TradeMark Tables Turned... ON ME!!!

[GoPC]

So, I've been trying hard not to step on anyone's toes in terms of trademarks and my experiment into Domain Speculation and guess what? Someone's capitalizing on my domain GoPC.com!!!

They've reg'd aGoPC.com and are in the very same industry trying to push the very same niche product. Obviously, they are nothing because they are just reselling another companies product trying to gain traffic and familiarity of the many years of marketing and Mobile PC dominance that GoPC.com has enjoyed.

What now? Does adding the "A" to my domain put them far enough out of reach to do anything or should I hand this over to legal representation?

Never thought I'd be having this conversation from the OUTSIDE!

Grrrr.....

GoPC

 

[jeter4982]

Well considering you don't own a tradmark on GoPC, you are going to have a bit of a tough time taking them to court, though it would be possible. I'm just wondering how legitimate this company/person is, as AGoPc.com doesn't make any sense whatsoever, and therefore wouldn't receive that much typo traffic, or even mistaken traffic. Best of luck!

Tom

 

[GoPC]

There IS a trademark on GOPC. There is also a state level TM on GOPC.

Don't assume you know who and what is behind the scenes

The question remains (and you answered part of it) is "aGoPC" a threat?

GoPC

 

[AMDWarrior]

I would consider a threat, Im no lawyer, but if I were in your shoes and had a TM on GOPC, and since they are pushing the same stuff/market you are you betcha I'd check into it.

 

[midnight251]

They are definitely trying to capitalize on GOPC. I'm sure they knew what they were doing when they reg'd the name, trying to get traffic from GOPC. I think it would be worth while to look into this.

 

[jeter4982]

There IS a trademark on GOPC. There is also a state level TM on GOPC.

Don't assume you know who and what is behind the scenes

The question remains (and you answered part of it) is "aGoPC" a threat?

GoPC

I'm sorry, I actually did lookup the trademark information, but I guess I skimmed through it too quickly, as I thought it was trademarked by someone else...my apologies. I personally would not consider them a threat at this point in time, but I would definitely keep my eyes on them. A lawsuit right now is going to cost you a lot of money, and may not even be worth it if they are only getting a few hits per month. That being said if they get up to the point of millions of hits per month, then that is another story. I would probably send them a nice email explaining that you own the trademark, and suggesting for them to change the content of the site. I would not mention a threat of a lawsuit, or anything like that, but just see what their response to your trademark is, and if they blow you off completely, then threaten the lawsuit, but they may willingly change the site content. Good luck!

Tom

 

[DNQuest.com]

Anything similar or confusingly similar can be a threat. I would send a C+D and i would ask then to hand over the domain. BTW- I would never send a C+D asking for a squatter to merely just change content, that is just plain silly. But I would take steps to protect myself. The sooner the better.

 

[jeter4982]

Anything similar or confusingly similar can be a threat. I would send a C+D and i would ask then to hand over the domain. BTW- I would never send a C+D asking for a squatter to merely just change content, that is just plain silly. But I would take steps to protect myself. The sooner the better.

I'm just saying it may be a better alternative if he doesn't want to go to court, as it will look very bad if they call the bluff, and say we will see you in court. Then if you don't bring them to court then they will continue to infringe, and things will just get worse IMO.

Tom

 

[DNQuest.com]

At this point, it has nothing to do with court, it is about asserting your rights to an alleged squatter. By offering the option to change the content, you are granting permission for him to use the domain (and his TM), which down the road could come back and bite him. This is what would cause dillution and weakening of his TM.

 

[GoPC]

Here's what I've done.

I've sent a letter notifying them that I've noticed their Domain, products and market niche. I've noted the similarity to GoPC.com and mentioned the GoPC Computer TradeMark and suggested that their name may miscontrued as GoPC because it is so similar.

I asked that they contact us for alternatives for continued use such as proper mention of the GoPC product or services on their site or other solutions.

Seems more equitable to create a "partner" then an enemy. From here, we should get a responce dictating their attitude and posture. This responce should make future actions more focused and definitive.

GoPC

 

[Robert Allen]

My brother was sued for having jules.com. Some french company tryed to sue him for that domain. If you check the WHOIS, he has had that name for years. I am fearing over pcwebtalk.com. ewebtalk.com, and others are so close to mine. We are sort of on-top of each other. If i get some spam about any of my names, i would give a nasty reply - I wont give up my names without a fight.

Bob

 

[labrocca]

Glad you followed DNQ's advice. However I wish you would have posted a draft here first. We could have helped you word it properly.

Anyways good luck.


HOLD UP

Did anyone take the time to check out both sites? AgoPC.com seems to sell a real product. You made it sound like they are just a reseller.

...reselling another companies product trying to gain traffic...

But if you look they have a branded computer they are selling. Meanwhile you are NOT. Your site is basically an affiliate site of places like Dell. Also they are branding as AgoPC.com not aGoPC.com. You really are posting some misleading information here. I don't see anything confusingly similar actually. I would even go as far to say you are attempting a reverse hijack.

They registered their domain recently but for 10 years. I don't see this as bad faith registration.

As for the GOPC mark..I just see a standard character mark and a dead abandoned mark.

Sorry but imho...you can't do jack about AgoPC.com

 

[GoPC]

NOTE -- It is not Branded yet. They are brand new in the market and are a private lable drop shipper of someone elses product.

YOU could brand the same product they are. It's a private lable product that Tablet Kiosk is selling as well. They are a reseller and nothing more. As is GoPC.com now. On the other hand, why GoPC.com is a gernalized site (do to a manufacturing agreement in place with a corporate partner now) the GoPC TM is specific for the Mobile Computing Unit, not the domain.

So there are two issues, really... one is the product TM discussion and the other is the use of the domain, capitalizing on the similarity. Granted, GoPC.com (formerly Alliance Resource, Inc.) doesn't itself manufacture the machines any longer, but the new TM is in effect for the new Product Line.

GoPC Computers have been manufactured since October of 1996 and have alwasy been sepcific to the ultra compact, mobile computing industry with a carry over into the set-top appliance market.

They are clearly trying to capitalize on that.

Agreed, there may not be much I (we) can do without some expense and bruised egos. I was just curious on your opinions especially being in reverse order for a change. LOL!

I currently own XGamesRally.com with XGames being a TM of ESPN(EXPN) so I'm on the other end of the stick in that sense. With the exception, of course, that I am using the domain with permission of the series Producer in exchange for providing them an additional space to market and promote the events. XGamesRally.com gets MORE hits than their ESPN XGames Rally site. LOL!

Obviously, having gone that route wit ESPN, that was my motivation for offering a similar out for AgoPC.com It works GREAT for ESPN and myself... why not?

GoPC

 

[labrocca]

I think you need to speak with a lawyer on this one and if you want to pursue this further. I see your point but I also don't know your entire GoPC history nor what your rights are. Just from looking at the 2...I do not get any impression they want to capitalize on your mark. However a good attourney in front of you could change my opinion and a judicial systems as well.

 

[GoPC]

Fair enough

GoPC

 

[Robert Allen]

I think you need to speak with a lawyer on this one and if you want to pursue this further. I see your point but I also don't know your entire GoPC history nor what your rights are. Just from looking at the 2...I do not get any impression they want to capitalize on your mark. However a good attourney in front of you could change my opinion and a judicial systems as well.

Sod the Lawyer. Too much $xxx. Ignore all future emails, phone calls, Letters from these guys and block all means of contact - send a strong message that i have done nothing wrong... Do you have WHOISGUARD on gopc.com? If yes, that will benefit.

Just my opinion (and what i would do in your situation, infact, i wouldnt even reply to the email they first sent).

Just my 0.02 and honestly opinion on what i would do.

Robert

 

[DNQuest.com]

Interesting turn...

It seems to be a new company, but using the background of the players involved to make it seem like agopc has been around for 2 decades. You need a lawyer to sort this out. This could be a TM issue that goes well beyond domains. I agree with Labrocca, they are not using your mark, they are trying to start thier own using a name similar to yours. This is something that should be addressed now and not down the road. I would also ignore what Robert has to say on this subject.

 

[labrocca]

Sod the Lawyer. Too much $xxx. Ignore all future emails, phone calls, Letters from these guys and block all means of contact - send a strong message that i have done nothing wrong... Do you have WHOISGUARD on gopc.com? If yes, that will benefit.

Just my opinion (and what i would do in your situation, infact, i wouldnt even reply to the email they first sent).

Just my 0.02 and honestly opinion on what i would do.

Robert

You obviously didn't bother to read the thread sir. He wants to go after them..not the other way around.

This is something that should be addressed now and not down the road. I would also ignore what Robert has to say on this subject.

Strategically though..if you wait till the company is actually worth something a lawsuit will be more worthwhile. However if you choose that route delete this thread asap. You don't want evidence of your early knowledge.

 

[Keral_Patel]

labrocca is absolutely right. Taking the matter light handedly will benifit you more then firing at them directly.

Just monitor them and their activities for some time. You definately have nice grounds to get them where you want. So why not get them when the right time arrives.

 

[DN Tycoon]

I suggest you move on as you do not have a leg to stand on, the fact that this other site sells pc's called AGO7 clearly drops the floor on your theory. AGOpc doe not seem to me to be a spin off of your site. If agopc.com was just an affiliate site then I would see your point...just because someone owns a domain name with the name of your domain name in it does not always mean you can sue them...