Olympic infringment case

[rneedham]

I own three domains which apparantly infringe on the Olympic trademark. 2010vancouverfever.com , 2010whistlerfever.com and 2010olympicfever.com

I can understand the last being infringed but what about the first two.

attached is a pdf file from the Olympics.

also below are email addresses.
any help on this would be greatful. thanks

------------First email --------------------
Forgot to note on last email:

How does 2010vancouverfever and 2010whistlerfever infringe on the "Olympic"
trademark? The name does not apply to anything about the "olympics". It
seems like the "Olympics" is taking ownership of the "2010" name. Come to
think of it, I can design this site that has nothing to do the olympics
which can still hold a reasonable objective for the year 2010, since it is
the year which will set high vibes through the whole city... Hence
2010vancouverfever.. or 2010whistlerfever

The domain which I knew for certain was infringing was 2010olympicmania.

Also.. I own whistlerfever.com and vancouverfever.com Both of these
domains are for sale. And are not infringing.

----------------Reply email------------------------

Ryan,

Thank you for both of your emails yesterday. Thank you too for agreeing to transfer the domains 2010vancouverwhistlerfever.com, 2010vancouverfever.com and 2010olympicmania.com to VANOC.

To answer your questions, 2010vancouverfever and 2010whistlerfever infringe on our marks by using "2010". This is an official mark. The $10 fee we state in our letter for domain registration is in US funds. Therefore, we would be willing to pay to you US$30 for the three above-noted domains. Do you have copies of the documented registration for each domain? We will only pay the amount stipulated in our letter, therefore your request for $20 per domain will not be agreeable.

Thank you for advising of the other domains you have registered, whistlerfever.com and vancouverfever.com. However, these domains are not infringing and therefore, we do not require a transfer request.

I look forward to hearing from you and beginning the transfer request of the three domains shortly.

Shannon

 

[QBert]

hmm, i say... chuck rocks threw there windows. thats bs.

how the hell can they copyright the year. i would fight for the first two if you think there going to be money makers. the other one i think ant a winning case.

maby ill go out and copyright the year 2005 now and pull in the big bux sewing everyone next year...

blake

 

[dna]

No one should be able to trademark a year.
You should refuse.

 

[e39m5]

That doesn't sound right, how can you trademark "2010" you shoud start regging 2012's and 2014's and see what they say. Fight everydomain without the word olympic in it

 

[Wilfredo]

Thats suck, well Ill guess they now what to do. WHat they will win and not.

Just check out that the mails are real ;D

 

[Raf]

Heh, I noticed a lot of services are issuing such warnings, but also not related with domain names. I don't know if there is anything you can really do about it, but accept what they provide you with.

 

[wisconsin]

Hello rneedham,

I won't worry that much and I think you can negotiate with them. Tell them that you are not willing to transfer them for anywhere near that range of $10.
Ask for $300 each. (maybe $1000 for the 3) As you can see, the letter is coming from the "executive assistant, marketing" not a lawyer. They also know that they have to file a complaint before the WIPO to fight it, which requires paying wipo fees; in addition to the attorney fees. You're fine and you should negotiate.

Good luck and keep us updated!

 

[identity_00]

If they are serious they need to file a complaint with the WIPO.
Anyone can send you a letter and you want to make sure their honest representatives. Its not only fair for you - its fair for them.
It also makes sure there is a successful transition - if they deem one is necessary.

In whatever you decide to do. I would first verify who this person is with the VANOC.

Here are some real representatives. I wouldnt tell them exactly what your doing (such as your domains) but perhaps ask about this person or something.
Be creative.

If you're feeling lucky - ask their permission. Then you can tell this guy you have permission and leave it at that.

Sam Corea
(604) 806-1019
or
VANOC
Jane Burnes
(604) 806-1014

 

[rneedham]

thanks for the feedback. I am writing them back to negotiate.
I will keep this thread updated as it progresses.

 

[suthra]

As blake and DNA said, Noone can trademark a year or any generic names.
You can negotiate with them for a higher price, or wait till 2010 for some big amount

Best of luck.

 

[Anthony]

Thanks for sharing your situation. I can't wait to see how it turns out!

 

[drmaximus]

Any updates to share? This seems to be quite important and possibly relevant to quite a few of us, either now or in the future. How could a year, or a date, ever be a trademark?

 

[Acroplex]

You cannot trademark numbers. Famous case: Intel failing to trademark 386 and 486 - which AMD then used - and had to change to the Pentium name instead for their next CPU.

Go to http://www.uspto.gov and search for 486 - all tm's are abandonded or dead.

 

[Acroplex]

Here's the trademark for "Vancouver 2010" btw - that's all they got.

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76433952

 

[jberryhill]

Here's the trademark for "Vancouver 2010" btw - that's all they got.

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76433952

You need to check your "they" against the people who wrote the letter. The letter is from the Vancouver Organizing Committee. That registration belongs to the IOC.

Further research will show that most registrations of the form <cityname><year> are stylized registrations that specifically disclaim the cityname and year text per se. This one apparently slipped through as a 44(e) application (a US application based on a foreign issued registration).

An interesting case along this line is Federation Internationale de Football Association v. Nike Inc., in which Nike Inc. successfully obtained a declaratory judgment prohibiting FIFA from asserting trademark rights in "USA 2003" in connection with soccer footwear.

 

[Acroplex]

Well-spotted John, in which case whoever sent the email has no case, correct?

 

[c4smok]

possble locations or organizations going for the for it can't be registered..


I wonder if you register it before hand if you can getaway with guessing..

but my guess is no =P

 

[rneedham]

Well folks the saga continues.

---------------I wrote back-----------

Dear Shannon,

I am writing to you in regards to your committees concerns of the domain names 2010vancouverfever.com, 2010olympicmania.com and 2010whistlerfever that I had purchased. I have reviewed your request into the legalities of purchasing these names and through my research I have found that both names, 2010vancouverfever and 2010whistlerfever, are not in fact infringing on the “Olympic mark” and therefore I will not agree to sell them to you for registry fees. However, legally the domain name 2010olympicmania.com does impact the “Olympic mark” and I will agree to pass this on to you for the registration fee cost of $10.00 USD.

I am open to accept offers on 2010vancouverfever.com and 2010whistlerfever.com

Sincerely,

Ryan Needham


------------ Reply --------------------

Hi Ryan,

Thank you for your email.

With respect to the domain names 2010whistlerfever.com and 2010vancouverfever.com, both do infringe on the Olympic Marks. 2010 Vancouver, 2010 Whistler and 2010 are all Official Marks. Information regarding the Olympic Marks is available through the Trademarks Database at the Canadian Intellectual Property Office website: http://strategis.ic.gc.ca/cip.trademarks/search/tmSearch.do.

We again request the transfer of these two domains, along with the transfer of the domain name 2010olympicmania.com (which you have already agreed to transfer to VANOC) and we will reimburse you your documented out-of-pocket expense for registering these domains which we believe to be approximately US$10 per domain.

We look forward to hearing from you by no later than September 2, 2004.

Thank you,

Shannon Robertson
Executive Assistant, Marketing

------------------------------------------------

A funny thing is.. her whole email was in blue font.."like" Im in charge here!

So... does my case still hold water? According to the trademark link:
Mark (words only): VANCOUVER 2010

does this imply that any combination of these words is an infringment?
what should my next plan of action be?
thanks for the great help on this matter.

Ryan Needham.

 

[Acroplex]

Are you also in Canada?

If not, ignore them. If they don't agree to your terms (1 domain only to be transferred over) then do not agree to transfer over any.

If you are in Canada consult a lawyer. The most they can do is take the matter to the WIPO - instant cost to them of $1,500+ per domain.

 

[Wilfredo]

Hmm, NP should get some lawyer to site and awnser all questions here all day ;D
This seem to be to much water over all heads here, try to get in touch with a pro.