousands on my defense in California and a possible judgement against the assets of my business.

I decided to listen to my attorney.

BTW: When CNN gets ready to use HEADLINENEWS.TV, they WILL get it.

 

[Damion]

I got a "cease and desist" from CNN in 2000 when I registered
HeadlineNews.tv. First they wanted the name and than I told them there is no
trademark on "headline news" which is just 2 words from the dictionary and told them to screw themselves. I sent them the link to check for trademarks but I guess they hired "dumshit" lawyers who don't know the law. Then 3 months later they gave me a low ball offer of $100 to buy the domain. I guess they realized I am not a sucker and they finally gave up, and 7 years later I still own the name and have not heard anything more from CNN.

Don't let these companies try to strong-arm you. If it's not trademarked tell them to go to hell.

Thanks, Jim

Did you actually responded like that?
Great way to ruin a potential sale if you use strong language like that, perhaps if you stayed courteous and civil and kept your cool a chance to negotiate a better price then the $100 you where offered was a potential reality.


:imho:

 

[discovernow]

Yes, I responded to CNN like that. I was too nice. Should of responded harsher to there idiot lawyers. I know the law and they were just trying to strong-arm me. The only way they could of got the name is if I used
"CNN" in it which I don't. If they really felt they had the right to the name they wouldn't offered me $100.

 

[Damion]

Getting all worked up and vicious will in 99.9% kill all negotiations.