About trademark

Discussion in 'Legal Issues' started by jakoob, Nov 25, 2009.

0
  1. #1
    I got this message.

    "Dear Sirs,

    IPlease take down CITYDATING - it is our website and a trade mark.

    rgds.
    "

    for my domain newyorkcitydating.org.

    Must I take it down is really citydating a trademark?
     
    jakoob, Nov 25, 2009 IP
  2. Nonny

    Nonny Notable Member

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    #2
    If you do a quick search of US trademarks, you'll find:
    So it does indeed look like there is a registered US trademark.

    If you do a WhoIs search for citydating.co.uk, you find:
    http://webwhois.nic.uk/cgi-bin/whois.cgi?query=citydating.co.uk&WHOIS+Submit.x=0&WHOIS+Submit.y=0
    Note that the same person who has the citydating.co.uk domain and the citydating.com trademark.

    You have a choice:

    - turn the domain over voluntarily
    - hold on to the domain and hope that they don't try to take it away from you

    Honestly, though, it looks like you are violating their trademark and if they wanted to take the domain away from you they probably could.
     
    Nonny, Nov 25, 2009 IP
  3. browntwn

    browntwn Illustrious Member

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    #3
    I am not sure if citydating.com can claim rights to NewYorkCityDating.org.

    First, their mark is not citydating, it is citydating.com. I am not sure if NewYorkCityDating.org would be covered by their mark. I think you have a very good argument that it is not confusing and in the manner you are using it is purely descriptive.

    You have to make a business decision whether you want to fight for the name or not. I would not assume that they have the right to take you name based solely on the fact that they have a registered mark for citydating.com.
     
    browntwn, Nov 25, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    I wouldn't do anything if I owned the domain.

    "Current Status: An office action making FINAL a refusal to register the mark has been mailed."
     
    mjewel, Nov 26, 2009 IP
  5. jakoob

    jakoob Well-Known Member

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    #5
    thanks for the help, I will wait for my attorney to call.
     
    jakoob, Nov 26, 2009 IP
  6. HowaiOut

    HowaiOut Peon

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    #6
    I dont even see why they would ask you to take it down... People now a days are getting greedy..
     
    HowaiOut, Nov 27, 2009 IP
  7. BrassDash

    BrassDash Peon

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    #7
    That is a registered trademark. Take the site down.
     
    BrassDash, Nov 27, 2009 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    It has not been granted a registration and the OP would have grounds to argue his usage is descriptive in any case.
     
    mjewel, Nov 27, 2009 IP
  9. sumeetrajaggarwal

    sumeetrajaggarwal Peon

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    #9
    I dont think he would have to take it down since they have CITYDATING as trademarked while he is using different name and if not misinterpreting their name then i think it would be ok. Or mention in your disclaimer you are not related to them in anyways. As for the domain he wouldnt have to give it off since he bought it so if they win and he has to take the site down then he can park the domain or something like that.

    But still confirm fully.
     
    sumeetrajaggarwal, Nov 28, 2009 IP