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| | The Legal Needs Network is not currently active and cannot accept new posts | | Please Help! An Australia co. is using my trademark name without my consent for profit! | Views: 349 | | Dec 18, 2006 9:41 pm | | Please Help! An Australia co. is using my trademark name without my consent for profit! | # |
Joel Goslar | | Hi All,
I need help writing a letter and/or advice on how to proceed when a company violates a trademark holders rights.
An Australian company called 'domainactive' is using my trademark name "Telemarketer Protection" in a domain site called www.telemarketerprotection.com, without my consent or permission. They are making money off this site by using it as a domain parking for google ads and now advertise that the site is for sale for $1000.
It is clear to me that they know the name was trademarked because they did not even try to denote the domain name with a trade or service mark.
I am a small business startup and need my trademark name back because I plan to use the name to start another new business. I had used the mark in a prior business that did not do well.
My trademark is not a logo but the actual words "Telemarketer Protection" registered in September 5, 2005 with the USPTO. I also know that Australia is a member of WIPO and according to ICANN I have rights to my trademark exclusively as long as a pay the trademark maintenance fee due which are not even due yet.
What are my options now for getting my name back and can there be possible legal ramifications against the company making money off my trademark name? Thanks and best wishes from me.
Regards,
Joel Goslar
Private Reply to Joel Goslar | | Dec 19, 2006 1:46 am | | re: Please Help! An Australia co. is using my trademark name without my consent for profit! | # |
Michael Deans | | Joel:
It is a little complicated, and you need legal advice, which should be given privately. If you would welcome my advice, please send me an e-mail to mjpdeans@btconnect.co.uk.
I am a British & European Patent & Trademark Attorney, and I have served on the Internet (Domains) Committee of the Internatioinal Trademark Association. However, if you decide to pursue this matter, you will need a US Trademark Attorney.
What I say below is not to be treated as legal advice in your specific circumstances, and is just given for general education and information on this website.
Trademarks are territorial. US rights only allow someone to stop someone else in the US from using the US mark or a confusingly similar mark for the US Goods /Services or others confusingly similar. To stop someone in another country such as Australia, a Registration in that other country would be necessary.
However, when someone obtains and is using a Domain Name in bad faith that is the same as an existing Trademark with a reputation, and has no legitimate interest in that Domain, that amounts to "cybersquatting". There is a Dispute Resolution System for Top Level Domains such as a ".com" run by ICANN called the UDRP. Where cybersquatting can be proven, the Domain may be transferred back to the rightful mark owner.
The owner of a well known US Trademark registration may also be able to bring legal proceedings against the owner of a competing Domain under the Digital Millenium Copyright Act.
Regards
Michael Deans
Private Reply to Michael Deans | | Dec 19, 2006 2:02 am | | re: Please Help! An Australia co. is using my trademark name without my consent for profit! | # | 
Jonathan Zhang | | Joel, if this happened in China, I can surely help you!
Jonathan Zhang
Oriental Horizons Investment & Trade, Inc.
http://www.ohiti.comPrivate Reply to Jonathan Zhang | | Dec 19, 2006 3:59 pm | | re: Please Help! An Australia co. is using my trademark name without my consent for profit! | # | 
Paula Jones | | Hi Joel..
I need to ask, do you live in the US? You might consider getting a membership with Pre-Paid Legal Services, depending on where you live I can help you with that and they can help you from there...they provide low cost legal service for a small monthly fee...In times like this (your situation) you always have access to a attorney. Think about it and email me.
Good Luck, Paula Private Reply to Paula Jones | | Dec 20, 2006 5:09 am | | re: re: Please Help! An Australia co. is using my trademark name without my consent for profit! | # |
Joel Goslar | | Hi Michael,
I tried to e-mail you at the listed e-mail account and it came back to my hotmail account undeliverable.
After phoning around Australia, to get the correct e-mail address of the company that has the name, I composed an e-mail demanding the return of telemarketer protection to me and my company. "Domainactive" co. are cybersquatting, using the domain name for related google ad parking, and have no interest in www.telemarketerprotection.com. They are now trying to sell the domain name for $1000.
I am not sure how to contact you if the e-mail address does not work for me, so if it is ok with you, I decided to cut and paste the letter I was thinking of sending below. Please let me know what you think. Thanks and best wishes.
Dear Sir or Madam,
My name is Joel Goslar, the official trademark holder of Telemarketer Protection ® and you are using my registered USPTO trademark as a domain name www.telemarketerprotection.com without my permission. The site you have made using my trade name Telemarketer Protection ® is disgraceful. Your company, ‘domainactive’ is violating and ruining my trademarks reputation by engaging in cybersquatting, parking Google ads, while trying to sell the domain name for $1000.
Having discussed this with legal counsel the domain www.telemarketerprotection.com clearly fulfills the definition of cybersquatting, which is illegal.
Because you are clearly cybersquatting, and destroying my established trademark name, it would behoove your company to return the domain name telemarketerprotection.com to me immediately before we are forced to consider prompt legal action.
Sincerely,
Joel Goslar
Private Reply to Joel Goslar | | |
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