CBS wants to take my domain name (Update: Matter Closed)

[Red Squirrel]

If you do give it up, instead of giving it up, find a random person in China to sell it to, make sure it's someone who is ready to fight a IP case and has the money to do so. Then again the USDOJ can just seize the domain so probably wont do much. Sucks that the root DNS servers are pretty much all hosted in the US.

 

[RossMAN]

Dell threatened to sue me unless I give them http://www.poweredgeforums.com

I should have sent PAB after them

 

[Sho'Nuff]

I registered a domain name {name}.xyz I was notified during registration that the name was trademarked by CBS Interactive and that I could not use the domain name in any capacity that would infringe their trademark.

I am not referring to their show in any way and therefor am not infringing on their trademark. They are saying I am infringing and that I am to give up the domain to them within 7 days.

The domain has nothing at the site except a blank white page while I build the site (which is for my son).

Do I have any recourse?

Have you looked up the goods and/or services that the mark is associated with at the USPTO? The mark may be associated with more than a show.

 

[Sho'Nuff]

You only infringe on someone's trademark if you use the mark in the same business context (or the business context in which it is registered).

If Apple records holds a trademark on the name "apple" in the context of music distribution, then Apple computer does not infringe on the trademark as long as they do not use that mark to sell music.

This is not the standard for trademark infringement in the U.S.

See 15 USC 1114 if you want the real standard. The gist is that trademark infringement is primarily determined by analyzing an allegedly infringing mark against a registered mark and determining whether the allegedly infringing mark is likely to cause confusion, to cause a mistake, or to deceive.

Infringement is more likely when an allegedly infringing mark is used in connection with the same goods and services as a registered mark and the allegedly infringing mark is substantially similar to the registered mark. But use in connection with the same goods is not required for there to be a finding of trademark infringement.

 

[Leros]

IP laws trump every other law and don't require much evidence or a proper court case, you're screwed. Even a murderer would get a better case. Remember that guy called Mike Rowe? He could not make the web site mikerowsoft.com because it sounds the same as Microsoft. He got off fairly easy (no lawsuit) but he did lose the domain. Interestingly it points to microsoft.com now.

MikeRoweSoft is clearly a variant on Microsoft. I wonder if he could have gotten away with a software company named Mike Rowe Software Inc.

 

[Carson Dyle]

Your only recourse: Lawyers (lots of them) and $ (lots of it).

The initial decision will be made by the registrar, who could instantly revoke the registration simply out of fear of litigation from CBS.

You're pretty much SOL. And there's very little chance you will receive any compensation for the domain name. Trademark holders shouldn't be made to register every last trademark on the planet, in every last TLD, just to keep anyone from infringing on those trademarks or squatting on domain names.

 

[TwiceOver]

Yay, I get to keep my property!

 

[HN]

pics of Rachael Pierce?

 

[Red Squirrel]

Yay, I get to keep my property!

Nice! How did you pull that off? Good lawyer?

 

[Chaotic42]

I should have sent PAB after them

Ah the glory days of the forum. :thumbsup:

 

[gorcorps]

It's absolutely awful that a company is even allowed to trademark a name that they didn't even come up with. It's just a standard first name...

I'll bet FX has Louie trademarked too

 

[SKORPI0]

So now CBS claim a website based on a show with a persons name.
Good thing this was resolved since OPs site is not remotely related to the show or characters referenced in it.

 

[twinrider1]

pics of Rachael Pierce?

lol, I was going to ask that too.

OP, I'm just glad you didn't name your child CSI: Miami.

 

[BrunoPuntzJones]

Surprise motherfucka!

 

[Herr Kutz]

Why the hell would you name your kid Dexter?

 

[TwiceOver]

Why the hell would you name your kid Dexter?

Needed a first name starting with a "D" all the good ones are already taken in my family so...

 

[alkemyst]

Why the hell would you name your kid Dexter?

To park a domain?

 

[BoomerD]

Needed a first name starting with a "D" all the good ones are already taken in my family so...

But why the hell would you name your kid, "Dexter?" Do you hate him that much?

 

[TwiceOver]

But why the hell would you name your kid, "Dexter?" Do you hate him that much?

Yes.

 

[Red Squirrel]

Does your kid have a lab in his room?

 

[s0me0nesmind1]

.... "Dexter's favorite show is Dexter"

Allnighte

 

[SlitheryDee]

You named that poor child Dexter?

 

[Printer Bandit]

Dexter will be hearing about Dexter, the serial killer, for the rest of his life.

 

[John Connor]

UPDATE:

I asked the lawyer to provide in writing by certified mail all instances where I have infringed on their trademark and that the site was obtained legally, with good faith, and with knowledge that I could not use the site in any regards to their show. I further explained that it is my son's name and used for family purposes. This is the response:



Yay!

Congrats and that pic is cute.

 

[Skyclad1uhm1]

Give your kid a Dexter halloween costume and put that pic on the main page