Re: Infringement, Dilution?

Subject: Re: Re: Infringement, Dilution?

Comments:
: : We coined a domain name for the purpose of developing a website with access to international trading centers so that investors could access and trade securities 24 hours a day. After lengthy consideration we selected a name we felt would reflect the purpose of the site and came up with eTrader247. Later we received a letter froim E*TRADE that it was trademark infringement if we used it. Obviously we understand ETRADE's desire to restrict any use of a name that may be similar to it own or one that may have "etrade" as a part of it such as etradecentral, etradenet, etc. however in our opinion it is unreasonable to assume that E*TRADE has infinite rights over any name that may happen to include "trade" in its name, especially given the two words mean different things. Since "e" names are now considered part of the public domain in terms of use for internet business, it seems that such broad ownership claimed by E*TRADE would ultimately be considered anti-competitive if in fact such a position was granted. Advice please? : The situation has to be studied very carfully. There seems to be merit in part of what you say even though ETRADE may stand alone as a comination of words and or letters. The reality of the law is that even if you are right, it will probably cost a fortune in legal fees to prove it. If you fight and are wrong it will cost even more. : I have sympathy for your position. If Represented E*TRADE I would probably recommend going after you. : A trademark search might give a better picture of where you stand. If E*TRADE is on soft ground you might even recover attorneys fees and damages. : M. Arthur Auslander : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

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