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Crossfit wants to sue me

Discussion in 'Domain Names' started by jimmyjohn4773, Aug 21, 2008.

  1. #1
    Ok.. I have heard about the domain war and everything.. Like with nissan and what links some companies will go. So anyways I have a domain name that says crossfitnewyork.com I own this and in no way do I have to do anything with there company. They are telling me to hand it over for free otherwise they will sue me because I am using the words cross and fit. They are also telling me that any domain name with the word cross or fit I have to hand over too. I have been to us patent and trademark website and there are other companies register with cross fit like there is something that has to do with cross fit computers that was registered way before they where.. Sooo.. Any advice on what I should do?
     
    jimmyjohn4773, Aug 21, 2008 IP
  2. Dave Zan

    Dave Zan Well-Known Member

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    #2
    Seriously, talk to a lawyer who specializes in these things. And you do risk being
    sued up to $100K per domain if you listen to anyone here telling you to sell it to
    them.

    Just my opinion that you have a slight chance. But again, talk to a lawyer as he
    or she is really the best (and only) person to assess your situation.
     
    Dave Zan, Aug 21, 2008 IP
  3. jimmyjohn4773

    jimmyjohn4773 Peon

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    #3
    yea but i get what your saying but there telling me now that I can't even crossrun.com or crossing.com anything with cross in it.
     
    jimmyjohn4773, Aug 21, 2008 IP
  4. wisdomtool

    wisdomtool Moderator Staff

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    #4
    It depends on the extent of their patent or trademark. Dave has put it very nicely already, talk to your local lawyer.

     
    wisdomtool, Aug 21, 2008 IP
  5. jimmyjohn4773

    jimmyjohn4773 Peon

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    #5
    Here it is right here..

    Word Mark CROSSFIT
    Goods and Services IC 041. US 100 101 107. G & S: Fitness training. FIRST USE: 19850101. FIRST USE IN COMMERCE: 19850101
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 78422177
    Filing Date May 20, 2004
    Current Filing Basis 1A
    Original Filing Basis 1A
    Published for Opposition July 26, 2005
    Registration Number 3007458
    Registration Date October 18, 2005
    Owner (REGISTRANT) CrossFit, Inc. CORPORATION CALIFORNIA 840 Grapevine Lane Prescott ARIZONA 86305
    Attorney of Record Alyson N. Dinsmore
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
     
    jimmyjohn4773, Aug 21, 2008 IP
  6. jimmyjohn4773

    jimmyjohn4773 Peon

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    #6
    here is one for a computer company

    Word Mark CROSSFIT
    Goods and Services IC 009. US 021 023 026 036 038. G & S: COMPUTER E-COMMERCE SOFTWARE FOR FACILITATING COMMERCE, NAMELY, SOFTWARE TO ALLOW USERS TO PERFORM ELECTRONIC BUSINESS TRANSACTIONS, NAMELY, INTERNAL AND EXTERNAL TRANSACTIONS VIA A GLOBAL COMPUTER NETWORK. FIRST USE: 20051007. FIRST USE IN COMMERCE: 20051007

    IC 035. US 100 101 102. G & S: BUSINESS CONSULTING SERVICES FOR FACILITATING COMMERCE OVER THE INTERNET. FIRST USE: 20051007. FIRST USE IN COMMERCE: 20051007
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 76212408
    Filing Date February 20, 2001
    Current Filing Basis 1A
    Original Filing Basis 1B
    Published for Opposition February 11, 2003
    Registration Number 3145792
    Registration Date September 19, 2006
    Owner (REGISTRANT) CrossRoads Ltda. LTD LIAB CO CHILE 555 Nueva Tajamar, Suite 902 World Trade Center Building, Las Condes Santiago 35 CHILE
    Attorney of Record Mark Knedeisen,
    Type of Mark TRADEMARK. SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
     
    jimmyjohn4773, Aug 21, 2008 IP
  7. jimmyjohn4773

    jimmyjohn4773 Peon

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    #7
    tess2.uspto.gov/tmdb/tmep/1200.htm#_T120701

    Also check out this above section code 1207.01 Likelihood of Confusion



    The best way to put it is.. I can open a crossfitamerica inc I will be fine according to there laws as long as I am not doing the same extact thing as crossfit inc and my company isn't crossfit inc. The best way to look at it is.. look up AAA in the us patent book. Also something else that might help is this icann.org/en/udrp/proceedings-list.htm


    But the thing is cross fit is telling me that I can't even use the word cross in a domain name.. Now someone please prove me wrong.


    I am not saying I am expert I am not saying I am going to win everything in life. But what I will say is the court system is 99.9% down to earth about the truth. But I have beaten my own speeding tickets in court, along with other speeding tickets. A total of 3. I am not a lawyer nor have I ever been. But I have always done my research. So someone please prove me wrong, or point out the ends and outs.. I hate companies like this.. The reason why is us small people are always getting bullied and i hate it!
     
    jimmyjohn4773, Aug 21, 2008 IP
  8. chillsector

    chillsector Peon

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    #8
    Whats on the site now? What does the company sell and what do you sell?
     
    chillsector, Aug 21, 2008 IP
  9. Dave Zan

    Dave Zan Well-Known Member

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    #9
    You actually can. Just that your use, especially if commercial, is limited.

    I wish I could tell you more. But the thing is you're in a potentially legal issue,
    and anything you say (or post here in this case) can be used against you.

    I also realize you feel like you're being bullied. Given that CrossFit has a TM on
    the term, though, they and the other party have the unenviable responsibility
    of enforcing and protecting their respective trademarks.

    (And nah, don't needlessly bug yourself over who between the 2 of them gets
    to have the domain name or so. That's for the courts to decide.)

    That's why I suggested talking to a lawyer who specializes in this. Not only is
    s/he better able to help you weigh your risk, but s/he can keep any and all of
    your communications confidential except if maybe it reaches e-discovery.

    I'll say something I haven't said here before (and it's because I'm hesitant to
    do so): you might have a slight chance if you didn't intend to use it to ride on
    a mark holder's goodwill or so, much more prepared to show such. I've seen at
    least 2 who are successful, but they've luckily not reached actual suit.

    At the end of the day, it boils down to whether you're RAW (Ready, Able, and
    Willing) to defend your claims. If the other party proceeds to do so, then it's
    your turn, and the rest will play out.

    And kudos to you for researching on the topic. That's something rarely seen in
    here.
     
    Dave Zan, Aug 22, 2008 IP
    sarahk likes this.
  10. Jnex

    Jnex Member

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    #10
    I think christians would have something to say about that! :confused:
     
    Jnex, Aug 23, 2008 IP
  11. WebsterStar

    WebsterStar Member

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    #11
    Did they register their trademark/copyright only in USA or worldwide? ;)

    If their trademark is for USA only, then I think it's simple to solve by changing your registrant's address for that particular domain name to another country than the trademark/copyright...

    I can be wrong, and then I apologize. But a friend of mine had the same problem with one of his domain names, and he took a lawyer to get informed. The lawyer found out that the copyright wasn't registered in my friend's country, so he could keep his domain name.
     
    WebsterStar, Aug 23, 2008 IP
  12. htmlindex

    htmlindex Notable Member

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    #12
    Talking to your local lawyer might not be the best thing to do as most of them would have no idea about domains. If you're gonna talk to a lawyer, make sure you talk to one that has experience with domains.
     
    htmlindex, Aug 24, 2008 IP
  13. coolcode007

    coolcode007 Active Member

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    #13
    this seems funny to me.. anything with a cross in it..because i dont think word Cross can be trademarked as it is too generic:)

    http://en.wikipedia.org/wiki/CrossFit
     
    coolcode007, Aug 24, 2008 IP
  14. jimmyjohn4773

    jimmyjohn4773 Peon

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    #14
    Thanks for everyones help so far. Yes it seems really funny to me too. Mr assman told me that I would have to give all my domain names over that have the word crossfit, or cross or fit in them. Which I told him to go suck a lemon. So now he said he is going to sue me because I am using the word crossfit, cross, or just the word fit in my domain names. What was really funny was he first wanted to buy my domain names I have the original email, but when I told him at least $2,000 to buy my very very small business out he then wrote back asking them for free and said he was going to sue me. He also threatened me telling me I better watch out too. Whatever that ment.
     
    jimmyjohn4773, Aug 24, 2008 IP
  15. jimmyjohn4773

    jimmyjohn4773 Peon

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    #15
    I have done a ton of research, And anyone can take anyone for court for anything and the most dumbest stuff. Best example is nissan. I have also talked to a few lawyers. They told me if I was them they go as far away as they could from this problem, but what they also told me is according to how the us patent database is setup that is my best proof of all. Crossfit computers was the first one of all. If they allowed cross fit computers then allowed the crossfit work out company second it proves to you that there can be a trademark or people can use the sames words in a different aspect, just like run, go etc.. another great example is AAA. When it comes to trademarks.. well the best way to put it is.. The first one that ever registered the name crossfit was a computer company and they registered globally. It was for some software I have it posted above... And its still live today. Mr lassman stil I don't think realizes that, that you can still use the same name long as its like a different category. Another wonderful example is type AAA into the us patent database. You will see how many things are really registered. When it comes to running a business its more like along the lines of ok I can have crossfit manufacturing, crossfit cookies inc, and I will be 100% fine.. How can I prove this.. because just look up in the database the words crossfit where registered way before he ever tried trade marking the name himself. Look up AAA or just your common words. Mr. Glassman can threaten me my family all he wants. I'm going to talk to another lawyer this week about him making threats to me and my family. I am so tired of people bullying me I have been extremely polite enough about this till now. I hate it more than anything when the big corporations think they can do whatever they want. This the land of the free! If anyone has any suggestions or comments please let me know. I am so upset about this.
     
    jimmyjohn4773, Aug 24, 2008 IP
  16. WebsterStar

    WebsterStar Member

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    #16
    WebsterStar, Aug 24, 2008 IP
  17. jimmyjohn4773

    jimmyjohn4773 Peon

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    #17
    '

    I might buy them myself, and tell the world about the truth. This guy is threaten people who are just related to me. People who have nothing to do with this at all. I am suppose to be having a interview with a news company in the next day here. Wish me luck. This guy is such a piece of scum. Can't get his way so now he said he is going to harm my family.
     
    jimmyjohn4773, Aug 24, 2008 IP
  18. Dave Zan

    Dave Zan Well-Known Member

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    #18
    Which can also be used by the complaining party as proof of "bad faith" that
    you're trying to evade liability. Your friend was probably lucky the other party
    didn't pursue it further, but that doesn't stop others from doing so if it's .com
    especially.

    If what you say is true, then you can use those emails against them. That's a
    common "trick" used by various trademark holders to try to demonstrate bad
    faith on the registrant's part, but it can often be rebut upon showing them.

    And if he really said he's going to "harm your family", then call the police.

    Speaking of which, I just recalled Stevan Lieberman if the OP's in Washington
    based on his WHOIS:

    http://www.aplegal.com/ourattorneys.html
     
    Dave Zan, Aug 24, 2008 IP
  19. cheeky002

    cheeky002 Peon

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    #19
    it is a funny thing. I guess I would check if there is a trademark for the country it resides on. e.g. canada, or us.
    http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng
    http://www.uspto.gov/

    if you are hosting in the country and they have a trademark then I think they have a case. Your arguement that there are other companies that uses the same words might not work because they are probably trying for jurisprudence's. e.g. make u an example. It is also related to the industry u are in and what they are in. if you are in a totally different industry, then u could have a case. check their trade mark statements to see if it is specific to an industry, if it is in a different industry then u have a winning chance. If u decide to go against them. then countersue, with REASON. they have to send u a "letter of demand" , at least, here in canada, and u have to respond with your counter suit. hope this helps....ps. i;m NOT a lawyer, just took a few courses and got them A.

    o yea, here\s a "cross" site/ http://www.cross.com/
     
    cheeky002, Aug 24, 2008 IP
  20. Vonman

    Vonman Peon

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    #20
    He CANNOT sue you because you have cross in your name, but because you have crossfit in your name. If my business's name is RockOn and someone else has business named Rock then I CANNOT sue them for having Rock in the name BUT I CAN sue them if the had the same name ie. RockOn.
     
    Vonman, Aug 24, 2008 IP