Catching Illegal?

[anthony]

Most Micky Mouse small companies use an ordinary ISP. Most companies will have their details listed with Ripe or Arin if they are using statics.

Well highlighted Lee, I also use Ripe, plus aruljohn.com and robtex.com, plus some additional telecoms related tools. IPv6 will be a boon for some of these sites!

 

[aZooZa]

I've just been through the TM process successfully with the USPTO. In a nutshell:

a) You can claim a TM on anything, and use the TM symbol immediately regardless of any filing.

b) Once you file, the claim is published for opposition. This takes six months. If there's no opposition, you get a NOA (Notice of Allowance). At this stage, you are able to use the (R) symbol instead of the (TM) symbol.

c) Once you get the NOA, you have six months to file a SOU (Statement of Use).

d) Once you're using the mark in commerce, you file your SOU and the mark is safe.

PM me if you'd like me to send you all the details.

Caveat: The above applies to USA trademarks. UK mileage probably varies.

 

[afx]

The guy is a loser and just trying it on. Solicitors don't work for free, if he's so desperate to come back to you with this quackpot scam attempt because he has buyers remorse, you can bank on it he won't be paying a dime to a solicitor.

If he were to pay money to a solicitor, it would be wasted as the claim is groundless (which he knows already).

I know naming and shaming is out of the question here for various reasons and headaches for admin. However, if this happened to me I'd want every established buyer / seller of names on this board to know who he is. There's too many scumbags around with varying nefarious scams and not being semi-outed means they are likely to chalk up one failed scam attempt; play the numbers game and try the same stunt the next name he buys.

I wouldn't even respond to anymore of his emails, not only will this p**s him right off, but more importantly let him know you are in no way intimidated or interested in giving him anymore of your time.

 

[Bailey]

afx, the purchaser appears to be an end-user making a one-off purchase. No excuse but, his knowledge about domains is close to zero and obviously easily influenced. I'd imagine just a well-worded pointer in the right direction is going to bring this event to a close.

 

[WaftyCrank]

Most Micky Mouse small companies use an ordinary ISP. Most companies will have their details listed with Ripe or Arin if they are using statics.

Interesting. Obviously I'm one of those micky mouse small companies you speak of

Do you fancy running me through the benefits of using the companies above and how they help protect your TM's etc?

 

[jimm]

Interesting. Obviously I'm one of those micky mouse small companies you speak of

Do you fancy running me through the benefits of using the companies above and how they help protect your TM's etc?

What Lee is saying is that any IP allocation over a certain size the LIR should update the details with the correct RIR to show who is using that block.
Ripe and Arin are two of the five RIRs and have nothing to to with interlectual property.

If a companies details are in the Ripe db it is then easier to see when they visited your site and hence we are back at the protecting your TM bit...

 

[jasman]

Do companies with an IP block have to list their details with the RIRs? Seems like a disadvantage in terms of anonymity where server logs are concerned, although I can see it makes them appear like a bigger outfit. Do some companies use their ISP's details or whoever they lease the IPs from to keep a degree of privacy?

 

[monaghan]

Why would a reputable company need anonymity?

 

[namealot]

Added to that, the trademark must be defended too. Always retain visit logs, if someone visits your site in 2011, but only chases you in 2015, be in a position to prove he didn't defend his trademark if the stats show he was aware of the domain name.

Can’t see how that works…? I have never heard of a single case that has been defended on a breach stating the trade mark owner visisted the site but did nothing till x years time do you know of any…?

They could even turn it around that you were aware of the trademark etc which is why you were logging there ip ….

 

[anthony]

I have never heard of a single case that has been defended on a breach stating the trade mark owner visisted the site but did nothing till x years time do you know of any…?

I'm not saying there is, the point was to say you should always be ready to defend yourself in any way you can if someone comes after you. In the US, a delay of more than 3 years to police and/or enforce a trademark can be classed as trademark abandonment.

They could even turn it around that you were aware of the trademark etc which is why you were logging there ip ….

Not really, I have complete visit stats for every site I've ever run going back to 1999, it would be the norm in that case, not the exception!

 

[namealot]

I'm not saying there is, the point was to say you should always be ready to defend yourself in any way you can if someone comes after you. In the US, a delay of more than 3 years to police and/or enforce a trademark can be classed as trademark abandonment.
QUOTE]

Abandoment is non use for a variable defind period in commerece, Be carful there because They don’t have to pursue an action against every infringement if they believe it minor inconsequential and you have to prove if its not minor etc they dont.. which can open you up serious trouble should you lose. This is to prevent owners from continually being tied up in litigation for fear of abandonment, cancellation etc …

 

[jasman]

I don't think the server logs issue would hold any water in a TM infringement case. Any company big enough to require an IP block and have its name listed in the IP register would have a number of employees, most of whom would not be in charge of looking for TM infrigements.

So, if in the course of one employee's working day he happened to visit a particular site, amongst thousands of other sites he and his colleagues might visit that year, I don't one could argue legally that the company as a whole became at that point aware of the site and made a proper consideration of whether the site infringed its TMs, and ultimately took the decision to not make a complaint and enforce its TMs. I can't see that standing up in a court, it seems too far fetched.

 

[anthony]

They don’t have to pursue an action against every infringement if they believe it minor inconsequential and you have to prove if its not minor…

That's like asking a defendant to prove they committed a bank robbery rather than nicking the desk pen.

In any event, I'd simply state that my alleged abusive use of their trademark is no different to the time when the trademark owner first became aware of my use x years ago. His lack of pursuance at that time in full knowledge of my use should be deemed as a consideration by him that it was 'minor inconsquential', and the subsequent identical use was with his full knowledge, and therefore consented to.

 

[namealot]

That's like asking a defendant to prove they committed a bank robbery rather than nicking the desk pen.

mad yes but that is the case

In any event, I'd simply state that my alleged abusive use of their trademark is no different to the time when the trademark owner first became aware of my use x years ago. His lack of pursuance at that time in full knowledge of my use should be deemed as a consideration by him that it was 'minor inconsquential', and the subsequent identical use was with his full knowledge, and therefore consented to.

A visit from a company ip does it prove they have knowledge...?

Could easily be independent contractors i.e. office cleaners, maintenance man, sandwich person, decorators, office open, a hacker, viral program, owners of the offices, person visiting from another company, independent auditor, isp testing, if you get past that how do you prove the person visiting your site had the knowledge that there company did not own it…?


How reliable are ip logs in the eyes of the law..? What about software that can mimic or pretend to be from nearly anywhere it wants? Has a panel, judge etc deemed it admissible or relevant for a trademark case ...
It would be lovely to say that there ip visited they did nothing I’m ok

I see flaws and may explain why as far as I’m aware has never been used but if you think you could set a president and successfully win use it …