Hello, I have got my blog which is techtickerblog.com. And now in the monrning I received an email from the owner of techticker.com that I was violating his trademarked name (techticker) which cannot be used by anyone else. He has asked me to change the address or he seek legal counsel. My query is that I was previously using a subdomain for my blog ie. blogspot.com which had the URL as techticker.blogspot.com and there is also Mercury News who uses the same name. He did not object to me at that time. And also is it ok if I am using techtickerblog.com domain? Please Help. Thanks in advance.
It is not o.k. to infringe on their trademark by using the techtickerblog.com domain name, as their counsel has made clear. You could (and should) certainly ask if returning to your old techticker.blogspot.com name is o.k. Don't worry about what others might be doing. "But, your honor, someone else does it too" is a bad defense in court unless EVERYONE else is doing it.
1. A search of USPTO.gov (US Patent & Trademark Office) shows nothing under the name techticker or tech ticker as either registered or pending. (yes, I checked both) 2. The domain is parked and for sale and yet makes no mention or shows a ™ or ® next to the name. 3. Request proof that they own the registered tradmark. 4. If the mark is not yet registered, you very well may have the right to register is as the first to use the name in commerce. 5. Add a ™ to you site name. Do it NOW. 6. Wait for a response from the other party proving that have any legal ground to stand on.
Adding the "TM" doesn't really do anything. You still have to show prior use. Putting "TM" next to your site name doesn't do anything to change your position. You are strengthened somewhat by the fact that they haven't registered the trademark, but just because they don't have a Web site up doesn't mean that they can't show prior commercial use. Requesting proof that they own the trademark or can establish prior use would be a good idea, as browntwn notes above.
Do you think any harm comes from adding the â„¢? If not, why advise someone against adding it? If it is worthless as you say, how come every major company (with plenty of quality IP legal advice) use them?
Kunalmg, I think it is worth asking them to provide proof, that is reasonable and would be reasonable to a Judge.
In a normal situation, there is no harm to adding TM to your trademarked, but not registered, properties. My point was that adding TM in this particular instance does nothing to establish any use trademark here.
guys he has served me an ultimatum for not using 'Tech Ticker' name and should be removed within 48 hours. Or else he will seek legal action. Im gonna ask for a proof.
For sure, you may politely ask the owner of techticker.com to show you the proof of trademark or something.
And for sure any judge is going to take one look at your reasonable request and ask the guy why he failed to respond. If I have read the the laws correctly (not a lawyer) some reasonable proof of the the trademark must be provided if requested before a "proper cause of action", suit can be filed. No reputable attorney is going to file this without first sending you a snail mail certified letter else they would be liable to the court for filing a frivolous suit. If you get such a letter respond in the same manner (written, snail mail, certified, very polite, business-like) again asking for proof of trademark status affirming that once "reasonable and satisfactory" proof is provided you will be happy to comply with the request. I bet you never hear from them again after that. Remember I am not a lawyer. I just have been around the track once or twice.
this is what he replied to me "I'm not talking about an official trademark (yet). I'm talking about an implied trademark to the name... I've owned the name much longer than you and I have more rights to it. Regardless, it's up to you whether you want to compete head to head with me with the same name. I will make it clear that you tried purchasing the name and couldn't but decided to use it anyway. Everyone will know you copied the name after they see my techticker.com compared to your techtickerblog.com. When you couldn't buy the domain name, you should have just chosen a different one. Now it's going to be a huge mess... trust me. Just pick a new name that isn't a rip-off of someone else." And I think if its not trademarked I can use the name???
I don't know how much spare time you have on your hands, but surely you must have much more important things to do than debate this guy. Like I said the guy is not only blowing smoke but is also full of hot air. He doesn't have an arm nor leg to stand on - only wishful thinking, which is at the best very flawed and delusional. Good Luck on techtickerblog.com and don't loose any sleep. 142857
Own a name much longer doesn't mean he/she has more right. Even if you choose to compete head to head with him/her, for sure you will be better as long as you don't just park your domain as techticker.com is doing. I own roflmao.info and I won't give a damn to the email if the owner of roflmao.com send me the same email proclaiming he/she has the trademark of "roflmao". It's just pointless. However, to have a name with no one else using is a plus point for branding. Once you have build up a very reputable blog with the name techtickerblog.com, probably techticker.com will be sold at a good price and the owner will earn more out of nothing. The choice is yours.
This is not legal advice just my opinion. Do talk to him, don't reply to anything except legal correspondence. Everything you say or write, including on this forum can be used as evidence. As I suspected, he has shit for rights to the name, so let him waste his money on a lawyer who will tell him as much. As I suggested earlier, you should immediately put a â„¢ next to the name you wish to protect. Stop posting here, in public about this issue. Stop writing him or emailing him. Wait for a legal issue to develop. Contact an IP attorney and get professional advice if the money at stake is worth it. That is what I would do.
Do you still stand by your advice? You pontificated that "this particular instance" it would not help him to have put a TM on as I sugessted. Now, since it is known that neither party has registered the mark, do you still think he should not use a â„¢ to claim the mark and start showing first use?
You don't need a TM to show first use, so I would stand by my original claim and say that it doesn't matter a twit what he does here with or without a TM.
You are entitled to your opinion, I am surprised though. Two parties, neither of whom has registered the mark, and you are actviely advising one party not to put a TM next to the mark they wish to protect. _________ Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks? No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued. source _________