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GoDaddy review : Great idea to try GoDaddy?? My First TradeMark Violation eMail - Could It Be Real?

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Hello,.

Today I received a very credible TradeMark violation email from a tuxedo company. I have the domain: Tuxedo-Rental.net with parked pages I created & adsense ads. I'll comment out the Tuxedo company's name - but here's what it said:.

FROM: "Legal Administrator" <administrator- doesn't have any content. Has anyone else gotten a similar email? I looked over the link they referenced above & I don't see the trademark violation, unless if it's a link named: XXXXXX Tuxedo Rental?.

I was going to park the domain, but figure they will probably come down on me harder. The site makes pennies a day off the adsense so I was possibly just going to remove all the ads, put up a blank page & drop the domain when it comes up.

Thanks for your replies in advance...

Comments (18)

Looks pretty fake in my opinion and tuxedo rental is a fairly generic term so to be honest if you did things correctly you *SHOULD* be fairly safe...

Comment #1

Ignore it and see if they replySounds fake to me too...

Comment #2

Tuxedo-Rental.net there is nothing in it that looks like a trademark.

Just ignore it and let them do what they want to do. Don't try to take any actions from your side...

Comment #3

Have you conducted a Trade Mark search to verify?.

You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS) http://tess2.uspto.gov/bin/gate.exe?...glish&p_d=trmk.

Cheers.

Corey..

Comment #4

Tuxedo-Rental.net as a TM issue? Give me a break.

That is far too generic of a term to take that seriously if it even was a legit email.

There is absolutely no way anyone has exclusive use to "Tuxedo Rental".

There is one actual TM for the term Tuxedo Rental.

However.

1.) It is a Design Mark only..

2.) It is Dead..

3.) There is a specific disclaimer "APPLICANT HEREBY EXPRESSLY DISCLAIMS RIGHT TO EXCLUSIVE USE OF THE TERM "TUXEDO RENTALS, INC.," ASIDE AND APART FROM THE MARK AS SHOWN, RESERVING UNTO ITSELF, HOWEVER, ANY AND ALL COMMON LAW RIGHTS THAT IT MAY HAVE.".

I hope the email is fake, because if it is actually legit then it is embarrassing how clueless the sender is.

It is like Hertz warning you because you are using Car-Rental.net. It is a joke.

Brad..

Comment #5

Thank you for all the replies. I wasn't going to renew this domain so I guess I'll just let it sit & expire.

The email doesn't appear realistic enough to take action from my end...

Comment #6

I would ask them for proof of their trademark. Ask them to point you to the spot in the USPTO where "tuxedo rentals" is trademarked. If they can't do that, well..... I'd say they have a pretty weak case. IMO this is WAY too broad to claim TM infringement, and they would lose a URDP if they tried it. I am no lawyer, though.

If you don't want to deal with it, either transfer them the domain or cancel it.

Ripley..

Comment #7

Dont drop the domain sell it to me and I'll deal with them. This is far to generic...

Comment #8

After a bit further research, it appears this correspondence is valid as it pertains to the content of the domain, rather than the domain itself.

Brandimensions is the parent company that sent this notice. They're on online reseach firm, specializing in online brand protection.

From their bio page: In this case, you should certainly:.

- Inspect your content pages/links for any potential infringement of the marks in question.

- Remove them immediately.

- Respond and acknowledge that all content in violation has been removed, and that you've taken corrective measures to prevent any future potential abuses.

I should have read the OP's letter more carefully before initially responding.

Looks like johnPK beat me to it...

Comment #9

Too generic domain IMO you dont need to worry about the TM probs..

Comment #10

First I also thought this e-mail was fake, but a whois search shows that legal-notification.com is registered by Brandimensions Inc. ( Brandimensions.com). Therefore this mail could be legit.

- they never said that the domain itself (Tuxedo-Rental.net) is infringing their clients trademarks, but - they didn't ask him to transfer the domain, but only to Without knowing the exact trademark or company I can only guess. Since the only link on your page containing "xxxxxx Bridal" is "Davids Bridal Prom Dress" on the main page, it could be "David's Bridal Inc." and they're referring to the following page: http://www.tuxedo-rental.net/davidsbridalpromdress/.

In this case you're infringing their trademark and you should.

- remove the page mentioned above and the links containing "David's Bridal".

- respond to their mail, saying that (a) you weren't aware of the infringement (b) removed the trademarked content immediately (c) you refrain from using their trademark in the future.

If it's another company, you should search your site for the mentioned trademarks and remove the links where necessery.

You should only ignore this mail if you're 100% sure that you do not infringe any trademarks - otherwise it could get expensive.

Cheers.

John.

P.S.: If you want you can PM me the name/trademarks and I'll see if I find anything...

Comment #11

There are a lot of fake trademark emails that go through the net. More so that probably most people realize. There are individuals who make a great living ripping off people through TM scams...

Comment #12

Nonsense!.

Did you actually read the letter? And if so, did you understand it? Well, obviously not.

The company represented by Brandimensions Inc. has several active registered trademarks, one of which Expron is using on his site without authorization by the mark's owner.

Therefore he is infringing their trademark.

If he doesn't remove the relevant content/link and respond to their e-mail, this could result in major financial damages (legal fees etc.) for the domain owner - depending on how seriously they pursue this case.

Furthermore Brandimensions Inc. is a well known company specialized in protecting major brands from online fraud and trademark abuse.

Only reading the thread title and to jump to conclusions isn't really helpful..

Without knowing/understanding the facts you shouldn't thoughtlessly post that kind of "legal advice" - some people might actually believe you.

Cheers.

John..

Comment #13

Some days, I really question the reading comprehension skills around here.

The letter is not about the domain name.

Let that sink in for a moment - The letter is not about the domain name.

What some companies do is outsource general TM enforcement to companies that troll the web looking for instance of the trademark text.

The web page in question has a ginormous list of TM names in the tuxedo rental business, and no useful link, in most instance to anything having to do with those TM names. THAT is what they are complaining about - the page content, not the domain name...

Comment #14

Thanks for to everyone's input including JohnPK & jberryhill.

I recommend to be careful in using those automated content generator programs on your domains. Seems like their time has passed & could lead to headaches if they infringe trademarks...

Comment #15

Brandimensions is known to use a bot to automatically check for potential violations. Their entire DMCA notification process is likely automated. Some webmasters block their useragent in the .htaccess file. Poke around a little and you'll find the necessary info.

It is not within the DMCA guidelines to sue someone without first sending a takedown notice and allowing the accused to take action, so you have nothing to worry about now. Not to sound as if I support TM infringement, but as long as you act on each DMCA notice you are protected under current law. Veoh.com successfully used this defense recently in a major case, and YouTube will soon use it against Viacom.

I didn't see your site before you took it down to know what was going on there. In any event, this was obviously a throw away type site so you are correct in just moving on rather than contesting something worth so little to you.

Disney.

Disney.

Disney.

Oops, NamePros is now liable to Disney. lol..

Comment #16

If your conscience is clear then nothing to be afraid of. Just be careful in dealing with this kind of "mysterious" mail next time. Remember, you are seen worldwide and anybody can do this to anybody.....

Comment #17

And I am sure a clear conscience will be enough to win a wipo..

Comment #18


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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