Does my domain infringe any trademarks?

[loredan]

Dear fellowes domainers,

I just received this email a few minutes ago and I need your opinion and help

" To Whom It May Concern

I'm writting this letter on behalf of E!Entertainment Television Inc. ("E!") owner and operator of the famous E!Entertainment Cable Television Channel, the E!News Television Program and the EOnline.com website. E! also is the owner of numerous trademark registrations worldwide included but not limited to U.S. registration #2032128 for "E!NewsWeekend" and CTM registration #3235413 for "E!"
"E!" recently learned that the domain "e--news.com" ( the infringing domain name) is registered to you. Such use violates "E!" rights and is likely to cause confusion with "E!"'s registered trademarks as well as E!'s domain names ENews.net, ENewsDaily.com, ENewsHollywood.com, and E-News-Live.com, which currently are registered and in use.The similarity and appearance, sound, connotation, comercial impression existing between E!'s trademarks and domain names and the Infringing Domain Name registered to you creates substantial confusion and could harm the goodwill represented by E!'s world famous trademarks.
E!, therefore demands that you immediately cease and desist from using the Infringing Domain Name and that you immediately withdraw your domain name registration. Please inform E! in writting within ten (10) calendar days from the date of this letter that you will cease using the Infringing Domain Name as aforementioned, or in any other way associated with your business, in order to avoid further action by E!.
This letter is not a complete statement of E!'s rights or position or the facts in connection with this matter and is in addition with any other rights, legal or equitable that E! may have in connection with this matter. Nothing contained herein constitues an express or implied waiver of any of E!'s rights, remedies or defenses, or of E!'s position with respect to this matter.

Sincerely,
xxnamexx
Intellectual Property Administrator
Email : xxx
Fax : xxx "

So, what do you think? Does my domain infringe any trademarks? If so, what about the other domains like e-news.com, .info, etc? plus all the other names starting with "E"?
I need your opinion please

Thank You

 

[labrocca]

Crap domain. Do you make any money on it? If not I would tell them you don't believe you are infringing on their mark but if they want the domain they can have it for $20 for your troubles.

Due to the usage of the domain and how it's parked at GD the domain could be infringing on their mark.

 

[Dave_Z]

e--news? I don't see how you can make any money off it without potentially
infringing E's trademark.

If you regged it for $8 and if they eventually bought it from you for $20 (and
that's a big if), that's actually not a bad deal at all. :D

 

[Pandas]

If I was you, I'd transfer it. e--news, not worth fighting for imo.

 

[dax]

IMHO, your domain does not infringe their TM because e--news is generic term ("electronic" news etc.) and they cannot prove you registered it in bad faith... As you said, there are many domains starting with "e-", and by that logic, all of them would infringe their TM, which is silly. However, like others said, i also think it's not worth fighting for.

 

[verbster]

Was the letter posted in this forum an exact duplicate of what you got, including all of the spelling, usage and grammatical errors?

 

[loredan]

Thanks for your opinions guys
Yes, the letter is an duplicated of what I received on email

I know the domain is pretty useless but it is not about the value of it, is not about money. I just hate being scammed by some bunch of idiots. I strongly believe there is no trademark issue. They have tm on "E!" and "ENewsWeekend", "E!" has nothing to do with letter "E"...they can't TM a letter, can they? Why they don't sue ENews.com or E-News.com?. Also "ENewsWeekend" has nothing to do with "E--News". Also I think they can't TM an URL...not quite sure but I never seen an url being tm

 

[elusid]

dear sir / madaam,

"Your use of the term E-MAIL is against our trademark and intellectual (or lack of ) rights please cease and desist...or we will sue yer assss!"

:lala:


I agree tell them $20 and its yours.. other than that keep it.

 

[Dave_Z]

IMHO, your domain does not infringe their TM because e--news is generic term ("electronic" news etc.) and they cannot prove you registered it in bad faith...

How you see it isn't necessarily seen the same way by a judge or panelist.

It's your call, loredan. At least they're telling you to "withdraw" it rather than
give it to them.

 

[dax]

How you see it isn't necessarily seen the same way by a judge or panelist.

I totally agree. That is why i add "IMHO"
In the end, the owner of the domain will choose what to do. But there is great chance if the owner (loredan) hires experienced domain lawyer that he will establish strong case that domain does not infringe "E!" TM.

 

[foka]

dear sir / madaam,

"Your use of the term E-MAIL is against our trademark and intellectual (or lack of ) rights please cease and desist...or we will sue yer assss!"

and did some body notice this one?

 

[DNQuest.com]

and did some body notice this one?

You mean the joke someone was trying to say? lol

Anyway, these are the first 2 links on e--news.com... seems similar to what E! has been promoting for a number of years. It can be argued the name was registered to steal traffic since the domain is not creating interest in the domain.

Entertainment News
Get the Scoop on Hollywood Here. Visit ABC News Now!
ABCNews.com

Entertainment News Online
Get the Latest News or Search Our Archives. Visit the Photo Gallery!
CBSNews.com

 

[Robert Allen]

Keep the domain. There is no TM issues here, just another company being heavy-handed.

Robert

 

[DNQuest.com]

Ok, can I register windows--explorer.com and have link for browsing software?

 

[foka]

some one on the forum owns and rund spreadgoogletalk.com, with no TM issues.

 

[AMDWarrior]

I would just this one over to them, or just take it down, there not even asking for the domain name just to stop using it. NO use even fighting them on it.

 

[Dave_Z]

some one on the forum owns and rund spreadgoogletalk.com, with no TM issues.

There actually is. But it's up to google whether to make a fuss or not.

 

[foka]

In my opinion the e--news.com with double highfen is and will not be cause a damage to e!news business.

and the domain itself is not worth to spend money on it to keep it.

At both ends, no one should feel trouble in lossing it.

 

[DNQuest.com]

some one on the forum owns and rund spreadgoogletalk.com, with no TM issues.

Obviously new to the TM domain game... (meaning your statement is inaccurate).

In my opinion the e--news.com with double highfen is and will not be cause a damage to e!news business.

Well, it seems like he is trying to steal traffic with the first to links saying Entertainment News and neither go to E!. And it is more than just "causing damage", it could be about potential damage from an infringing domain. BTW- it has been established that a "hyphen" in a domain does not make it unique if the remaining part of the domain is simialr or confusingly similar to a TM.

 

[foka]

it has been established that a "hyphen" in a domain does not make it unique if the remaining part of the domain is simialr or confusingly similar to a TM.

This is a new information for me, and it should be highlighted (in a seprate thread with other such info) it will help a lot of members to clarify many things instantly.