Sedo trademark violation

[StoneRoses]

Just received this from Sedo, how can all these be trademarked, they are made up names.
My names have now been removed,how is this possible.

In Britain we call cigarettes fags or ciggies, can someone shead some light on this.

We are writing to inform you that Sedo has received a complaint of potential trademark infringement regarding the use of the following domain names in conjunction with Sedo services:



faghut.com / faghuts.com / fagbins.com / fagshelter.com



Due to the famous nature of the trademark contained in the domain at issue, Sedo is forced to remove your domain from the domain marketplace and parking program at this time. This action in no way affects your registration or control of the domain, your Sedo user account or the other domains you have listed for sale or parked with Sedo. However, due to the potential of infringement of a famous mark Sedo must do the following:



- Suspend the domain name from our domain marketplace

$ifBlockPark:- Suspend the domain name from our parking program



Sedo takes great pains to strike a balance between the legitimate rights of domain owners and third party intellectual property owners and require verification of legal complaints before taking any action against a domain listed for sale or parked with Sedo.



If you have any questions regarding this message, or if you believe this action was taken in error, please contact the Sedo legal department at [email protected].





Sincerely,



Sedo Legal Department

Sedo.com :: One Broadway :: Cambridge, MA 02142

tel 617-758-4260 :: fax 617-577-3983

http://www.sedo.com :: [email protected]

 

[famous]

I would definitely contact SEDO's legal department and demand to see the complaint against you. As well, I would demand to be provided the serial number and /or the registration number issued for the supposed trademarked name you are 'potentially' infringing upon.

According to a quick search I just did on the U.S. Patent & Trademark Office, none of the 4 names you own are trademarked. (To search yourself, go to http://www.uspto.gov/main/trademarks.htm. On the right hand side, you will see a section entitled 'Get A Trademark Registration...". Click the 'search' button there. The next page will allow you to search 'TESS' - the Trademark Electronic Search System. It is the USPTO database of 4,000,000 pending, registered and dead federal trademarks. On the TESS page, simply select 'New User Form Search (Basic).

As you will see, there are NO listings (either pending, live or dead for any of the names you listed. There ARE 3 LIVE trademarks for 'FAG' - all by a German company having something to do with cast metal & machine parts - but nothing even close to the names you listed.

Also, SEDO has nearly 300 other listings using some variation of 'fag,' so it's hard to see why your names are 'potentially' infringing, but the other names aren't.

 

[The Engineer]

"FAG" roller bearings, very well known in engineering circles.

 

[estibot.com]

According to a quick search I just did on the U.S. Patent & Trademark Office, none of the 4 names you own are trademarked. (To search yourself, go <a href="http://www.uspto.gov/main/trademarks.htm">here</a>.

As you will see, there are NO listings (either pending, live or dead for any of the names you listed.

If it's not listed in USPTO, it doesn't mean it's not trademarked. Just means it's not trademarked in the U.S.

Worth also checking EU trademark database at http://oami.europa.eu/

I've had listings denied by SEDO even though there were no trademarks in any database, don't remember the names right now but I thought it was strange. I double checked - no trademarks, and SEDO denied them automatically immediately when I tried adding the domain names to my portfolio. Some automatic thing, but it was complete nonsense.

Cheers
Josh

 

[Badger]

As a google AFD partner, Sedo will be under increased pressure to take seriously trademark complaints. Their default will be to suspend domains. This is because TM complaints are very much en vogue and also a hot topic at the moment (with the likes of microsoft, nintendo, sony etc) and google have stated to their partners (that serve 3rd party domains) that this will not be tolerated.

However, some complaints have no basis and if you are using your variation of a common name in a way which is not related to a TM holder in anyway, Sedo should re-instate the name into their system. If your keywords for that domain relate to a TM holder then they should (quite rightly IMHO) remove your domain.

But as someone who is a UK citizen also, I smile at some of the misinterpretations of our cross cultural common language, particularly with our US cousins. Fags to you is not fags to them... :lol: As Robbie Williams found out to his cost when he sung "My breath smells like a thousand fags...... :red:

 

[Ronald Regging]

As Robbie Williams found out to his cost when he sung "My breath smells like a thousand fags...... :red:

Yeah, if you ever come to the US, dont say "i like to smoke fags." Just saying...

 

[StoneRoses]

Thanks everyone for your advice i will press Sedo on the matter and let you know their response.

Thanks again!!

 

[The Engineer]

"For more than 120 years, the Schaeffler Group with its brand FAG has been one of the leading manufacturers of precision rolling bearings for the automotive, mechanical engineering and aerospace industries."

Taken from fag.com site. I wish you luck.

 

[StoneRoses]

I still can't see how there would be any confusion with faghuts i also own smokehuts,they are made up words for places to smoke outside when the smoking ban comes in to effect in England, i thought that smokers would come up with names ie " i am going to the faghut for a smoke" or " i am off to the smokehut for a fag"( laughs from our American friends)

 

[estibot.com]

Stoneroses, your ownership of faghuts cannot be contested if you are not using the website for promoting or selling similar products as the trademark owner.

Let's say the name "FAG" is trademarked by a ball bearings company.

You can register, own and sell FAG.com and you can name your company FAG Ltd if you are providing information on or selling smoking shelters. There is no trademark infringement. Even more so, you can surely own faghuts.com.

But I guess that was not the issue here. The issue is that SEDO is considering all trademark infringement claims legitimate, without any due process whatsoever. OK, it's simple for them, but they also lose revenue because many of these names can be quite valuable.

Another issue is that the SEDO program seems to automatically deny adding such names to listings that even contain a trademarked term.

List your names with Afternic if SEDO won't accept them?

Cheers
Josh

 

[famous]

Stoneroses -

For fun, notify Sedo that (using their logic) SEDO is a 'potentially' infringing name and must immediately cease being used.

There are 3 LIVE U.S. trademarks for 'EDO' that were issued years before 'SEDO' received theirs.

Using SEDO's logic that all variations of the letters 'FAG' worldwide are potential trademark infringements (which is just ludicrous), their name is just as infringing as yours.

I'd love to see their answer.

 

[StoneRoses]

Stoneroses -

For fun, notify Sedo that (using their logic) SEDO is a 'potentially' infringing name and must immediately cease being used.

There are 3 LIVE U.S. trademarks for 'EDO' that were issued years before 'SEDO' received theirs.

Using SEDO's logic that all variations of the letters 'FAG' worldwide are potential trademark infringements (which is just ludicrous), their name is just as infringing as yours.

I'd love to see their answer.

I liked that idea soooo much,that i did actually send them an email to that very effect.
I will let you know their response( if i even get one)

Nice work Thanks

As if by magic i got a response!!!, i have sent them 3 emails prior to this one and had nothing, then i get this reply 30 mins after posting

My email to Sedo


I am emailing to make you aware that by your own definition the word SEDO is a 'potentially' infringing name and must immediately cease being used.

There are 3 LIVE U.S. trademarks for 'EDO' that were issued years before 'SEDO' received theirs.

Using your own logic that all variations of the letters 'FAG' worldwide are potential trademark infringements (which is just ludicrous), yourname is just as infringing as mine.

Look forward to hearing from you on this matter


Their resonse
Dear me

That email was sent to you in error. What the email should have said is that your doamin was removed because it violates Sedo's offensive domain policy.

I apologize for any inconvenience that this may have caused.

Thank you.

[email protected]
Legal Department


So let me get this straight, there was actually no complaint received as they said in their original letter,the email was typed and sent to me by mistake and the domains are now offensive.

 

[gazzip]

Well I'm from UK and agree that a fag is a very common word used to describe a cigarette - however even here it does have a "double meaning" ...as mentioned above it means something totally different in America.

I guess they think it is offensive to Gay people !


.

 

[slugraduate]

List your names with Afternic if SEDO won't accept them?
Josh

Good luck. under Afternics new policy was implemented, they probably will be denied. I am betting that they would make an exception for Fag.com since they would make a sizable profit. (suprise, suprise.)