LEGAL NOTICE from Sales @ Filesonic (NEED HELP)

Xcollection, when did you set this account up? If it was before Filesonic was created you MIGHT have some defense if you have the money to defend it. Since you linked it to their site, it sure looks like it was because of their name.

Suppose you spent 1000's of dollars developing a brand and then someone started using it and using it in a way that even prevented you from using it, would you be happy.

These guys have money, if you force their hand, you're going to loose. You're not going to keep the account. Twitter will disable it. They may ban you forever. It isn't your name to use, give it back man, anything else is just crazy.

That you're on the other side of the world isn't going to enable you to keep this account and it may not stoop them for suing you and if they do, they will get massive damages.

Oh well, I've said all i can, it is insane not to hand it over.

When they say hijacked, they don't mean you stole the twitter account. They are not saying you hacked you're way into it. What you stole, even if you didn't realize it at the time was their name. I suggest you google "damages trademark infringement." You don't want to go down that road!

 

what the fuck can do anyone do legally towards you when you are not living in the USA, nothing, absolute nada

next one please

 

International law

It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis (e.g. the Madrid and CTM systems, see further below), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as "territoriality".
[edit]Territorial application
The inherent limitations of the territorial application of trademark laws have been mitigated by various intellectual property treaties, foremost amongst which is the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. TRIPS establishes legal compatibility between member jurisdictions by requiring the harmonization of applicable laws. For example, Article 15(1) of TRIPS provides a definition for "sign" which is used as or forms part of the definition of "trademark" in the trademark legislation of many jurisdictions around the world.


http://en.wikipedia.org/wiki/Trademark


While reading this I also noticed that if a company threatens to sue you for Trademark infringement and they don't you can sue them. I don't think they are bluffing.

In any case, Twitter will take action.

 

Teleport (xcollection). I'm not trying to defend Filesonic or anything, but seriously, you created this account on this forums for the sole purpose of flaming?
I guess you earned yourself a ban on here too.

Regarding the twitter account, you WILL lose it no matter what you do, you can count on that as long as Filesonic is a registered brand name. Twitter will delete your account when Filesonic take a legal action.

I'm no lawyer , but why risk with something that is totally not worth it? as I said earlier. Don't think you'll keep your twitter account for a second once Filesonic takes a legal action against it.

 

http://support.twitter.com/articles/18311-the-twitter-rules

goodluck

 

I stumbled on this mess I was having a good laugh. Seriously, do people still use Wiki to cite for their legal claim? And trademark lolz... I can edit wiki as well as you guys do, in fact, a newly born baby can edit that piece of information, provided that he can type . Trademark, can I create a affiliate program yesterday and now there's a bastard that already registered my name on facebook, can I sue him?
I'm not yet a lawyer (never intended to take bar exam since it's troublesome, and cost a lot of money)...but I'm already in my LLM, moreover, i'm a international law major, so I can say to the guy starting the thread: you hand it to them or not, it depends on your facts...let the court decides it for you. I don't say anymore, since I will probably be flamed by the angry mob very soon ).

@Filesonic: I don't know if it's your strategy to threaten people like that or it's just your legal department sucks so hard that you can boldly state such thing. No offense, seriously.
Ok, I am preparing a basket to get your tomato & eggs. Feel free to do it guys xD
P/s: how many people in this thread have a Filesonic account? =))

 

^ actually it won't even go to court. Twitter will decide on who it wants to give it to. And I don't think twitter would fight over this and just hand over Filesonic the account - which is pretty clear in their TOS. End of discussion.

 

Hey guys, filesonic is not a trademark. Becides, read tdl1041987's post, If I can sue anyone that uses my name then I'll be millionaire by now

 

i been searching in some government trademark systems (us, uk, hong kong) and couldn't find any filesonic trademark, looks like your legal department is just as fast as your support......good luck with any legal actions.

 

A bunch of idiots posting. Trademarks do not need to be registered anywhere in the US and other countries. You just have to be the first to use, and continue to use, in a particular classification. Common law marks are enforced ALL the time.

 

if you want to go that way then it depence where xcollection lives since not all countries recognizes the Common Law Marks rights, blah blah blah, but realy we are talking about a username for a public service, the only way they can get access to the account is by asking/bullying twitter and not by bullying the OP.

 

Twitter is a US company. ICANN is a US company. It doesn't matter where the OP lives. US trademark law applies. The OP represented himself as a company he didn't own. Not only is it infringement, it's fraud - and they could certainly sue the OP if the wanted. How many of you morons would like it if some idiot went around claiming they owned your website?

 

Man its truly illegal , I can not use Sachin tendulkar's name any where , some time it is very profitable for sachin that i am responsible to spread his name over the world and he like it but when claim his own name and order me not to use that any where i have to obey his order .

Also filesonic need his name on twitter and Facebook . They are asking it to you please give them back their name because other can not be registered with same spellings . If you will not return that they may take any legal action and also they should contact twitter and explain their side .
But in my view it is fair to return their name .

 

Op live in banladesh and twitter in US . Court can order twitter to delete OP's account and Filesonic can register after that .

 

idiot moron, whats your problem, is it that time of the month for you.

unlike what you think, people outside the US don't have to hold to any US laws, if OP doesn't live in the US and filesonic is not a US based business. then trying to tread with legal action is just bullying, they can not make this true.
it would be fun though to see a host having so much illegal copyrighted stuff on their servers, going to court in the US against a username on twitter

 

Wrong again. As previously mentioned, many countries have common law trademarks, including Hong Kong. If you are doing business in the US, you are afforded protection. If I was filesonic, and I didn't have a Registered trademark that was covered under the Madrid Protocol, then I would pay the $300 or so fee to Federally Register the mark in US. The date of first usage, not the application date, would further strengthen their mark. This isn't a case of two people independently using the same name, the OP registered the user name based on the business of another company and then proceeded to fraudulently represent themselves as that business. The OP has no defense unless they were granted express permission, and even if they were, permission can be revoked.

 

You don't understand me or you wish to ignore the fact that twitter is a social network.

http://support.twitter.com/articles/18367

We are only talking about Twitter nothing else
first off all filesonic had no right to contact the user direct, saying they had no right to bully the user with legal actions and stuff.
if they have a issue with this username they had to go through twitter and only twitter. and who knows maybe they did and failed and now trying this fake legal action stuff

since without twitter help they can not even proof that the OP owns that twitter account, this is all empty, there must also be a reason why filesonic never filled a trademark for filesonic since there is also non for sharingmatrix

 

may that is only a scam message )

 

You are the master at failing. Only a moron would think that Twitter governs the legality of fraudulently misrepresenting another company. It doesn't matter where is happened, you can be sued for it. Going through Twitter is only one avenue. They could file suit and get a court order forcing the removal of the account. A court order could also force Twitter to turn over registration information of the account creator - including IP address. So let me get this right, asking for the account to be turned over voluntarily vs. just filing a lawsuit is wrong? Your ramblings are just nonsense and further proof of your ignorance. Now get back to pitching some other similar program affiliate links - perhaps if you had a successful business yourself, you would be better able to see the problem with someone else claiming they own your site - but I suspect you owning anything successful isn't in the cards for you.

 

wow your a sad little 12 year old, calling everybody that doesn't agree with your simple arguments, that they are morons idiots.

insulting me doesn't do anything to me, but lets say they go to court and for some reason they would win and then what, a US court judgment doesn't mean shit outside the US.