Re: Am I in violation of trademark laws?

Subject: Re: Re: Am I in violation of trademark laws?

Comments:
: : I recently registered a domain name. Last week I got a letter in the mail from a San Francisco Lawyers office regarding the fact that I should stop using my domain name immediately. : : My domain name consists of 3 words (johnnygonefishing)while his are the last 2 words (gonefishing) of my domain and he has a ServiceMark for this particular name. Am I in any violation? I reside in Canada and this domain name will for a long time anyways be used only in Canada. : : The way the letter is stated is that he pretty much owns the use of those 2 words. They are pretty generic and Im not sure wether he can actually own those words. I have done searches online and have found that there are quite a few other domains using the same 2 words in the same order of use. It seems that I shouldn't be the only one he should be trying to sue. : : Any help would be appreciated. : : Thanks : : Mitch : Dear MItch, : You are caught in the web of the Wild West Show of domain names. The law is not clear. The underlying facts bests determine the issues. If you are not a cybersquatter you may be able to brute it out. : If the other side has a registered trade mark with a prior use that may conflict with yours then your position is weakened. The fact that you are in Canada adds another dimension. The domain name may have to be decided in the US if the name came through a US agency. : 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 : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive(sm)

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