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Old 07-26-2009, 09:54 AM Trade mark help
pirates's Avatar
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Please read and let me know what you think i should do.

have this site
www.phphantom.com and on this site i have this page www.phphantom.com/link.html

Now this company from the usa has told me i must remove the words Anonymizer as it says it a infringement on there trademark. But i am from the uk and they are us based company i am not a company so could not cove any big bills so i shall take page down soon but i would love to know if any one on here knows tradmark stuff as i dont know any think.

THANKS VERY MUCH FOR ANY HELP


Here is copy of there letter

Anonymizer, inc a california corporation ( anonymizer holds a service mark registration for the mark anonymizer (the mark) us patent and trade mark office registration no 2,242,437 in international class 35 for removing identifying information from global communication network transactions you provide anonymity and class 38 for providing anonymous transactions of information over global computer networks and computer programming for others Anonymizer owns the exclusive right to use the mark for foregoing goods and services and for goods and services associated there with.
it has come to our attention that you are using the mark in a manner that infringes anonymizers rights in the mark your use of the mark constitutes violation of among other thinks. (1) the lanham trademark act 15 usc section 1051 et seq (2) common law trademark restrictions (3) unfair competition restrictions set forth in lanham act 15 usc section usc 1125 and (4) stat trademark and anti dilution laws.

In light of the foregoing Anonymizer hereby requests that you cease and desist using the mark and or any confusingly similar marks or desciptive words such as anonymize ,anonymizer and anonymizes .
plese take such action as soon as possible in order to minimize any further damages to anonymizer.
Anonymizer has a policy of vigorously defending its exclusive property rights and intends to do so in this situation Anoymizers name mark and copyrights have been and continue to be widely publicized through substantial advertising and product development. Considerable sums have been spent in connection with such advertising and product developments. sales of products and services under anonymizers name Mark and copyrights have been substantial. your continued use of the mark is detrimental to anonymizer best interest and serves as a basis for consumer confusion and damage anonymizer good will.
Anonymizer is assuming that you have mistakenly , and not intentionally, violated it's intellectual property rights. Consequently, Anonymizer is prepared to give you a twenty-one(21) day period to cease and permantly desist unauthorized use of the Mark and/or confusingly similar marks or descriptive words. If you do not agree to do so, your continued use of the ANONYMIZER and/or ANONYMIZE(S0 will constitute willful infringement and will subject you to substantial liability for an award of damages, profits and attorneys fees.
Anonymizer is willing to settle this matter without having to bring an action for injunction relief and damages in federal district court. To do so, however, I must hear from you by August 3, 2009 that you will agree to immediately cease and desist from using Anonymizer, and /or Anonymize(s) in any of your advertising, Inyternet search queries, or otherwise in your business.
If i have not receivedyour response to this letter by August 3, 2009, then Anonymizer(s) in your business operations. Therefore Anonymizer will have no alternative but to pursue all legal options available to it

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Old 07-26-2009, 11:05 AM Re: Trade mark help
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Do the "Evil Nanner" !!!

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Name: Tim Daily
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Nigerian e-mail fraud scammers are outside the jurisdiction of the US, too; doesn't make their activities any less illegal and immoral. But the EU cooperates a lot more with the US when it comes to copyright and trademark infringement, so don't think you're golden. Besides that, do you REALLY want to advertise to your site users, "Hey, I'll use this if I want anyway!"?

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Old 07-26-2009, 02:22 PM Re: Trade mark help
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Quote:
think you're golden
No not at all i am looking in to find out the law on this from the pros as dont want to change the words on there because some told me to but i may have to for a bit till till i get this all sorted.

thanks Tim
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Old 07-26-2009, 05:52 PM Re: Trade mark help
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You need to ask a lawyer.
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Old 07-27-2009, 06:47 PM Re: Trade mark help
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personally I would just change your wording and removed the words anonymizer etc
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