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copyrighted names, trademark infringement
Old 06-08-2009, 04:58 PM copyrighted names, trademark infringement
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Name: Sylwester
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Hi,

I have domain name, for example - webhostingplan123.info
but someone has webhostingplan123.com

Is this ok? How do I know if that domain is registered trademark?

I'm asking, because I have received an email that I violating copyrighted names and trademark infringement.

Please reply,
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Old 06-09-2009, 10:48 AM Re: copyrighted names, trademark infringement
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Sometime these emails are just flying a kite but you do need to check. Do you have a site on your domain? Perhaps you could offer to sell your domain to them. Consult a lawyer before replying to anything though. Never admit anything in writing.
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Old 06-10-2009, 02:21 AM Re: copyrighted names, trademark infringement
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It's okey, but you'll lose in SEO... if domain .com optimize their domain so your domain will be always number two
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Old 06-10-2009, 02:54 AM Re: copyrighted names, trademark infringement
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May I ask from whom have you received that email?
And what is domain name extension you have domain name in?
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Old 06-11-2009, 01:30 PM Re: copyrighted names, trademark infringement
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Like others said, be careful as there are a lot of scam emails that float around with things like "TM issues" and "Domain Appraisals" etc

also lots of countries have a trademark registration / database. Here is the link to search the US one. http://www.uspto.gov/main/trademarks.htm search on the right.

my question is why would you want to register a name like webhostingplan123.info, if you are not trying to profit off of the .coms name. which would be a TM issue. Also a TM does NOT need to be registered in order to be protected / defended, it just needs to be used.

TM's are tricky, I prefer not to go near them, some don't mind the risk. If in doubt you might want to consult a lawyer.
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Old 06-11-2009, 01:41 PM Re: copyrighted names, trademark infringement
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Quote:
Originally Posted by sylwester View Post
Hi,

I have domain name, for example - webhostingplan123.info
but someone has webhostingplan123.com

Is this ok? How do I know if that domain is registered trademark?

I'm asking, because I have received an email that I violating copyrighted names and trademark infringement.

Please reply,
You should do a trademark search.

As long as you own all of your content and images, you are not in copyright violation.

However, if they have registered "webhostingplan123" as a trademark, then you could be in violation of the trademark.

reference: http://www.uspto.gov/main/trademarks.htm

regarding domain names, you give this bit a read too:
http://tess2.uspto.gov/tmdb/tmep/1200.htm#_T120903m

If I were you, I'd just politely ask them to send a copy of the trademark registration, and see what happens. BTW, if it turns out they are not trademarked, you might consider doing it yourself.
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Last edited by willcode4beer; 06-11-2009 at 01:42 PM..
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