Should I be going to a forum asking advice?

[shootermcgavin]

I got a cease and assist/comply letter from a law firm today. Basically it said a web domain I own and it's contents violate their trademark. Now I figure I had two options,1. go on an industry forum and ask for advice or 2. tell them to get bent and have a nice day. I picked the later. It's amazing the amount of money that must be wasted to try and police web addresses. I'm sure it won't be the last of those letters I see. Did you know if you have a web address with the term "realtor" you will get the same thing, fortunately for them you pretty much have to join the "realtor" club to sell homes so most likely you will remove to domain just to appease the mob type business running the real estate industry. One of my domains is southernfloridarealtor.com so I'm sure I'll be getting one from them eventually when I build the site, but I'm not a realtor so they can kiss my arse.

I would guess this is similar to copyright type infringement, very hard to police and not worth the time and money to get it done.

 

[MLeeK]

The key is going to be in the fact that you can't trademark a common WORD. The trademark will be on the Realtor logo... I'd certainly get the advice of an attorney, but I'd probably be choosing the get bent option too.

 

[480sparky]

Realtor® IS a registered trademark.

 

[o hey tyler]

Realtor® IS a registered trademark.

lol

 

[Trever1t]

and common words can be trademarked. Well words like Hawg or anything motorcycle related and having any variation of Hog....don't know why but it's copyrighted by HD.

 

[Josh66]

Realtor® IS a registered trademark.

tell them to get bent and have a nice day.

Looks like that plan might backfire on you...

very hard to police and not worth the time and money to get it done.

They found you, so it can't be that hard to police. Who's time and money? Your's or their's? I'm pretty sure "they" have more of both...

Talk to a lawyer, of course, but changing 'realtor' may be the cheaper/easier option...

 

[480sparky]

Jell-O.
Sheetrock.
Kleenex.
Escalator.
Zipper.
Yo-yo.
Kerosene.
Sharpie.
Aspirin.
Butterscotch.
Ski-Doo.
Thermos.
Cellophane.
Q-tip.
Velcro.
Crock pot.
Frisbee.
Linoleum.
Super glue.
Lexan.
Videotape.
Windbreaker.
Touch-Tone.
Kool-aid.
Zodiac.
Dry ice.
Romex.
Dumpster.
Adrenalin.
Realtor.
Jacuzzi.
Matchbox.
Post-it.
Windex.
Popsicle.
Band-aid.



Registered trademarks all.

 

[480sparky]

and common words can be trademarked. Well words like Hawg or anything motorcycle related and having any variation of Hog....don't know why but it's copyrighted by HD.

Hmmm.

 

[shootermcgavin]

Yeah I'm not worried and I'm not wasting money on a lawyer, they can do that. This particular company doesn't even own the main name of their website. It'd be like if Apple sued me for having usedappleipads.com and their website was applecomputers.com. I sell the used equipment on the market and have the site for advertising. They actually sued my uncles company and he just gave in and gave them the site, but he's making millions and is a target for money if they sue me I fold up shop and start working for the man again and will probably make more. It's my second cease and assist letter of the year from an attorney, the joys of owning a business. I just learned not to worry they usually just are trying to be bullies on the playground. I have a feeling it's hard to police and they're going to spend thousands of dollars to get rid of something that really isn't effecting them. The trademark is also the last name of the founder of the company which that alone seems odd... I should trademark John and then basically own all the John's in the world.

 

[480sparky]

Most likely, there's a lawsuit going on somewhere concerning the term Realtor. The owners of the trademark are most likely sending out letters like this just so the can use them to support their case. "Look, Your Honor! See? We are taking an active step in protecting the trademark. We even sent some guy in Florida a C&D letter!"

As one who haunts electrical forums as well, the subject comes up there too. Mainly, use of the term Romex, which is owned by Southwire. They routinely send out C&D letters, or demands that Romex be accompanied by the ® symbol.

 

[Trever1t]

and common words can be trademarked. Well words like Hawg or anything motorcycle related and having any variation of Hog....don't know why but it's copyrighted by HD.

Hmmm.

If in a motorcycle context. A local shop here in San Jose was shut down after years of battle with HD. It was named the Hawg Farm and was a parts salvage company. Lame.