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Potential infringement of Trademark Rights

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Chopstix

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Important Legal Correspondence - *******.nyc - Potential infringement of Trademark Rights


I just received a letter from a lawyer with the email titled above.
I guess the name i registered is TM.
He wants me to contact him to discuss the issue.
Before I can speak to him I would like to find out about my option.
Can I sell? Can I keep? or do I just have to give it up?
 
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It depends. There is not enough information.

It might be worth moving this thread to the Private Legal Discussion forum and providing more details.

Brad
 
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As Brad already stated, we would need a little more info to make any judgement's.

But from your previous list posted....I would venture to say YellowCab would be a prospect.
 
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I will black out some info and upload attached letter.
 
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Do you guys actually need the domain address to help me out?
Following is except from letter i received.


We represent ***********, LLC in connection with its intellectual property matters. ***********is the owner of numerous trademark registrations for the ***********mark and logo, such as United States Federal Trademark Registration Nos. 3,416,xxx (***********mark) and 4,432,xxx (***********logo).
Since its founding in 1999, ***********(and its predecessors in interest) have offered Internet users a unique and highly valuable service that allows them to browse through countless online deals to save money when purchasing a wide variety of products. By harnessing the best features of the Internet, such as user-generated, collaborative content backed by professional research and screening, as well as localized, targeted postings, ***********has gained a massive online following for its services. ***********has over two million registered users, attracts upwards of eight million unique visitors monthly, and has been frequently ranked as one of the top websites in the United States by various third parties, such as alexa.com and quantcast.com. As ***********has consistently offered these services under the ***********mark, it has acquired significant rights in this mark.
We have recently learned that you registered the domain name ***********.nyc. As your domain name contains ***********โ€™ registered trademark, we are concerned that consumers may mistakenly believe that your domain name and/or website is related to or affiliated with ***********and its ***********branded goods and services, which will result in harm to ***********.
Moreover, as ***********has registered the ***********mark with the Trademark Clearinghouse, you should have received a notice regarding the potentially infringing nature of your domain name before you registered it. In light of this, any potential infringing use of this domain name would be considered willful, thereby entitling ***********to enhanced remedies against you, including the recovery of its attorneysโ€™ fees.

The purpose of this letter is to bring to your attention ***********โ€™ trademark rights and ask that you immediately contact me to discuss this matter. Nothing contained in this letter constitutes an express or implied waiver of ***********โ€™ rights or remedies, all of which are expressly reserved.
 
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No its not yellowcabs.nyc.
 
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Is the domain in question on the list of 60 .NYC regs you posted?

Brad
 
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No its not, thanks Brad.
 
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Well, without knowing the domain there is not much advice that anyone can give you.
Is the domain worth the potential legal fight? Only you can answer that.

Brad
 
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Brad i started conversation with you, i am assuming it PM.
 
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I'm having the same type issue but it depends on the name. If you'd like to PM me the name I'll give you an opinion. I've just retained an attorney to deal with my letters and have discussed this in detail with counsel so I might can help, not sure. :)
 
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I'm having the same type issue but it depends on the name. If you'd like to PM me the name I'll give you an opinion. I've just retained an attorney to deal with my letters and have discussed this in detail with counsel so I might can help, not sure. :)

mad!

I PMed you. thanks
 
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