Legal Letter from AutoTrader.com

Discussion in 'Legal Issues' started by netpox, Jan 22, 2010.

  1. #1
    So i received a legal letter today from AutoTrader telling me to surrender my domain name that has the word TRADER in it. My website is a ford mustang classifieds only site. PONYTRADER.COM I've had it for 8 years now.

    Any lawyers out there that could comment on this?
     
    netpox, Jan 22, 2010 IP
  2. ChrisMiller

    ChrisMiller Prominent Member

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    #2
    Personally I wouldn't just hand it over, without just making them pay for it.
    Its just absurb that someone could own the word 'trader'.
     
    ChrisMiller, Jan 22, 2010 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    If you PM a copy of the letter I will look it over for you.


    I would ignore all "legal" advice from FreeTheNoob. He repeatedly gives out incorrect and potentially damaging legal advice.
     
    browntwn, Jan 22, 2010 IP
  4. ChrisMiller

    ChrisMiller Prominent Member

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    #4
    I wouldn't call my legal advice incorrect, people need to stand up to these assholes that think they own certain words and no-one can use them.
     
    ChrisMiller, Jan 22, 2010 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    Then I suggest you grab your picket and stand in front of the Trademark office and bitch about how wrong trademarks are.

    Trademarks are legal and ignoring them or pretending otherwise is foolish.
     
    browntwn, Jan 22, 2010 IP
  6. FavouritesBlog

    FavouritesBlog Peon

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    #6
    Do you know how many other " trader " domains there are out on the internet? Thousands. How are they going to claim them all back?

    Send a letter back to them saying - " Our domain is for sale, you can purchase it for an amount of which you can offer myself and my staff of my website blahblahtrader.com. Otherwise, we can include a note on every page of our site disclosing " We are not any part of blahblahfaggotorytraderthatwantsothertraderdomains.com "
     
    FavouritesBlog, Jan 22, 2010 IP
  7. browntwn

    browntwn Illustrious Member

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    #7
    If he has a right to use the name, then he does not need to offer them anything even a disclaimer on the bottom. However, if he does not have a right to use the name he needs to determine the best course of action to (1) protect his ongoing business, and (2) try to limit any potential liability for a trademark violation. Without seeing the letter, the mark claimed, and the specific details of this particular case nobody can tell you what course of action you should take.
     
    browntwn, Jan 22, 2010 IP
  8. digital_joe

    digital_joe Peon

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    #8
    have you took your website down? don't do that trader is NOT TRADEMARKED i know this for a fact! my bro's a solicitor and has confirmed this.

    send me the the legal letter received and i let my bro have a look, he'l get it sorted in seconds, (by the way he's a top solicitor in london)

    Regards

    Mr Joe
     
    digital_joe, Jan 22, 2010 IP
  9. digital_joe

    digital_joe Peon

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    #9
    I've just checked with the intellectual property office that trademark names

    there are hundreds of trademark names with "TRADER" in them, IE: tile trader topps, Op trader, sole trader,
    these companys are trademarked,

    there's nothing to worry about, there probably is a way of you sending them a legal notice as TRADER is definatly not trademarked

    Regards
    Mr Joe
     
    digital_joe, Jan 22, 2010 IP
  10. ChrisMiller

    ChrisMiller Prominent Member

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    #10
    I just did a search on "trader" on the US trademark website it founds 1681 Records(s) of something with the word "trader" in it.

    You can do a search on TESS here. http://tess2.uspto.gov/
     
    ChrisMiller, Jan 22, 2010 IP
  11. digital_joe

    digital_joe Peon

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    #11
    Exactly, and i tried the united kingdom!

    Autotrader are just using a scare tactic, because they think they are big!

    Don't be scared of these Pricks! Legal advice before ever doing anything.

    but as i see the OP has already took down his site!




     
    digital_joe, Jan 22, 2010 IP
  12. rockyg

    rockyg Peon

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    #12
    I'm no solicitor, but personally I'd tell them take a running jump. I honestly don't think they have a leg to stand on.
     
    rockyg, Jan 22, 2010 IP
  13. fathom

    fathom Well-Known Member

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    #13
    Free advice isn't worth much... and I'm sure when you get hauled into court they'll help out with legal fees.

    "For Me"... I would wait for the court order - as mentioned they have no legal claim for a single word TRADER... it isn't descriptive enough on its own to denote "vehicles" a Trader could be in money, sheep, or porn gear... and while PONY is descriptive enough (with Trader) to suggest "AUTOTRADER" which they have the rights on... they don't have the rights on PONY so IMHO your domain is safe.

    HOWEVER, large companies are back by teams of attorneys all offering advice (at $500/hour)... and you can be sure they haven't just thrown out a bluff and paid for alot of legal advice without thinking this through.

    The point... with a legal "TEAM" I'm sure you can put on a legitimate case and probably win... but it's your money to preserve your domain - you ABSOLUTELY NEED AN ATTORNEY TO REVIEW so you can get your head wrapped around the COST of your defense.

    PM DP members for donations that believe POWER TO THE LITTLE GUY is a valid legal stance... I'm sure they will open their wallets.

    AUTOTRADER may not have any rights to the domain - but they may just want the domain and force you to waste millions, your home, car, and all your savings to lose it anyway because you can't afford to pay your attorney anymore... and you lose because you didn't show up at the party.
     
    fathom, Jan 23, 2010 IP
  14. fathom

    fathom Well-Known Member

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    #14
    CAVEAT to add here... "using FreeTheNoob's money" correct?
     
    fathom, Jan 23, 2010 IP
  15. FCM

    FCM Well-Known Member

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    #15
    I think you have nothing to worry about. Wait for the court order. A S&D has no legal precedent. I could send you a S&D for being ugly. If they keep persisting sale it to them, don't sell it cheap either get it appraised and sell it to them for X10 the amount if they refuse to pay the judge will see that you gave them the opportunity to remedy the situation but they refused. Also "Trader" isn't a trademark it's "AutoTrader, AutoTrader.com etc..." go to the site linked above and check it out

    Good Luck - I think nothing is going to occur, keep your domain name. Especially if you have had it that long.
     
    FCM, Jan 23, 2010 IP
  16. fathom

    fathom Well-Known Member

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    #16
    While I'm equally in favor of this stance the "especially" should be if the domain has a great revenue stream...

    Risk & Reward are one in the same...

    1. The risk of court action and legal fees will cost you?
    2. Lost revenue (from giving the domain away) over say the next year is, PLUS your incurred investment to date?

    If 2 is greater than 1 - that's the way to bet.
     
    fathom, Jan 23, 2010 IP
  17. matessim

    matessim Active Member

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    #17
    Change the site theme to The trading of pony horses, see what they say then :)
     
    matessim, Jan 23, 2010 IP