Help Me Please! Donald Trump has Got after Me! Please Read ***

is this anywhere to be found on the news? im sure if Trump is trying to sue, it would pop up somewhere in the news.

 

It was an auto generated email from his legal team. When I sent them a bashing response, with some plain logic - they dropped the case - because they stood no chance!

And all credit goes to the people here on this thread - who gave me some really cool suggestions. thanks alot

 

What all of you fail to realize is that TRUMP is a generic word.

–noun 1. Cards. a. any playing card of a suit that for the time outranks the other suits, such a card being able to take any card of another suit.
b. Often, trumps. (used with a singular verb) the suit itself.

2. Informal. a fine person; brick.


For example
Animal is a generic word, but Trump cannot capitalize on the word Animal , because it is generic. It has other meanings than what is branded and other intended uses.

Please take this into consideration

 

Have you ever done a trademark search on "Animal"? It can certainly be trademarked (and has). Dictionary words are trademarked all the time. "Trump" is already trademarked. It's the combination of the two words/usage in the OP's domain that was causing the legal issue. The OP has already turned over the domain to the Trump Organization.

 

Guys I have handed over the domain to Trump Org. Turns out they couldn't do anything about it legally so they Paid me an amount I can't disclose here, although it wasn't too high I am happy, it was more than the worth of the site.

And to answer your question, the word animal can be definitely trademarked, however when someone uses it in reference to ANIMALS in general, it falls under the fair use policy - under which he/she cannot be prosecuted - this is what happened in my case.

You can search the ICANN database and you will not find anything referring to the domain is discussion (cashtrump-dot-com). If the company was right in the first place they wouldn't have ever paid me - they would have directly launched a dispute with ICANN, which would have been much for straightforward for them

.

And finally, guys thank you all for your support - its your suggestions which made me take the rights steps and win a small war against a GIANT. Consider this thread closed from my side.

 

good to hear the story had a happy ending, did they invite you for a coffee at trump towers?

 

That's not true. It is often cheaper just to pay someone to give up a domain, even if they would win with a lawsuit or WIPO action. Their cheapest option was a WIPO, which would have cost them at least $5,000 to file with attorney fees. I am sure they paid you far less than that - likely a small fraction.

 

How could they have won the lawsuit? If someone trademarked the word "host" then every web hosting company with "host" in their domain would be getting sued right now.... Just because "Trump" is a trade mark of donald trump and the site wasn't related to making money off of donald trump, then there was nothing illegal or wrong..

 

it is prob fake

 

That's not how trademark law works. "Host" is a lot different than "Cash Trump". If you saw the the domain "host.xxx" would you associate it with a particular hosting company? No. If you saw the name "CashTrump" is it possible some people might think "Donald Trump"?

 

It's not that they couldn't pursue it legally, they just chose to put an end this simple matter out of court.

This thread is filled with pretty much nothing but misinformation. The domain as used by you was definitely in violation of Trump's TM.

They sell financial books. You were using the domain to operate a financial website. They own the word in relation to that topic. This would have been a slam dunk case in court or at WIPO. But again, they chose to just put this behind them and pay you. Not everyone does that.

 

To be honest, if I saw CashTrump without seeing this thread, Donald Trump wouldn't have entered my mind at all.

 

So if there was a site "Cashgates.com" do you think BIll gates should sue it as well? haha

After doing alot of research I found out that I was right in my stance - and I guess they new it too. because there were many time that I told them - Go to hell and sue me ---- and they were always like - its better if we do this out of court n stuff....


The fact is my site had nothing to do with donald trump so it effectively fell under the fair usage policy.


Anyways I am pretty happy with how things ended - atleast financially! I was looking to sell the blog anyways - but i couldn't have get that much......and those who're thinking that the TRUMP group was right in this case NEED TO DISCUSS IT WITH A LAWYER - only then you would know the real scenario!

For now - I am pretty good with how things went.

First of all you are in complete dark light - You know nothing about Internet laws. Consult a lawyer before passing on your layman judgements.

First of all who said that CashTrump.com was a financial site. DID you dream it?

AND ITS A PITTY THAT YOU DON'T EVEN KNOW THAT THE CASE WOULD HAVE GONE TO ICANN URDP NOT WIPO - THIS ITSELF SHOWS YOUR INSIGHT INTO THE MATTER. If they were so sure they could simply launch a URDP complain at ICANN and would have got the domain in 30 days of doing so - INCASE THEY WERE RIGHTS. I made them wait for 90 days - hanging in the air - often abusing them when I felt like.

In fact I always told them - if you dnt agree with my stuff you can go to hell and launch a URDP - they still never did it!

As far as you are blaming me for mis-information who are you to decide - I am the thread creator and I never called you for help - in fact I closed it for any further discussion - if you've lost your job or are too free go and play a flash game.

Your generalized statements have no merit in them . Therefore - keep your flawed knowledge to yourself!

 

You are clueless on trademark law - and it shows. First, WIPO handles UDRP actions (along with NAF) - talk about flawed knowledge and YOUR insight into the matter.

You state you were in the right, Trump had no right to the domain, you weren't happy about selling for what they gave you, yet you folded like a cheap suit for some nominal price.

I've been involved in trademarks for over 15 years. You were right to take a small settlement because you would have lost. It was a win for Trump because of spending $5K to take the domain, they got it for what was likely no more than a couple of hundred dollars or less. They save thousands just to get rid of a small problem. It had nothing to do with whether they could win or not. Not all trademark holders look at this way - some would spend an unlimited amount before paying out a dollar.

 

I'm really wondering how much money have they offered for the domain..

 

While not necessarily authoritative, the link below can give you some ideas how
fair use on trademarks is handled:

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

It's good to see both you and the Trump people were able to resolve it without
having to go to court or so. Maybe they would've sued you, maybe they would
go to UDRP, maybe they would've just left you alone.

Truth is, nobody really knows how this would've turned out. Microsoft originally
sent C&Ds, then they just sued, then they're seemingly doing a combination of
both tactics.

Similarly, the Trump people could've done the same. As mjewel said, there are a
few trademark holders who don't care about costs as long as they are prepared
to demonstrate their point.

You asked for feedback when you started this thread, you got some. Anyone is
certainly free to give an opinion, but...you asked for it.

If you don't like it, well...deal with it.

 

Well I don't ask for it now, unless you are blind you should have seen that I am the thread creator and I have closed the thread. Ethically, you shouldn't have popped in at the first place after the threade has been declared closed.

 

Clueless on the law, and a rude asshole. Nice.

p.s. The thread is open. When it is closed, it will be locked and nobody will be able to add another post.

 

Heh, you should see the recent Facebook thread. It was essentially done, but a
lot of people still posted in it. (some of whom were even nonsense...)

Still, you posted certain things that are essentially wrong and got called out. If
you really consider this closed, then stop posting yourself.

After all, you don't have to react to whoever commented here, right? I don't as
well, but...people here can post whenever they also feel like it as long as this is
still unlocked. (hint)