I need advice about a trademark/URL issue

by astroX

Posted: 14 years ago 15 replies

INTERNET MARKETING

OWNERSHIP
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gotLockerz is totally a fan-based website dedicated only to, but not limited, provide to Users invitations in order to access Lockerz.com membership without breaking any rules or terms of Lockerz according to Lockerz Terms of Service as of May 2010.
We reserve the rights to use words such as: Lockerz, lockerz invitations, lockerz invite, redemption, and prize list on our website. Design, similarity of look, colors, behavior of webpages or any other similarity to Lockerz.com is totally based on Lockerz own design. This is NOT an attempt of plagiarism to Lockerz.com.
We reserve the right to use the same font, which is called Fishmonger, as used for Lockerz logo. This font was designed by Tomáš Brousil and published by Suitcase Type Foundry®. Upon inquiry of either the designer or publisher of Fishmonger, the Website logo will then be changed.

LAWS AND REGULATIONS

At the risk of legal trouble PREVIOUSLY notified by Lockerz, this site, or sections of it, will be removed upon inquiry of Lockerz CEO Kathy Savitt. Any other employee from Lockerz may send to gotLockerz a notification about this matter but gotLockerz will NOT be removed until a physical letter signed by Lockerz CEO Kathy J. Savitt arrives at gotLockerz headquater address [upon warning from Mrs. Savitt via email [my email] , adress will be disclosured] in order to prevent any misunderstanding or error from Lockerz.

Despite of all this, today I was contacted by the CEO of Lockerz ... I'll just show you what she sent me:

I can't help noticing how much your site looks like ours, and uses our name--both of which are copyrighted.

I'm sure that you are just a fan, and are not trying to profit from our work, so I want to give you one chance to take it down on your own.

Although I honestly see her response very calm, I did felt somehow intimidated; especially when knowing Lockerz has taken down many related sites for use of 'copyrighted material'

I edited right away my index file so no one can access my site from the 'main door'. Like I early mentioned, I went through several threads related to this trademark-on-URL issue here on WF, and even though I understand now that adding a trademark on a domain can be very dangerous, I still don't understand how many site can 'get away'.

I'm sure that all or most of you know how Apple Inc. is very delicate when it comes to copyright/trademarks.

Nevertheless, I see there's a site called AppleInsider[dot]com which is related to Apple merchandise and it has 'Apple' in the domain/URL.

another example:

Microsoft

MicrosoftKitchen[dot]com which redirects to MSFTitchen[dot]com

The only reason I could think that they are able to have such domains is because (A) they work(ed) at such companies or (B) they asked for permission [I really doubt from Apple Inc. though]

Now, back to my issue and to the CEO's response:

Am I not allowed to use any logo or name AT ALL even though I made a disclaimer?

From the CEO response, you can clearly see that the reason she's asking me to take down my site is because of fear that I might 'profit from their work'.

To be honest, regardless of the situation, I really think I'm done with my site. It took 4 months of my work to create of what it is now, many time I was frustrated by problems that came up with my site. Sure it is now a 'waste of time' but I did learn so many things from this one site. I think I can take this issue as an excuse to finish with this site.

I just want to read feedback from you guys about my issue so I know what to say to the CEO. [I will take down my site anyways]

Threads I already read:
bit.ly/ 9rCHwY
bit.ly/ bfPs0z
bit.ly/ cKZ3vS

Thanks in advance!
~astroX

#advice #issue #trademark or url

Richard Tunnah 14 years ago

The only person that can give you a definite answer about your site infringing copyright and/ or trademarks is a specialised lawyer. Sorry but that's the bottom line here.

Rich
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petevamp 14 years ago

What it looks like to me is not the domain issue but the fact it states you made your site look almost like theirs. However I would personally contact the ceo back asking them if you changed the look and feel of your site making it target something completely different then their own. Then there should be nothing they could really do about the domain. However you may want to discus it further with a lawyer as stated above.
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- mtkman 14 years ago
  
  I once had a similar issue with a very large US Corporation on copyright infringement and ip.
  I think your biggest problem is that you made your site look like theirs and this is how someone got their brand protection team to take a look and take action.
  You probably would have not been contacted and found out otherwise. Your site needs to look different and you need to have something similar to this YOURSITELOGO *
  * (Somewhere close to logo, can be small, but must be readable) ...is a registered trademark of... . YOURSITE has no affiliation with....
  And then you still need it in your disclaimer, etc, etc.
  That is the only way you might get around or would have gotten around it.
  I believe your biggest mistake was to make your site look like theirs and by doing so misleading their customers.
  And if they do want your domain they can force you to hand it over.
  
  At this point I would reply to the CEO and apologize and say you are fan, did not mean any harm and if you would change your site design and layout and put a big note somewhere telling everyone that you are not affiliated with them, but an independent site if they would let you keep the site up. You will have to send it in for review of course, but maybe you get to keep your site and 4 months of work.
  
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Roy Carter 14 years ago

A lawyers advice is always going to be best in these circumstances but it is probably easier, quicker and cheaper, just to call it a lesson learned and take down the site. Do not ignore an email like this under any circumstances! Reply politely and state that actually yes, you are a fan etc and have now taken down the site.

Sometimes, brand owners will ask you to transfer your domain to them. If they do ask that just do it. That would be my advice for what it's worth. Comply and move on. Life's too short.
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tj 14 years ago

See it as a warning - if you violate their trademark and your design is almost similar to theirs then you're in trouble. Even that you got a message from their CEO should be enough for you to think about it.

As always this is not a legal advise, and you should consult a lawyer specializing in Intellectual Property Law.

Timo
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Tim Franklin 14 years ago

Take it down, but this is not advise, you see no matter how you stack it, rack it, pack it,
if it is confusing to a website visitor visually, you are in violation, it is that simple, here is the one thing that so many people seem to forget, that once you take that step, they the grieved party, can ask for and get, your server logs, compile a report of how much traffic, you got from doing this, and then say of those people we would have made XXXX amount of dollars,

So judge, of what ever venue, we want relief, in the amount of XXXXXXX amount of money, and we want the website taken down, and we want XXXXX amount of money to cover our legal expenses, because we would not have had to do this had this person only listened to us the first time we contact them, and you know what they can get it,

Trust me on this one (this is not legal advise)

Just take it down and move on, because in the end, if it looks like their website, and if it is confusing to a website visitor if they are on your site or the real site, then your stuck, and no matter what, in the end the law is clear, you are in breech the moment you buy it, no matter if you make one dime or not, you can loose a lot more...
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astroX

14 years ago

thanks everyone for all the responses!
Thank God everything ended up very good. I just have one question ... what should I do with this domain?

Thanks
1 reply

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petevamp

14 years ago

Originally Posted by astroX

thanks everyone for all the responses!
Thank God everything ended up very good. I just have one question ... what should I do with this domain?

I think I would just park it. However I would once again consult with both the ceo and an attorney to see if parking the domain is in violation. If the ceo is nice they me even say that they will give you xx amounts of $ to redirect it back to their homepage. However doing nothing but leaving the domain un active and starting over may be your best bet. Just be sure to consult with some one who specializes in this area before you make any decisions. I wish you he best of luck hope you get it all worked out.

Thanks
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Richard Tunnah

14 years ago

Originally Posted by petevamp

I'd say to be very very careful making any income off a trademarked domain. This could be perceived as cyber squatting and lead to you getting sued and/or losing the domain. Your cheapest option is to do nothing with this domain but if you want to use it then check with a lawyer first.

Rich

Thanks

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martin675

14 years ago

Originally Posted by astroX

Hello everyone!

This is my very first post here in WarriorForum.com although I have been constantly watching this site for a long time.

I decided to register because I have followed up several threads that are similar with an issue I have right now and I'd like to create my own thread about my very specific issue.

After a couple of months of learning about the basics of IM, I felt 'ready' to create my own website. The first one [which I started working from April to date] is related to Lockerz.com (online retailer, weekly giveaway provider). My site gotLockerz.com provides proof that Lockerz.com is 'legit' on what they do, I also have a blog where I post about news from this site. I had had no problems since April until today.

Although I'm aware that trademark infringement doesn't require anyone to know anything about IM since it's common sense (or not) I did a 'research' before buying the domain (gotlockez.com). Everywhere I read, I kept reading the same thing, as long as I didn't create confusion to the end user or pretend to own such trademark, I would be OK. (Bad choice not talking to a lawyer or anyone who legally knows what's good and wrong on an issue) I fact, I provided a disclaimer inside my site to state to the user that such site is not is not related to the official site.

Some points I'd like to mention:

1. My site gotLockerz.com DOES resemble to Lockerz.com [it was actually my goal]
2. My site's domain DOES have this company's name ... gotLockerz.com .. I think everyone can see that

Because of the points mentioned above, I created a TERMS page (since the release of my site) which can be accessed from ALL my site's pages through a link in the footer from each page. In the Terms page I stated the following:

Despite of all this, today I was contacted by the CEO of Lockerz ... I'll just show you what she sent me:

Although I honestly see her response very calm, I did felt somehow intimidated; especially when knowing Lockerz has taken down many related sites for use of 'copyrighted material'

I edited right away my index file so no one can access my site from the 'main door'. Like I early mentioned, I went through several threads related to this trademark-on-URL issue here on WF, and even though I understand now that adding a trademark on a domain can be very dangerous, I still don't understand how many site can 'get away'.

I'm sure that all or most of you know how Apple Inc. is very delicate when it comes to copyright/trademarks.

Nevertheless, I see there's a site called AppleInsider[dot]com which is related to Apple merchandise and it has 'Apple' in the domain/URL.

another example:

Microsoft

MicrosoftKitchen[dot]com which redirects to MSFTitchen[dot]com

The only reason I could think that they are able to have such domains is because (A) they work(ed) at such companies or (B) they asked for permission [I really doubt from Apple Inc. though]

Now, back to my issue and to the CEO's response:

Am I not allowed to use any logo or name AT ALL even though I made a disclaimer?

From the CEO response, you can clearly see that the reason she's asking me to take down my site is because of fear that I might 'profit from their work'.

To be honest, regardless of the situation, I really think I'm done with my site. It took 4 months of my work to create of what it is now, many time I was frustrated by problems that came up with my site. Sure it is now a 'waste of time' but I did learn so many things from this one site. I think I can take this issue as an excuse to finish with this site.

I just want to read feedback from you guys about my issue so I know what to say to the CEO. [I will take down my site anyways]

Threads I already read:
bit.ly/ 9rCHwY
bit.ly/ bfPs0z
bit.ly/ cKZ3vS

Thanks in advance!
~astroX

it may be that somebody out there has FOOBAR.COM, .NET, .ORG, etc. It also may be that somebody is using FOOBAR in the context of selling a product or service within a website – even though the URL does not contain the word FOOBAR as either the entire name or as part of the URL. You absolutely need to run a lengthy search.

Thanks

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sbucciarel Banned 14 years ago

You've been asked politely to remove the site by the trademark owner. There's no dispute that they own the trademark and you don't.

You screwed up and it's in your best interest to remove the site entirely ASAP and email the CEO saying that you did. I would delete the domain name from my acct or transfer it to them as well as a show of good faith.
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Sheryl Polomka 14 years ago

You are lucky that you got a polite email asking you to take down the site. I wasn't as fortunate and my first contact from a company was notification of them filing a dispute. It cost me a couple thousand dollars to get the mess cleared up. So be thankful that you got off lightly and remove the site. Either transfer the domain to them or let it expire.
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Michael Oksa

14 years ago

What should you do with the domain?

Give it to the real company.

Heck, they treated you quite nicely, and they seem to think you are a fan.

Perhaps you could work something out and join their team.

Now, that's an idea!

All the best,
Michael

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"Ich bin en fuego!"

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astroX

14 years ago

Originally Posted by Michael Oksa

Indeed, that's a great idea!

@sbucciarel I removed the entire site yesterday and I already let them know that

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activetrader 14 years ago

I am not a lawyer and this is not to be construed as legal advice but I have read almost the entire nimmer on copyright and multiple other books related to the trademark law and the Internet law, and did an extensive research of very similar cases on Lexus and Westlaw, and two of my good friends are IP attorneys, so my opinion is - Take it down.
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I need advice about a trademark/URL issue

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