They threatened me with this letter, it was shipped to me for $9 through a USPS priority envelope. Seems like a lot of money. Can they really take me to court for something like this? Am I not entitled to freedom of speech? I'm only worrying about this because I turned 18 a week ago. No longer a minor. I found through a web search that they also threatened other website owners. I don't see a thread about it on this forum though. Here are some references: http://tinyurl.com/62z4b8 http://tinyurl.com/5z9836 What's the most they can do, and if this is taken up to court, what can I expect to be fined for? I find this utterly bullcrap.
It depends on what context you are using anonymizer in. My advice unless you want to get in a legal battle over it stop using the name. They don't appear to want to sue you, so just stop using the name and you will be fine. Get a real lawyer if you have any further questions.
Pretty simple. Stop using their trademark on your proxy. You do not have a first Amendment right to use their registered trademark for your commercial venture.
"What's the most they can do, and if this is taken up to court, what can I expect to be fined for?" They can sue you for trademark infringement and get actual plus punitive damages - all earnings your site has generated, the domain, etc. Since it is a Federally Registered Mark, they care entitled to ask for treble their legal fees. You could easily be looking at six figures. Consult an IP attorney if you are going to continue to use their marks.
I believe it refers to text on your website and not the domain name. Just remove/replace the word "Anonymizer" from your website and you they will be satisfied.
I agree with the other posters. This is definately not, as you say "bullcrap". You need to take this seriously. Also, please don't think that because you were under 18 at the time of the infringement that it would preclude you from being liable for trademark infringement. Minority is not a legal defense to trademark infringement. They have every right to protect their mark. You need to stop using their trademark on your website whether it's in your domain name or in the text of your site. Here's an interesting thing though. They can keep you from using the word Anonymizer (since they hold the trademark) and maybe even Anonymizes, but anonymize is a word that's used in Webster's dictionary. If you're using it as it is intended by the dictionary, they'd have a much harder time stopping you. That being said, I'd find a different way to say what you want to say without infringing their trademark. Deena _____________________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
After reading your website, they are in the right. You are in the wrong for calling your site by their trademark. "PaWxy.com Web Anonimizer" Change it to something like, PaWxy.com: Web-Based Anonymity or PaWxy.com: True Web Anonymity. That way you don't get dicked around in court and be out more than you could ever imagine. To run a good site, you don't have to follow the pack. Make up your own word or phrase, especially when the one you try and use is trademarked.
Just use a different word. Misspelling his trademarked term is not good enough if you are looking to put this behind you. Especially since you have already infringed. You can check with them (although I would advise against communicating). Personally, I would just use a totally different word. Heck make up your own like Privicizerâ„¢. It has ZERO results come up in google when searched. Hmm, I wonder how quickly this thread will show for my new term? I will give you permission to use my newly coined term on your proxy.
I agree with Browntwn and Dave Zan. First, changing the word to a misspelling isn't going to help you if they decide to sue you. Find another word. It can't be that hard. Second, offering to sell a site to a trademark holder while you're violating their trademark is just asking for trouble. Deena _______________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.