OK kind people of the e-gold list :-)
I have a real life scenario for you to chew on and spit out that just arose today and
just happend to fit in perfectly with the
discussion. You can pretend you are the legal team so choose sides now and let's see
the scenarios. I will comment after I hear some
feedback.
The 3M corporation is claiming (by certified email and mail) that a domain we hold in
our trust for a client is in violation of
their trademark. They have also gone as far to send us a form that allows for the
domain to be transferred to them. The domain in
question is called (www.3mservice.com) - (( I changed the domain name to protect the
client.))
This domain is not currently serving any content and is parked with no default page.
================
IMPORTANT
PLEASE USE
OUR
REFERENCE
NUMBER
VIA CERTIFIED MAIL and
ELECTRONIC MAIL[U1] :
RE:
Registration and Use of [U2] "3mservice.com"
Our Ref. No. P3396
Dear Sir/Madam:
We are writing you concerning your registration and use of the domain name(s)
"3mservice.com."
3M Company has used the "3M" trademark and trade name for many years in connection
with a wide variety of products and services. 3M
Company began using the 3M mark and name since at least as early as 1906 and has
continuously used the 3M mark since that time in
connection with its business, and presently offers over 50,000 products and services
in a wide variety of fields under the 3M mark.
3M Company markets its products and services through its website at www.3m.com and
www.mmm.com. 3M Company has over 300 U.S.
trademark registrations for the 3M mark covering its various products and services.
These products and services include, for
example, construction supplies, aftermarket automotive supplies, abrasives products,
adhesive products, fishing equipment, home
cleaning products, electrical products, bonding supplies, surgical supplies, dental
products, computer optical film, telecom
systems, traffic control systems, stationery and office supplies, respirators, optical
products, personal care products, animal care
products, and pharmaceuticals (just to name a few).
3M Company has expended considerable effort and resources to build up goodwill in its
mark and name. As a result, the 3M mark has
become famous and is relied on by consumers around the world to identify 3M Company's
products and services. To ensure that
consumers can rely on its trademarks, 3M Company must actively police uses of its
trademarks on the Internet. Through those
efforts, we have learned that you have registered the domain name(s[U3] )
"3mservice.com." Your actions are likely to result in
confusion and are likely to dilute the distinctive quality of the 3M mark.
U.S. trademark laws prohibit the use of a mark or name if that use is likely to cause
consumer confusion and also prohibit the
dilution of famous marks like the 3M mark. 15 U.S.C. �� 1114, 1125(a), 1125(c). A
number of remedies are available for violation
of U.S. trademark law, including: 1) recovery of defendant's profits, 2) recovery of
damages sustained by the plaintiff (in certain
cases, a plaintiff may recover three times the amount of defendant's profits or
plaintiff's damages), 3) recovery of plaintiff's
costs for the legal action, 4) injunctions to stop defendant's activities, and 5) in
certain cases, recovery of plaintiff's attorney
fees for the legal action. 15 U.S.C. �� 1114, 1116, 1117. Moreover, the federal
Anti-cybersquatting Consumer Protection Act
provides for awards of attorney fees and statutory damages up to $100,000 per domain
name for bad faith registration of domain
names. 15 U.S.C. � 1125(d).
For these reasons, we must insist that you promptly cease any further use of the
domain name(s) and transfer the [U4]
"3mservice.com" domain name(s) to 3M Company by signing the enclosed transfer
agreement (instructions concerning proper completion
of the transfer agreement are set forth in the agreement) and by returning the
agreement to us at your earliest convenience. Please
note that the current registrant's signature on page 1 of the transfer agreement must
be notarized.
Please provide us with your written assurance by [U5] ****** that you will comply with
the terms of this letter. You may indicate
your agreement by signing in the space provided below and returning the original
signed letter to us for our records. By signing
below, you are also agreeing not to use or register any domain names, trademarks or
trade names in the future which include "3M" or
other terms likely to cause confusion or dilute the distinctive quality of the 3M mark
(including but not limited to "3-M,"
"THREEM," "THREE M," "THREE-M," and "MMM," regardless of capitalization, whether
singular or plural, or whether preceded by or
followed by other letters, numbers or symbols).
--------------------------------------------------------------------------------
[U1]Type in domain name in bold.
[U2]Type in domain name in bold & italics.
[U3]Type in domain name in bold.
[U4]Type in domain name in bold.
[U5][insert date that is two weeks from the date of this letter]
COMMENTS ANYONE?
g/
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