Has anyone drafted a letter to ICM putting them on notice not to sell your trademark? - GoFuckYourself.com

Redrob · 06-26-2011, 11:16 PM

If you have a professionally drafted letter by an attorney, would you post a copy here on GFY so other trademark owners can copy the letter and give ICM notice that they will sue if their trademarks are resold as .XXX sTLDs.

Hopefully, you can protect your trademarks.

Nathan · 06-27-2011, 02:53 AM

I'm sure if one of the bigger companies does this, you'll read about it in the news....

V_RocKs · 06-27-2011, 02:57 AM

Fuck ICM...

Barry-xlovecam · 06-27-2011, 03:39 AM

I don't think that you can threaten that — it would amount to an attempt at prior restraint ...

There is "defensive registration" available to trademark holders for a cost of $200.00 I believe (in perpetuity).

The $200.00 may be seen as offensive but there is little else to do when no tortuous action has already occurred. Most likely the registrar would incur no liability in a registrant's act of registering a trademarked name anyway.

Sounds like a "protection racket?" Some might say that ... I would say it is a problem of ethics but then who is surprised by that conclusion?

*not legal advice

Spudstr · 06-27-2011, 05:48 AM

Pretty simple.

wait for someone to register it..

draft c&d
send c&d

if they fail to uphold the c&d then sue them. Just because they are a registrar does not make them immune to the laws.

Redrob · 06-27-2011, 07:14 AM

You may be right about the "prior restraint" which is why I suggested a "professionally drafted letter by an attorney" in order to have completely legal wording.

AaronM · 06-27-2011, 08:16 AM

Quote:

Originally Posted by Redrob

If you have a professionally drafted letter by an attorney, would you post a copy here on GFY so other trademark owners can copy the letter and give ICM notice that they will sue if their trademarks are resold as .XXX sTLDs.

Hopefully, you can protect your trademarks.

So let me get this straight....

You want to infringe on the copyright of the attorney who prepares the letter so you can tell ICM not to allow somebody else to infringe on your trademark.

Genius plan.

Redrob · 06-27-2011, 08:20 AM

That is interesting because I thought that the letter would constitute a "work for hire" and be the property of the letter's owner.

AaronM · 06-27-2011, 08:50 AM

Quote:

Originally Posted by Redrob

That is interesting because I thought that the letter would constitute a "work for hire" and be the property of the letter's owner.

In most cases, you thought wrong.

baddog · 06-27-2011, 09:02 AM

It will take more than a copied letter. FYI: I am currently uploading the video of the Pros and Cons of .XXX Domain Names session at the YNOT Summit. I should have it up on PimpsPromo.com in about an hour.

Redrob · 06-27-2011, 09:08 AM

Thank you, Baddog!

davecummings · 06-27-2011, 09:22 AM

Quote:

Originally Posted by Redrob

Thank you, Baddog!

Yes, thanks!

baddog · 06-27-2011, 11:21 AM

Taking a little longer, but it will be worth it.

marketsmart · 06-27-2011, 12:07 PM

Quote:

Originally Posted by baddog

Taking a little longer, but it will be worth it.

let me save you some time..

Pros - nothing

Cons - everything...

'

.

Allison · 06-27-2011, 12:18 PM

I personally think individual efforts would go a lot further than a copied letter repeated over and over. It's kind of like those templates to submit emails to your senator or congressman. When it says the same thing, it's easier to just delete. However, if individuals make separate arguments it will require them to evaluate each one and do research on each argument.

First thing's first though and ensuring you have trademarked what you believe are your trademarks will help not only on this issue, but many business issues so it's worthwhile to do.

baddog · 06-27-2011, 12:42 PM

Quote:

Originally Posted by marketsmart

let me save you some time..

Pros - nothing

Cons - everything...

'

.

Unlike some people, I like to deal with facts.

Redrob · 06-27-2011, 12:49 PM

If not a letter to be copied; then, how about a list of bullet points to make in your letter so you can be sure that you give proper notice and cover everything necessary?

JFK · 06-27-2011, 01:01 PM

Quote:

Originally Posted by baddog

Unlike some people, I like to deal with facts.

how much for 1 fact ?

baddog · 06-27-2011, 01:09 PM

Quote:

Originally Posted by JFK

how much for 1 fact ?

For you, free.

AaronM · 06-27-2011, 03:14 PM

Quote:

Originally Posted by Redrob

If not a letter to be copied; then, how about a list of bullet points to make in your letter so you can be sure that you give proper notice and cover everything necessary?

I'm curious....

If you're concerned about trademarks you paid to establish, why would you not just pay the small fee for an attorney to properly draft said letter?

Black and white is typically easy to deal with. Why fuck with the gray areas and put yourself at more potential risk? Is saving a few dollars really worth it?

06-26-2011, 11:16 PM	#1
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	Has anyone drafted a letter to ICM putting them on notice not to sell your trademark? If you have a professionally drafted letter by an attorney, would you post a copy here on GFY so other trademark owners can copy the letter and give ICM notice that they will sue if their trademarks are resold as .XXX sTLDs. Hopefully, you can protect your trademarks.

06-27-2011, 02:53 AM	#2
Nathan Confirmed User Industry Role: Join Date: Jul 2003 Posts: 3,108	I'm sure if one of the bigger companies does this, you'll read about it in the news.... __________________ "Think about it a little more and you'll agree with me, because you're smart and I'm right." - Charlie Munger

06-27-2011, 03:39 AM	#4
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	I don't think that you can threaten that — it would amount to an attempt at prior restraint ... There is "defensive registration" available to trademark holders for a cost of $200.00 I believe (in perpetuity). The $200.00 may be seen as offensive but there is little else to do when no tortuous action has already occurred. Most likely the registrar would incur no liability in a registrant's act of registering a trademarked name anyway. Sounds like a "protection racket?" Some might say that ... I would say it is a problem of ethics but then who is surprised by that conclusion? *not legal advice

06-27-2011, 05:48 AM	#5
Spudstr Confirmed User Industry Role: Join Date: Jan 2003 Location: In a Tater Patch Posts: 2,321	Pretty simple. wait for someone to register it.. draft c&d send c&d if they fail to uphold the c&d then sue them. Just because they are a registrar does not make them immune to the laws. __________________ Managed Hosting - Colocation - Network Services Yellow Fiber Networks icq: 19876563

06-27-2011, 12:18 PM	#15
Allison Confirmed User Join Date: Jul 2001 Location: http://www.topbucks.com Posts: 2,068	I personally think individual efforts would go a lot further than a copied letter repeated over and over. It's kind of like those templates to submit emails to your senator or congressman. When it says the same thing, it's easier to just delete. However, if individuals make separate arguments it will require them to evaluate each one and do research on each argument. First thing's first though and ensuring you have trademarked what you believe are your trademarks will help not only on this issue, but many business issues so it's worthwhile to do. __________________ Allison President TopBucks.com\| PinkVisual.com\| [email protected] Follow Me on Twitter: http://www.twitter.com/PV_Alli ICQ: 120353154 Check out PVLocker.com

06-27-2011, 02:57 AM	#3
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,405	Fuck ICM...

06-27-2011, 07:14 AM	#6
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	You may be right about the "prior restraint" which is why I suggested a "professionally drafted letter by an attorney" in order to have completely legal wording.

06-27-2011, 08:20 AM	#8
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	That is interesting because I thought that the letter would constitute a "work for hire" and be the property of the letter's owner.

06-27-2011, 09:02 AM	#10
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	It will take more than a copied letter. FYI: I am currently uploading the video of the Pros and Cons of .XXX Domain Names session at the YNOT Summit. I should have it up on PimpsPromo.com in about an hour.

06-27-2011, 09:08 AM	#11
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	Thank you, Baddog!

06-27-2011, 11:21 AM	#13
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	Taking a little longer, but it will be worth it.

06-27-2011, 12:49 PM	#17
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,790	If not a letter to be copied; then, how about a list of bullet points to make in your letter so you can be sure that you give proper notice and cover everything necessary?