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Re: Domain & Trademark Infringement


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Posted by M Arthur Auslander on February 10, 2002 at 22:05:44:

In Reply to: Domain & Trademark Infringement posted by William on February 09, 2002 at 13:12:33:

: I registered a domain over a year ago and built a work at home business. I received a letter from a lawyer saying my domain infringes upon the trademark rights of another individual. Just for an example (and these are not the actual terms) the complaining party has a registered trademark on say Diet Power. Also, for example only, my domain is dietpowernow.com - The letter I got was not only a cease and desist but went on and on that their client is entitled to appropriate relief, including injunctive relief, damages, attorney fees, and cancellation of my domain, etc. I am not a cybersquatter, I did not even know the other party existed until now. The complaining party has big money and I am just trying to have a quiet home business and pay the bills. What do I do from here?

Dear William,

You may be on the wrong side. The worst is that even if you were right, if the other side has big bucks they may be able to wear you down. It does not seem like a big deal to work you way out of this. It would be wise to break down and pay a small fee now to an IP lawyer that you can trust, than struggle with something like this.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
America On line Instant Messenger screen name artauslander
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