I need of advice....

[JH]

hi,

i own lynxfm.co.uk and was going to start up an internet radio station but never got round to it and the site has been sitting there, Anyway today i looked at my emails and got one off the owner of lynxfm.com saying.....

Hi,

Sorry to inform you that you are breaking our copyright with this station name.
We ask that you remove this site right away.
If you would like to discuss this further please join me in our chatroom at
http://www.LynxFM.com/chat/
Failiur to respond within 24 hours will result in legal action being taken
against yourself.

Thanks, Nick (LynxFM Owner)

is this true that i am breaking copyright??

thanks for any help given

 

[Tuts4you]

Hey

Hey your not breaking the copyright at all aslong as your not stealing his content and stuff your not doing anything bad.

 

[JH]

thanks for the reply, i was thinking the same as i have NONE of there content,

i spoke to the lad on his sites chat room and he is having none of it, saying the name is part of the content?? :td:

 

[Tuts4you]

thats not true at all

 

[B33R]

Trademark maybe?

Not copyright unless you're stealing his stuff. Definitely sounds like he means trademark.
If he does own the trademark for lynxfm (in the UK? - not sure about that part) then he can take action against you for using his trademark. Probably resulting in you having to hand over the domain.

Check to see if he has the trademark and then speak to a lawyer.

 

[DNQuest.com]

I think he means TM too. If he does, he will have a hard time proving that fact. The site is a MB site that is not very active at all, I only see about 40 threads (alot less if you take out the "jokes" area. No commercial value, no real traffic as I can see. I wouldn't worry at all.

 

[JH]

just searched to see if he does own the trademark and it has NOT been registerd as one in the UK or USA .

to be honest i am not really botherd about it , i just found it insulting and checky to be told by a stranger that i had to take down my site.

 

[Tuts4you]

i dont think he will do anything about it he isnt going to spend loads of money on a solisiter to sue you becuase you own a .co.uk domain like his at all he's trying to scare you.

 

[Morph]

For a kid who can't spell nor seems to know little about the law i would hit the big red DELETE button

 

[labrocca]

Ignore the guy.

1. He doesn't appear to be using his site commercially.
2. Your site doesn't appear to infringe on his.
3. He doesn't know what copyright is vs trademark.
4. He seems simply upset that you have a similar domain.

Ignore ignore ignore.

 

[ApeXX]

I have a feeling the guy is just bluffing... He obviously doesn't know his legal terms, and his site has no commercial value. Tell him you see no copyright infringement and that if he feels it nessessary, you will see him in court. Trust me, you won't get an email back.

 

[vegashotdot]

HE SHOULD HAVE THOUGHT ABOUT THAT WHEN HE BOUGHT HIS .COM
.CO and .uk was probably available to him ,when he bought his .com
And he chose not to buy the domains not. he cant come back now and say he wants the domains. IT'S COMMON KNOWLEDGE, WHEN YOU BUY A DOMAIN, THAT IT'S UP TO THE BUYER TO PURCHASE ALL THE EXTENSIONS TO THE DOMAIN TO PROTECT THEIR DOMAIN NAME... HE CHOSE NOT TO PURCHASE THE OTHER EXTENTIONS TO THE DOMAIN NAME. AND IS THUS NOT DUE ANY RECIPACATIONS WHAT SO EVER. WHEN YOU SNOOZE YOU LOOSE... - JOE

PS: SORRY...I CAN SPELL...I JUST CAN'T TYPE...lol

Do you realize how many domain owners would loose their domains if that was true....

HE SHOULD HAVE THOUGHT ABOUT THAT WHEN HE BOUGHT HIS .COM
.CO and .UK was probably available to him ,when he bought his .com
And he chose not to buy the domains not. he cant come back now and say he wants the domains. IT'S COMMON KNOWLEDGE, WHEN YOU BUY A DOMAIN, THAT IT'S UP TO THE BUYER TO PURCHASE ALL THE EXTENSIONS TO THE DOMAIN TO PROTECT THEIR DOMAIN NAME... HE CHOSE NOT TO PURCHASE THE OTHER EXTENTIONS TO THE DOMAIN NAME. AND IS THUS NOT DUE ANY RECIPICATIONS WHAT SO EVER. WHEN YOU SNOOZE YOU LOOSE... - JOE


Do you realize how many domain owners would loose their domains if that was true....

WHO DOES THIS GUY THINK HE IS, ANYWAY?

OOPS... SORRY, I WAS TRYING TO EMAIL THE LAST COPY...lol

 

[labrocca]

vegashotdot...you really don't know what you are talking about. It's common knowledge that if you have a TM on a name that you DON'T need to purchase all the extensions. Do you think Microsoft needed to buy microsoft.eu in order to have rights to that name? Infringement has nothing to do with the extension of a domain. It's the name itself. Usage of course is the ultimate issue. Also be aware that .co.uk is only suppose to be available to those with a uk address. What if the .com owner does not have a uk addy?

You can't go to a judge and say "when you snooze you loose"..that's just silly.

All that being said...reread the reasons I posted why you should ignore the person.

 

[petrosc]

Also be aware that .co.uk is only suppose to be available to those with a uk address. What if the .com owner does not have a uk addy?

I don't think that co.uk domains are available only to those with a UK address. I have a czech address and I have registered noumerous .co.uk domain names with various registrars with no problem at all. Nominet even sent me "Confirmations of registration" to my postal address. I think UK is available to all countries

 

[RajanUrs]

The names are very identical and if you are using similar content and your logo design, site content and design comes close to his you may end up stepping on his shoes.

 

[franchise]

Just in case you needed one more opinion...

I wouldn't worry at all about this. Especially if there is no commerce taking place.
If ever it were to become an issue..it would boil down to who purchased the name first and started using it in a commercial application in conjunction with logos and any name branding.

I would spend some time researching how trademarking works and how to protect yourself if you desire to create a brand.

 

[labrocca]

I don't think that co.uk domains are available only to those with a UK address. I have a czech address and I have registered noumerous .co.uk domain names with various registrars with no problem at all. Nominet even sent me "Confirmations of registration" to my postal address. I think UK is available to all countries

Yeah you are right...I was mistaken.

 

[AdoptableDomains]

If there is no TM, check the registration date of his domain compared to your domain. That would be a large factor if it ever did come to a legal dispute. If you registered first, you may have a case against him.

Just another curios question. If not actually broadcasting on the FM (Frequency Modulation) radio wave band, why would an internet only radio station want to use the "FM" in the name?

 

[dgridley]

I agree... besides, with the .com, I don't think he has much to worry about traffic-wise.. most traffic would normally defer to the .com anyway.

Ignore the guy.

1. He doesn't appear to be using his site commercially.
2. Your site doesn't appear to infringe on his.
3. He doesn't know what copyright is vs trademark.
4. He seems simply upset that you have a similar domain.

Ignore ignore ignore.