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Notice of Trademark Infringement - myspaceproxify.com

Discussion in 'Legal Issues' started by Muqadas.Wattoo, Jan 5, 2007.

  1. #1
    Hi Guys,

    I am shocked to see that proxify is also a trakemark. Heard about myspace but never seen any action against myspace resource site owners.

    Ok here's the message i received minutes ago from Proxify.com Admin

    I don't mind closing my website but i paid my programmer to make it cool and for design. Then i paid for a server to host this proxy site and for domain. Is he going to give me back all the money i spent?

    Guys help me out here... He is awaiting my reply ... What should i do furthur?

    Thanks
    SEMrush
     
    Muqadas.Wattoo, Jan 5, 2007 IP
    SEMrush
  2. BILZ

    BILZ Peon

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    #2
    i would get a new domain without the proxify name in it and move the design and hosting over to that domain.

    If you have the money, you could try to battle them in court, but that seems like it would be a waste of money. You may want to consult with an attorney.
     
    BILZ, Jan 5, 2007 IP
    ServerUnion likes this.
  3. browntwn

    browntwn Illustrious Member

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    #3
    Word Mark PROXIFY
    Goods and Services IC 038. US 100 101 104. G & S: providing anonymous transmission and delivery of information over global computer networks. FIRST USE: 20030414. FIRST USE IN COMMERCE: 20030414
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Design Search Code
    Serial Number 78666053
    Filing Date July 8, 2005
    Current Filing Basis 1A
    Original Filing Basis 1A
    Published for Opposition June 13, 2006
    Registration Number 3138482
    Registration Date September 5, 2006
    Owner (REGISTRANT) UpsideOut, Inc. CORPORATION NEW YORK 1333A North Avenue Suite 315 New Rochelle NEW YORK 10804
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE



    When did you register your domain name? It looks like yesterday to me?
    Created: 2007-01-04

    If that is the case then:

    BUY A NEW NAME, CHANGE YOUR GRAPHICS AND MOVE ON.
     
    browntwn, Jan 5, 2007 IP
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  4. T0PS3O

    T0PS3O Feel Good PLC

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    #4
    Why shocked? You can look up any word in a New York second.

    As said above, change domain name + logo and keep proxying.
     
    T0PS3O, Jan 5, 2007 IP
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  5. mubin

    mubin Well-Known Member

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    #5
    yea they are pretty strict, i had proxify in my meta tags got kicked off proxy.org.
     
    mubin, Jan 5, 2007 IP
  6. marketjunction

    marketjunction Well-Known Member

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    #6
    In the business world, you need to do your homework. It's not a playground.

    Give up the domain and move. If you aren't doing business under a corp or LLC, your personal assets (vehicle, bank account, or any property) can be attacked. I don't think an $8 domain is worth it.
     
    marketjunction, Jan 5, 2007 IP
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  7. Colbyt

    Colbyt Notable Member

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    #7
    Dude, Give it up.

    Proxify is certainly a coined term and subject to full protection. You might have a chance fighting myspace. Here, just tuck you head between your legs and kiss your *** goodbye.
     
    Colbyt, Jan 5, 2007 IP
  8. Dave Zan

    Dave Zan Well-Known Member

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    #8
    Amen.

    And no, your programmer has no obligation or responsibility to give your money
    back. You knew what you were doing.

    It's unfortunate you didn't know until now that proxify is a trademark. You just
    learn something new every other day.
     
    Dave Zan, Jan 5, 2007 IP
  9. thetruth

    thetruth Peon

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    #9
    Hmm - You might have a chance fighting myspace.

    I'd think myspace even a bigger threat.

    I've often thought people owning myspace domains are in for future bad news.
     
    thetruth, Jan 13, 2007 IP
  10. hitboy

    hitboy Well-Known Member

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    #10
    im not so sure about this statement myspace is just 2 simple words as proxify is something they made up. "My" and "Space"
     
    hitboy, Jan 14, 2007 IP
  11. thetruth

    thetruth Peon

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    #11
    im not so sure about this statement myspace is just 2 simple words as proxify is something they made up. "My" and "Space".

    Hey, Myspace has rights to assume ownership of any domains infringing. Not only that but to request all income made from infringing domains also. That could provide nice side income to myspace corporation :)
     
    thetruth, Jan 14, 2007 IP
  12. pluto459

    pluto459 Active Member

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    #12
    The cost involved on their end to prosecute you is LARGE. It costs um, what does a stamp and certified mail cost, to scare you with a letter and email.

    Costs 4000.00 to file with WIPO to take your name, so you do the math.

    Now do you blame them? Ive never used or seen there site but I am sure they must have a lock on use and want to keep it.

    Change your name to myspaceproxxify.com and then they cant do anything.

    The correct thing is to give it up, but I've never liked being told what to do like they do. At least they were specific and want the name. Ive seen lot theat won at WIPO and didnt even transfer the name.

    I would take it as a compliment that they feel you are a threat and frame your letter. I still have mine from when McDonalds wanted to know how i got the beanie babies all on the same day.
     
    pluto459, Jan 15, 2007 IP
  13. altaf

    altaf Active Member

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    #13
    can anyone tell me that is there any online service to check trademarks info??
     
    altaf, Jan 15, 2007 IP
  14. pangea

    pangea Guest

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    #14
    pangea, Jan 15, 2007 IP
  15. ServerUnion

    ServerUnion Peon

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    #15
    I have had success getting a new domain and using a 301 redirect to the new domain. This will allow you to keep any backlinks you have generated, while limiting your risk on the original domain. Good luck...
     
    ServerUnion, Jan 15, 2007 IP
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  16. Breakpoint

    Breakpoint Peon

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    #16
    but can you keep the domain name if there is nothing on the site but a redirect?
     
    Breakpoint, Jan 15, 2007 IP
  17. ServerUnion

    ServerUnion Peon

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    #17
    You can give it a try, shouldn't be as much as an issue.
     
    ServerUnion, Jan 15, 2007 IP
  18. Muqadas.Wattoo

    Muqadas.Wattoo Well-Known Member

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    #18
    i agreed to give them my domain and pushed it already. the owner of proxify were replying me everyday and now i am waiting for my domain cost which is only $8.88 but getting no response from him. looks like he is scammer nothing more.
     
    Muqadas.Wattoo, Jan 16, 2007 IP
  19. pluto459

    pluto459 Active Member

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    #19
    You want him to pay you after you transfered it?? You should have told him he can have it after your costs were paid, then he can have it. Oh well live and learn.
     
    pluto459, Jan 16, 2007 IP
  20. Muqadas.Wattoo

    Muqadas.Wattoo Well-Known Member

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    #20
    i thought he is honest :d

    btw i just saw him browsing this forum and what funny thing is: I got his email telling me that payment has been sent :d and it's after many days.
     
    Muqadas.Wattoo, Jan 16, 2007 IP