I check se and found folder lock is high search, so i registry www.folderlock.org and buy a such tool from developer. it 's fine so far, but newsoftwares send me a email tell me "folder lock" is trademark own by them. i thought it is general name. how to do then? they want me transfer domain to them. can I name my tool such as bla bla folder lock? If i claim on my site www.folderlock.org our product is not folder lock of newsoftwares it is neccsary to transfer domain to them? is it legal to registry such trademark of general meaning ? R4oe3
Here is what I got All they demand is legal or reasonable? Your site "Folderlock.org†violates our trademark and infringes the copyright for our product "Folder Lock". Please be advised that - "FOLDER LOCK" trademark, reg. no. 2,831,988 is a US registered trademark (Status: Live). For details, go to http://www.uspto.gov and click Trademark > Search TM Database (TESS) > New User Form Search and then type 'Folder Lock' in the search field. My client Mr. xxxx reserves all rights of this trademark and would like to inform you that you are directly infringing our registered trademark by advertising, hosting and/or authoring the software "Folder Lock" at following URLs mentioned below. http://www.folderlock.org/ "Folderlock.org" is in violation based on the criteria of "confusingly similar" or "likelihood of confusion" according to Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). You are getting this email to be informed about your violation of United States Trademark and Patent laws. Take these steps to avoid a legal suit: 1. Delete / deactivate or rename your software Folder Lock 2. Stop marketing, submitting and/or advertising your product as “Folder Lock†on search engines, website and shareware sites. 4 Change the URL of your website. 3. Change the software name in your PAD XML file (if you use PAD software submission) and upload updated PAD files to above mentioned shareware sites. 4. Notify us of the changes within 5 days. Continued forced usage of this term may result in statuary damage charges of up to 50,000 USD. If we don't get a satisfactory response to this email within 5 days, we may continue with appropriate legal action which may involve federal government and Better Business Bureau services. I declare, under penalty of perjury, that the above is accurate, that I, Mark Neil am a legal advisor to the owner of the trademark FOLDER LOCK and that I am authorized to act on behalf of xxxx.net, Inc.
"If i claim on my site www.folderlock.org our product is not folder lock of newsoftwares it is neccsary to transfer domain to them?" It's still trademark infringement and a disclaimer doesn't change that. "is it legal to registry such trademark of general meaning ?" Of course it is legal - It's already been done. Turn over the domain unless you want to risk being sued.
yes you are right. we all should right to trademark division of government against trademark of such descriptive terms and then shooting mails at every individual like this. this company should be sued. As far I understand, the sole purpose of Trademark is to differentiate a product from the other. Its hard to gulp, that adding folder lock in description is confusing people about your products. Under Trademarks Act 1995, Section 122, which means "Therefore, if a person uses the mark not as a badge or trade origin, but merely for a descriptive or functional purpose, for instance, to describe a characteristic, quality or function of the goods or services in question, there is no trade mark use and therefore no infringement of the registered mark."
What I see from this post is that folderlock.org seems an infringement. 'Folder Lock' is not descriptive because when used in this order "Folder" and then "Lock", it is neither an English word in any English dictionary nor it causes any likelihood of confusion in any other protection software. If the alleged infringer were to use a domain lockfolders, hidefolder, securefolder, then I don't see any problem. However, being a trademark attorney myself, I can confidentally say that the use of folderlock or folder-lock or folder lock, infringes the trademark rights of the complainant. Because the mere word 'Folder Lock' is not a functionality or a feature of any product. On the other hand, Lock Folders, Folder Security or Protect Files can be considered a feature or of a descriptive nature, but the use of these words do not look like a product feature or functionality. Furthermore, naming your product as blah blah Folder Lock won't solve this problem. Can I release a product Blah Blah Microsoft? You must change your product name totally. I is strongly suggested for folderlock.org authors to give away their domain to the complainant as they may file a complaint with ICANN UDRP to resolve this matter and may charge heavy damages and attorney fees. Regards, Steve.
Interesting first post on this forum. Are you connected to or affiliate with Folder Lock in anyway? I think your comments are probably accurate, yet rather odd for a first post on this forum. My suspicion is that you are somehow related to or affiliated with Folder Lock.
LOL yeah I'd tend to agree and I'm not sure how accurate he is, Id consult an attorney if your serious about keeping the domain.