Help! Trademark Problem! Domainers Beware!

[domainphenom]

Recived This Letter Last week Having a hard time believing this name is confusing in any way I got Ideal out of phonebook were it is used as a way to get better listing. I am a hard head and having hard time letting Go
anybody have Thoughts on This and should I not Register AAAHookers will people think that the auto club is in the Oldest Profesion :?

AAA has learned that your organization is using the name and mark AAACREDITCARDS.INFO in connection with providing credit card and other related services. AAA is concerned that your use of the AAA Marks to provide identical and closely related services would likely cause confusion and lead consumers to believe, erroneously, that your services are associated or affiliated with, or sponsored or approved by, AAA. Your use of the AAA Marks constitutes infringement of AAA’s valuable AAA Marks, as well as false designation of origin and unfair competition, in violation of Sections 32 and 43(a) of the Lanham Act, 15 U.S.C. §§ 1114 and 1125(a), and of applicable state statutes and common law.

 

[Dave_Z]

The answer's already been pointed out to you at SitePoint. Up to you if you
want to fight this.

 

[flamewalker]

Since when does AAA provide credit reports? AAA is their mark... however, might be a bit of a stretch for them to say that. I would think if you put a notice on the site that you are not affiliated with the AAA Insurance company, they may go away... they might not...tough call imho.

 

[domainphenom]

Thanks Dave
I have been a AAA member for 20 years and never knew they were in the creditcard Biz I posted to warn others that you can be in Violation of trademark infringment without Knowing and doing a trademark search does not mean a company has rights to something you may have register I Dont see it as being confusingly similar but what do I Know

I am going to Fight This because I dont Think it is confusingly similar Go to goggle and just type in aaacreditcards with no .com .net or .info then go to yahoo and do the samething and see what happens I mean Dont they Own the Best and Only Domain name on Earth AAA com Duh! and anybody wanting their products would just simply type AAA and find all the products and services they offer.
Thanks for everybodys Thoughts on this.

 

[Ronald Regging]

While credit cards may not be their primary service, it definitely is one of their offerings that they've had since 1978

http://www.aaa.com/AAA_Travel/CreditCard/aaa_visa.htm

So yes, I can see how it might be construed as confusingly similar.

Also, IMO, I'm not sure that AAACreditCards.info is a domain I'd really waste time and money trying to defend

 

[dagnabit]

I would keep it.

There are too mny AAA trademarks
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=ni8fgb.1.1

AAACreditCard or AAACreditCards.com or any other .tld or non-tld are not taken, so you can keep it.

Send an emal back to them telling them that there dispute lacks 'specificity'.

 

[duceman]

The name is not worth fighting for :IMHO:

That being said, there are hundreds of companies that use AAA+keyword in their advertising. Open a Yellow Pages in any city and every category will start with AAA...

 

[richrf]

I looked over this case:

AAA Michigan Case

and I would say that you would definitely need a lawyer to defend this one. It is not cut and dry. If it was me, I probably would not fight it. Too costly, for too little. This of course is assuming that it was a real letter from the AAA, and not someone just trying to get you to release the domain.

Rich

 

[domainphenom]

The name is not worth fighting for I argree The Letter is for Real they cite the lam act
for a $1 domain name that has only had 127 visitors it is just princlble AAA is AAA nobody knows them as AAAcreditCards and they do not own any names like this if you look at my site you could see their is no way on earth that anybody would confuse my site with AAA. these three letters have been used in front of many names for the last 45 years that i know of to get a better listing in a directory period so now I don't want to register AAAWHOREHOUSES I don't want people to get confused

 

[Dave_Z]

I don't want people to get confused

And that's one of the things the party in question wishes to avoid as well. It
so happens your domain name, coupled with its content, creates the chance
that that can happen.

If you truly believe the principle of fighting over a $1 domain that's gotten so
far only 127 visitors is worth it, then you might as well forget posting about it
here and talk to an attorney right away. It seems you have already made up
your mind about it.

 

[dagnabit]

The jurisdiction for this would be ICANNICANN The charge just for disputing (the disputer) would be ~$2000.
Show the other party the ICANN link, then ask them buy it for $1000.

It would save them the application fee.

If not, then just transfer it to them.

 

[DNQuest.com]

AAACreditCard or AAACreditCards.com or any other .tld or non-tld are not taken, so you can keep it.

What a great legal defense...

The jurisdiction for this would be ICANNICANN The charge just for disputing (the disputer) would be ~$2000.
Show the other party the ICANN link, then ask them buy it for $1000.

It would save them the application fee.

If not, then just transfer it to them.

And now show bad faith. Additionally, AAA could also go straight to court and bypass UDRP atogether. ICANN is not the only jurisdiction.

For 127 visitors for a $1.00 domain, time is money and you would be wasting yours. Just because you did not know AAA provides credit cards services, it does not mean it does not exist.