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USBank.com tries to steal MusBank.com

Labeled as discuss in Legal Discussion, started by WINNA, Apr 10, 2020

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  1. WINNA

    WINNA Established Member

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    Got this today:

    Dear Domain Owner,

    We note you have not responded to our last request that you discontinue use of the domain name(s) musbank.com. We made this request because you registered the Domain Name(s) without permission or authorization from U.S. Bank. The Domain Name(s) incorporates the U.S. Bank trademark in its entirety, in part or is confusingly similar. Your use of the U.S. Bank trademark suggests sponsorship or endorsement of your website from U.S. Bank.

    We therefore repeat our request that you immediately discontinue use of this domain name.

    Sincerely,

    U.S. Bank

    U.S. Bancorp
    U.S. Bancorp Center
    800 Nicollet Mall, Minneapolis, MN 55402-7020 | BC-MN-H21N | www.usbank.com
     
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  2. sircc

    sircc Established Member ★★★★★★★★★★

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    What is mus bank?
     
  3. henrypcyeung

    henrypcyeung Established Member

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    MusBank can be read as "M" and "US Bank".

    So probably have trademark issue.
     
  4. Adam27

    Adam27 Blockchain.link VIP ICA Member

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    1. Ihmo it can read "Mus Bank" so don't see the issue.
    2. I wouldn't mess with a bank TM.
    3. IANAL
     
  5. BrandPlease

    BrandPlease BrandPlease.com VIP Gold Account

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    Listen - with the craziness going on in the banking system- they are going to make an example of some people who they think are being deceptive in a time of worldwide crisis. You dont want to be one of them. I am sure they have "free" gov. money to go after perceived banking fraud - which is what they are accusing you of.

    It also doent sound like they are stealing - per your note above - they warned you to quit doing whatever you are doing with it. I didnt see a demand for the name, maybe you just didnt add that part?
     
  6. jideofor

    jideofor Top Contributor VIP ★★★★★★★★★★

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    What is he doing with it?
     
  7. NameDeck

    NameDeck Who's afraid of red ... VIP

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    Dunno. Has a weird lander. Also owns fedpolice by the looks of it. It's obvious imo who he's targeting.

    I'm no expert but I'd try to avoid an UDRP as I wouldn't bet on a positive outcome.
     
  8. AdamFL

    AdamFL Established Member

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    It looks like the "M" stands for Minnesota. I don't know the history of the bank, but it looks like they are after "Minnesota US Bank".
     
  9. BrandPlease

    BrandPlease BrandPlease.com VIP Gold Account

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    Think "M" - then think what mobile versions of some website looks like on various devices. The M is part of of the "path" they are likely assigning to their mobile us bank something. It would make them worry about fraud, phishing, etc..
     
  10. WINNA

    WINNA Established Member

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    Short for Muscle Bank
     
  11. BrandCollectors.com

    BrandCollectors.com Established Member

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    I think m is for mobile mUSbank mobile website etc..
     
  12. NickB

    NickB Aka MrAcidic VIP Gold Account

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    This thread has been indexed by Google........first page, right under US Bank website - not a good look

    (n)
     
  13. EZPZYO

    EZPZYO Hack IT Crack IT VIP

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    musbank was created in 2003. It took "them" 17 years to realize it looks "confusingly similar" LMAO :ROFL:
     
  14. WINNA

    WINNA Established Member

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    Totally agree LMAO
     
  15. WINNA

    WINNA Established Member

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    We beat FB
    On Fri, December 2, 2016 1:44 pm, [email protected] wrote:
    > To Whom It May Concern,
    >
    >
    > We are writing concerning your registration and use of the domain name
    > facebookxxx.com, which contains the famous Facebook trademark.
    >
    > As you undoubtedly know, Facebook is the leading online social network
    > service. Facebook adopted the name and trademark Facebook in February
    > 2004 and, since that time, Facebook has actively used the Facebook name
    > and trademark in connection with its online social network service,
    > including maintaining the web site www.Facebook.com. The term Facebook is
    > one of the most famous trademarks on the Internet. Facebook owns
    > exclusive trademark rights to the Facebook name as a result of numerous
    > trademark registrations in the United States and internationally, as well
    > as related common law rights. Accordingly, Facebook enjoys broad
    > trademark rights in its name.
    >
    > Facebook has made a substantial investment in developing and providing
    > its services. As a result of Facebook’s pioneering efforts and devoting
    > substantial effort and resources to providing only high quality services,
    > the Facebook name and trademarks are widely known among the consuming
    > public worldwide, and the name and trademarks embody substantial and
    > valuable goodwill.
    >
    > Accordingly, we were concerned when we learned of your registration and
    > use of facebookxxx.com. As we hope you can appreciate, protection of its
    > trademarks is very important to Facebook. Your registration and use of
    > facebookxxx.com violates the Lanham Act (15 U.S.C. 1051 et seq.) because
    > it infringes and dilutes the famous Facebook trademark.
    >
    > Infringement occurs when a third party’s use of a company’s trademark
    > (or a confusingly similar variation thereof) is likely to confuse
    > consumers as to the affiliation, sponsorship or endorsement of the third
    > party’s services. Trademark dilution occurs when a third party’s use
    > of a variation of a company’s trademark is likely to lessen the
    > distinctiveness of the company’s famous trademark.
    >
    > We have filed several proceedings before the United Nation's World
    > Intellectual Property Organization's arbitration panel. Facebook has
    > prevailed in each case and the domain names at issue were all ordered to
    > be transferred to Facebook. Facebook is concerned that your unauthorized
    > use of the Facebook name may cause confusion as to whether you or your
    > company’s activities are authorized, endorsed or sponsored by Facebook
    > when, in fact, they are not.
    >
    > We understand that you may have registered facebookxxx.com without full
    > knowledge of the law in this area. However, Facebook is concerned about
    > your use of the Facebook trademark in your domain name. As you may know,
    > the Anticybersquatting Consumer Protection Act provides for serious
    > penalties (up to $100,000 per domain name) against persons who, without
    > authorization, use, sell, or offer for sale a domain name that infringes
    > another’s trademark.
    >
    > While Facebook respects your right of expression and your desire to
    > conduct business on the Internet, Facebook must enforce its own rights in
    > order to protect its valuable and famous trademark. For these reasons,
    > and to avoid consumer confusion, Facebook must insist that you
    > immediately stop using facebookxxx.com and disable any site available at
    > that address. You should not sell, offer to sell, or transfer the domain
    > name to a third party and should let the domain registration expire.
    >
    > Please confirm in writing that you will agree to resolve this matter as
    > requested. If we do not receive confirmation from you that you will
    > comply with our request, we will have no choice but to pursue all
    > available remedies against you.
    >
    > Sincerely,
    >
    >
    > Ethel
    >
    >
    > Legal Dept.
    > Facebook, Inc.
    >
    >
     
  16. griff

    griff Top Contributor VIP

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    As above, they do use m.usbank.com and have done for many years. The only thing I have noticed on your side, is that in 2019 you changed the lander from your own one, to using the Sedo Ad lander - is it possible that the Sedo lander included ads of their competitors? that's the only reason I can see them initiating something like this now after so many years of your domain existing
     
    Last edited: Apr 11, 2020
  17. WINNA

    WINNA Established Member

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    We beat the AFP

    UNCLASSIFIED



    To whom it may concern @ World Internet Authority,


    We note you have contacted our National Media team three times in the past couple of months.


    We wish to advise we are not interested in acquiring the domain www.australianfederalpolice.com at this time. Please cease all further communication in relation to this matter. This includes both email and phone correspondence.


    Many thanks,


    Online Services

    Australian Federal Police


    From: Australian Federal Police <[email protected]>
    Sent: Wednesday, 22 January 2020 5:45 PM
    To: AFPNationalMedia <[email protected]>
    Subject: Re: [Fwd: Re: Your registration of www.australianfederalpolice.com [SEC=UNCLASSIFIED]]







    On 13 Jan. 2020 18:35, Australian Federal Police <[email protected]> wrote:





    On 7 Jan. 2020 15:13, Australian Federal Police <[email protected]> wrote:

    ---------------------------- Original Message ----------------------------
    Subject: Re: Your registration of www.australianfederalpolice.com
    [SEC=UNCLASSIFIED]
    From: [email protected]
    Date: Wed, August 17, 2016 7:37 pm
    To: "WebAdmin" <[email protected]>
    Cc: "WorldInternetAuthority.com" <[email protected]>
    --------------------------------------------------------------------------

    To Whom It May Concern.

    Please Advise On Trademark With The Indexing Details And Word Constituents
    With The Dot Com (.COM) Suffix In The Title.

    Forcibly.

    FedPolice.com

    On Mon, August 15, 2016 6:59 pm, WebAdmin wrote:
    > UNCLASSIFIED
    >
    >
    > To whom it may concern,
    >
    >
    > The AFP is aware that the
    > www.australianfederalpolice.com<http://www.australianfederalpolice.com>
    > domain has been registered by yourself or a related party.
    >
    > The Australian Federal Police name and logo are trademarks of the
    > Commonwealth of Australia, and their use is highly sensitive to the AFP
    > and its law enforcement and community policing activities.
    >
    > Please note that the
    > www.australianfederalpolice.com<http://www.australianfederalpolice.com>
    > domain was registered without the prior permission of the trademark
    > owner. This was contrary to Australian and international intellectual
    > property laws, including the rules for domain registration eligibility
    > published by ICANN.
    >
    > Please take all necessary steps immediately to de-register the domain, or
    > to release it to the AFP. Please contact
    > [email protected]<mailto:[email protected]> should you require the
    > AFP's assistance.
    >
    >
    > Our preference is to resolve this matter promptly, through all parties'
    > mutual consent.
    >
    > Your cooperation in this matter is greatly appreciated.
    >
    >
    > Best regards,
    >
    >
    > Aaron,
    >
    >
    > Online Services
    > Government & Communications
    > Australian Federal Police
    >
    >
    > UNCLASSIFIED
    >
    >
    > **********************************************************************
    > WARNING
    >
    >
    > This email message and any attached files may contain information
    > that is confidential and subject of legal privilege intended only for use
    > by the individual or entity to whom they are addressed. If you are not
    > the intended recipient or the person responsible for delivering the
    > message to the intended recipient be advised that you have received this
    > message in error and that any use, copying, circulation, forwarding,
    > printing or publication of this message or attached files is strictly
    > forbidden, as is the disclosure of the information contained therein. If
    > you have received this message in error, please notify the sender
    > immediately and delete it from your inbox.
    >
    > AFP Web site: http://www.afp.gov.au
    > **********************************************************************
    >
    >





    UNCLASSIFIED






    **********************************************************************
    WARNING

    This email message and any attached files may contain information
    that is confidential and subject of legal privilege intended only for
    use by the individual or entity to whom they are addressed. If you
    are not the intended recipient or the person responsible for
    delivering the message to the intended recipient be advised that you
    have received this message in error and that any use, copying,
    circulation, forwarding, printing or publication of this message or
    attached files is strictly forbidden, as is the disclosure of the
    information contained therein. If you have received this message in
    error, please notify the sender immediately and delete it from your
    inbox.

    AFP Web site: http://www.afp.gov.au
    **********************************************************************
     
  18. WINNA

    WINNA Established Member

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    The big ones we won:

    GodAddyItIs.com
    ExposEfAcebook.com
    DogAddy.com
     
    Last edited: Apr 12, 2020
  19. NameDeck

    NameDeck Who's afraid of red ... VIP

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    All I'm seeing are cease and desist letters. If you have actual UDRP filings to show that would be interesting.
     
  20. NameShiba

    NameShiba Top Contributor VIP

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    Lawyer will have a field day with this information.
     
  21. sircc

    sircc Established Member ★★★★★★★★★★

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    Sure, but was the OP the one who registered it back then? Creation date and new registrants are quite different.
     
  22. WINNA

    WINNA Established Member

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    NoodAddy.com
     
  23. WINNA

    WINNA Established Member

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    Music Bank
     
  24. WINNA

    WINNA Established Member

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    Nodady.com
     
  25. WINNA

    WINNA Established Member

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