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   Author  Topic: .com Trademark  (Read 1637 times)
Shai Neubauer
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.com Trademark
« on: Apr 20th, 2004, 4:24pm »
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Hello.
I have a domain that I just recently bought and I got a cease and decist letter from a company that says I am violating there trademark.Its a one word domain and the only difference is a one vowel letter.Something like mather(.com) and mother(.com).They say it creates confusion in the marketplace because people visiting my site think they are actually going to the other site.
I bought the name because I think its a great domain but there is one major part of both of our sites that is the same.I need to get more specific with someone.Please someone help me with this.
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tom
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Re: .com Trademark
« Reply #1 on: Apr 21st, 2004, 5:51am »
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Do you both offer competing products or services?
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Shai Neubauer
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Re: .com Trademark
« Reply #2 on: Apr 21st, 2004, 6:05am »
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There site is a major search engine portal.In fact they are a public company.My site is totally different subject except I do have a search box on my home page which does make me good money and they say causes confusion in the marketplace.
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M. Arthur Auslander
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Re: .com Trademark
« Reply #3 on: Apr 21st, 2004, 6:58am »
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The information has to be clear in order to understand the legal impact. The at least you can get into what to do or not do. In many situations it is easier to change even if you are right.
 
The courts are not sympathic to harassing law suits. They are not sympathetic to willful infringement. It may be cheaper to get competant legal advice from a lawyer you can trust, than worry about an abstraction.
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M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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Shai
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Re: .com Trademark
« Reply #4 on: Apr 21st, 2004, 9:41am »
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Arthur,
 
Thank you so much for your response.
I would like to make this as clear as possible however Im not sure it would be smart to post the whole story on this forum.Is there a chance we can do this by private email? If I have to pay I will do it because I really do need good legal advice here.
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