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Re: Website columnist v. software company -- Am I infringing or not?[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Mark Lebow on June 23, 2000 at 19:11:55: In Reply to: Website columnist v. software company -- Am I infringing or not? posted by Scott Keith on June 23, 2000 at 15:35:42: Scott Keith stated: >>: I'm having a dispute over a trademark and could use advice. ...>> <<: - Am I infringing on the trademark by using the Netcop name?>> Scott, while you provide a number of facts, I don't think any worthy attorney is going to give you an opinion on this over the Internet -- for a number of reasons. You're asking for a legal conclusion that - given recklessly over the net - would not be wise. And you don't just want a layman's opinion, do you? >>: - Legally speaking, are his claims of "confusing the marketplace" valid?>> It depends on additional factors. However, see my above response. >>: - Since the Netcop trademark isn't registered in Canada according to the search engine I checked, does he even have legal recourse against me and/or the website?>> I'm not sure what one has to do with the other. You're asking several questions here. : - Is this case so thin that calling his bluff would likely result in a judge throwing it out right out of the gate or would it end up costing me more money than it's worth? Given that the name itself isn't worth anything to me financially, it's more just a matter of personal pride, so anything costing me more than $0 would be "not worth it". From what you describe, you really don't want to spend any money - be it for a domain name, or for an attorney who can competently help you with your situation. Based on what you say, you have some things in your favor. You already know certain things from your comments. If the person is trying to sell the names, it looks like he doesn't care anymore, and may need the money (which is probably why he's selling them). The person seems to have other problems as well. Good luck.
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