It looks as though the trademark holder of KOPR-KOTE is overreaching, given that copper coated is a generic term.
Just make sure your parking page isn't posting their adsthat would be a problem.
I think that KOPR-KOTE is "Copper coat" in English.
Should I reply to that email?.
Thanks for your reply...
The English word for copper coat is copper coat.
"KOPR-KOTE" seems to be a made-up term to SOUND like "copper coat." It's more of a visual TM with a variant made-up spelling of a generic term. See KOPR-KOTE at http://uspto.gov/.
As long as you don't infringe, it isn't any of their business as to your intentions.
However, if you want to be polite, just respond that you do not intend to infringe on their TM, that Copper Coat is a generic term.
When I go here Trademarks.
And do a "search" with "copper coated", it comes up "KOPR-KOTE" but it's status is "Dead". What does it mean?..
Read the email very carefully. They do not make claim to the domain. They do not claim to own a TM for copper coated. It's not a C&D. It's very carefully worded. I would respond with wording just as careful.
"At this time my plans for this domain I will not disclose. If your client does have interest in this domain you may inquire further on acquiring it. Thank you for also disclosing to me the TM's of your client and I assume you are aware that my domain does not infringe on their mark.".
Or something along those lines.....
I agree with labrocca, although personally I would leave out the following line: If your client does have interest in this domain you may inquire further on acquiring it.
From what I make of this letter, they are potentially trying to get you to say something regarding your use of the domain that could constitute bad faith, and give them hope of winning it in a dispute. And with some decisions I've seen... you can never be too safe. So offering to sell it to them could possibly harm your case. If they want to make you an offer, they will - there's no need to invite them to make an offer.
Oh and yeah, make sure that their business isn't one of the advertisers on your Sedo parking page.
As for responding or not - yeah, I would respond. You've got nothing to hide. Just keep your response short 'n sweet: You are not interested in disclosing your plans for the domain.
There is also a live trademark, but it seems more for the image and variant spelling.
* Post added at 01:37 PM Previous post was at 01:32 PM *.
Definitely leave this out. No sense in inviting trouble when you don't have to.
But the rest of Labrocca's statement is perfect!.
Thanks a lot for your opinions/comments. Rep added for all of you.
As a protective measure, I remove my domain from Sedo. I sent the letter following Labrocca's without the offer line...
A bit late, but there's a reason why you have the right to remain silent. When dealing with lawyers, anything you say can and will be used against you. Anything you say that is beneficial to your own side will be ignored by them until they can work out a convincing counter-argument. Labrocca's suggestion (minus the sales pitch) should be OK.
Lawyers are by and large pirates (my apologies to the lawyers here). There is no point in giving them an ounce of information, however harmless or even helpful you think it may be. It's just too easy to give something away and weaken your position. The letter you received was a probe to see if they could find a weakness. If they thought they had a case, you would be getting a much worse letter.
They are fishing.
Watch them like the vermin they are, but with the utmost cold courtesy..
Don't give them the case they would like to build. They are bad people and want to hurt you.
I don't know...basically you have some options to consider.
1. Do you want to sell the domain?.
2. How much would you sell the domain for?.
3. How likely is it that they would seek legal action versus buying it..
4. Are you scared of legal action or negotiating with their lawyers.
IMHO their email reads like a vague threat probing you. Offering them the chance to acquire it isn't imho a sign of weakness but a sign of strength that the OP doesn't have any legal problems with the domain infringing. Which imho...he doesn't. If he was squatting then yes...an offer to sell would be bad faith. Does anyone feel he is TM squatting here? Don't let lawyers bully you imho simply because they send you an email with the word trademark in it. It's a tactic that's all.
That domain might fetch you $x,xxx from them so imho...go for it.
Tough call and good luck on your decision...
I have just received a mail letter from them, with the same info as in the email.
Do you think they are serious and will go for it?..
I have to disagree. The point is not whether offering to sell it or not is a sign of weakness - which in my opinion it is. The point is that you are offering a solid foothold for these lawyers to claim bad faith.
Forget about selling the domain to these guys. Just on principle, they should be told to f**k off (tho not in those words).
Ask yourself why they are writing these letters. If they wanted to buy the name, they would get a gmail account and try to lowball you, with no mention of their obvious interest.
What does that leave? They want to take it. If anyone has another possible motive I would like to hear it.
But, then, why not just send a nasty letter telling you to surrender the name or face a lawsuit? My guess is because they know they don't have a case. So, instead they send out this letter meant to trick you into saying something that might give them a case. That's why silence is golden. Even if you are silent, they may try to go ahead with it, especially if they think you don't have the resources to fight back. Don't give them that impression. If you have the name of a lawyer, tell them to direct all further correspondence to your attorney...
I would also take a look at this site coppercoat.com who may or may not have a stronger claim on the domain. Not an expert but thought it would be useful for your future use of the domain.Best of luck...
How would Copper Coat [dot] com have a TM claim?.
"Copper Coat" is a generic term. Unless the owners are running a business that ISN'T described by the term (such as movies or music), then OP has little to worry about (unless he is specifically infringing on the music or movie site). This site seems to be using the term to describe what they actually do.
It would be a scary day when TM owners are staking (and winning) claims to generic terms that are used for their generic meanings.
There is a good reason why companies are moving toward creating their brands with made-up words (Verizon, Vonage, etc.) and branding the heck out of themTM infringement is more clear cut and easier to defend.
OP just has to be careful not to pretend to be the company in question, which does not seem to be the case here. Also, just to be sure, he should probably make sure that no ads from that company appear on his parking page.
I'm not a lawyer, so this is just an opinion based on common sense.
I would simply reply:.
"Thank you for the notice. My intended use has nothing to do with lubricants, so your client can rest assured they have nothing to worry about. My intended use is in the generic sense of copper coated materials." What this says: I don't intend to compete. I consider this a generic product name. enough said.
Don't offer for sale, or mention it might be for sale, especially in response to this notice. If parked, make sure you optimize the keywords for copper coated items (jewelry, cooking utensils, etc.) and nothing to do with lubricants...
Such fear in trying to sell to a good end-user. Why? Because some lawyer used Trademark in his email? You're allowing them to bully you.
They have no case here based on the information in this thread. They are clearly interested in the domain. To pass up this opportunity could mean passing up a very good sale. We are in the domain business right? If you find a interested party you work to close the deal.
Have some guts people...
Not fear, but caution. Yes it sounds generic, but if they file a UDRP, it still takes either time or money to respond. I really don't think this case was worded as bullying. They just asked what the intentions were.
Also, offering to sell to the attorney is not only not wise, but probably a waste of time. The attorney may see dollar signs in representing the company even if there's a slight chance of winning a UDRP. Actually, he probably gets paid even if they lose the case. You don't need this as an "opportunity" to sell. It's obvious they already know he has the domain and may make an offer once they see he isn't going to hand it over easily. Sometimes playing hard to get and not desperate to sell is the best negotiation strategy...
That's unethical. Not saying all lawyers are ethical but realize too that it's often lawyers I sell domains to. It's usually the legal department that handles this type of thing. If you are X client wondering about Y domains you ask your attourney to look into it. The lawyer often acts as a broker and negotiator of sorts. At least that's been my experience.
You make a good point though that an unethical lawyer might just see some billing hours...