HI I was hoping some could help me. I run a family business that operates in Northern Ireland and purchased the domain name www.easygrassni.com almost 2 years ago. I have recently received notification from a company based in London who have the trademark of easigrass do they have any foundations in their claims that I am infringing on their brand??? I am not in competition with them, the domain was available for me to purchase, it is spelt differently and clearly states ni. It is granted a similar line of business, but we offer a greater range of services. The logos are very different etc etc... its just different Any advice would be helpful. Many thanks
It would appear that they have a very good case for trademark infringement. Adding a couple letter to a mark does not get around infringement and your sites usage is similar. I would consult an intellectual property rights attorney.
easygrassni and easigrass both looks different enough. I think you are in good position to keep your domain. Anyway, ask them for legal documents and proof of their trademarks. Show them you are not afraid and will discuss with your lawyer about this matter (act like you are big company even if you are not)
tough to say on this one as they are fairly similar. I would probably also consult an attorney on this if you are serious about fighting it.
exactly. you don't want to get into legal issues if you are trying to run a real business. unless your service is "easigrass ni", my opinion is it doesn't matter.] edit: sorry, after re-reading your post, I noticed something that could solve the problem. is your website easygrassni.com and their trademark easigrass?
Actually one letter different isn't going to help. The question is whether consumers might confuse the two.
My first recommendation is to ask a moderator to remove this thread completly. The LAST thing you need is to have the plaintiff in this case, using your correspondence against you. Since it's a public website, they can (and most likely will bring it up) should it prove to be in their best interest. Since you have obvious business interests in the domain, and presumably do not want to voluntarily hand it over. One of two things will take place: A) They will do nothing and they were attempting to cource you out of a domain name. B) They will sue you and claim trademark infringment or request a hearing from ICANN. In either case, to get a hearing before the domain authority body or file a suit, it's going to cost them a minimum of $2,000+ dollars. With that said, it's always best to consult with an attorney and fully exam the entirety of the case. Finding a speaking with an attorney that will assist you in the case that it does become a legal matter is going to be paramount to your sucess. The majority of the individuals who respond online have NO legal training, nor understand the complexity of a trademark infringement case. Furthermore, in many cases these situations are not cut and dry. For instance, given the same set of circumstances ICAAN hearings have found that an individual was infringing on a trademark, and in another instance found they were not. Again, this just demonstrates the complexity of these cases. There are many facets to these types of cases; such as when the website was established, how it's being used, the type of trademark filed, ect. With all of that said: A simple trademark search showed that this company maybe attempting to swindle you out of your domain. Their latest USPTO (trademark) filing has been denied. Furthermore, their mark is for Easigrass and not Easygrass. If anything easygrass would have a much better chance of winning a case against you. Details to those records can be found at the USPTO website: filing# 79070953 or through the link below. http://tmportal.uspto.gov/external/...ue&details=&SELECT=US+Serial+No&TEXT=79070953
No it would be called being smart. To my knowledge he has not received a legal hold or notice to preserve evidence.
That does not matter, what matters is the fact that is is known that is could become evidence. I'm a criminal investigator, I'm pretty sure I know what I'm talking about when it comes to evidence.
Trust me I completely understand what you are talking about. I am saying that it may be wise to contact a moderator and request that the thread be deleted . I have seen cases where people post detailed information regarding their particular cases online and become shocked when it's later used against them (it happens all too often). Posting specifics such as the author did, and other have is something you want to avoid. It's up to the topic creator if he feels so inclined.