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GoDaddy reviews : Advise I use GoDaddy?? Need help - Trademark infringement (transitionglasses.com)

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Hi I just got a mail from the trademark adminitrators of "Transitions Optical Inc." who demand that I:.

1. Immediately discontinue any and all use of the Domain Name in connection with the optical industry; and.

2. Immediately and permanently refrain from any use of the term TRANSITIONS or any variation thereof that is likely to cause confusion or dilution.

For the domain transitionglasses.com. It is simply a parked page with Whypark..

I thought this was a generic term? Should I obey or ignore?.

Thank you very much for your thoughs and comments.

Dabusk..

Comments (5)

I am assuming this is their website Transitions?.

I can see how TransitionGlasses.com could be confusingly similar to be honest.

If you Google the term most of them are to do with the companies TM. It doesn't seem like a widely used generic term.

Here is a Yahoo Thread referring to them. It says the following - Did he actually buy Transitions? They are a brand, like Coca-Cola, they are the best on the market, but there are a lot of cheap imitations.

If you want to fight it that is up to you, but I think they have a pretty strong case at first glance.

Brad..

Comment #1

Hi Brad.

Thanks for the reply!.

I would love to hear other opinions. Note that their trademark is on the plural version ("transitions") and that they did not invent these types of transition glasses (as far as I understand)...

Comment #2

The word "transitions" is not descriptive of eyeglasses, and the question is not typographic identity, it is confusing similarity. And McDonald's did not invent hamburgers either. But that's not the issue...

Comment #3

I would ask them if they want the domain or move on since there is not one thing you can do to stop them..

I had a generic domain like "land" dot tel and this Telecom company almost took me to court claiming TM infridgement and all I could do is negotiate a little and sold it to them..

Your domain is no way near generic and confusingly similar to their niche so your case is pretty much lost..

Best of luck,..

Comment #4

Thanks for the help you all..

I deceided to comply with the rules and offered them to buy the domain dirt cheap since it had no value to me anymore..

I have not heard from them since.

Thanks..

Comment #5


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

 

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