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-   -   Has anyone drafted a letter to ICM putting them on notice not to sell your trademark? (https://gfy.com/showthread.php?t=1028074)

Redrob 06-26-2011 11:16 PM
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.:thumbsup

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 (Post 18242171)
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.:thumbsup

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. :thumbsup

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 (Post 18242865)
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. :2 cents:

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 (Post 18242980)
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 (Post 18243290)
Taking a little longer, but it will be worth it.
let me save you some time..

Pros - nothing

Cons - everything...




'
:1orglaugh





.

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 (Post 18243391)
let me save you some time..

Pros - nothing

Cons - everything...




'
:1orglaugh





.
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 (Post 18243456)
Unlike some people, I like to deal with facts.
how much for 1 fact ?:Oh crap

baddog 06-27-2011 01:09 PM
Quote:
Originally Posted by JFK (Post 18243494)
how much for 1 fact ?:Oh crap
For you, free.

AaronM 06-27-2011 03:14 PM
Quote:
Originally Posted by Redrob (Post 18243473)
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?


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