Is This a Trademark Violation?

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  • Valkyria Studios
    Registered User
    • Sep 2008
    • 60
    #1

    Is This a Trademark Violation?

    So I received an email today from the LINKEDIN company (http://www.linkedin.com/)telling me to cease my use of xxxlinked-in.com and my associated logo (http://xxxlinked-in.com/), or they will file legal action against me.

    I have searched the USPTO (United States Patent and Trademark Office) for the trademark "linked-in" and "xxxlinked-in". Nothing is registered under those names. But their trademark "LINKEDIN" is registered (U.S. Trademark Registration No. 3,074,241).

    Does anyone know if my site "XXXLinked-In.com" (and my logo) is sufficiently close to "LINKEDIN" to cause a Trademark violation?
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    Tags: None
    • Super Negro
      So Fucking Banned
      • Aug 2006
      • 215
      #2
      i am sure it is more about the site than anything, you are technically using THEIR name and a system similar to theirs, and trying to make a profit from it

      if I used www.cnn-newsite.com and put news articles on it and made it a news portal, do you think that would be ok?

        Comment

        • Voodoo
          ♥ ♦ ♣ ♠
          • Sep 2002
          • 10600
          #3
          You are infringing.

          Here's an example of Non-Infringing similar names:
          http://www.google.com
          http://www.googleit.com

          Go Ogle It.

          Different.

          LinkedIn is the ™

          Your name is using the mark. Unless you did something like:
          XXXLINK EDucational INformation and use the mark XXXLINK ED-IN

          I would just change your name. Much easier than a court battle.

          "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

            Comment

            • notime
              Confirmed User
              • Jun 2003
              • 8027
              #4
              I'd give them the domain for free IMHO
              I had paypal, ebay, etc. typo domains in the old past, nah, did not work out
              and lawyers cost 500 an hour which a typo domain doesn't make in revenues

                Comment

                • LiveDose
                  Show Yer Tits!
                  • Feb 2002
                  • 25792
                  #5
                  When did you register it? What are you doing with it?

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                    Comment

                    • Si
                      Such Fun!
                      • Feb 2008
                      • 13900
                      #6
                      Thats fucked! if you own that domain you should be able to use it however you want!

                        Comment

                        • baddog
                          So Fucking Banned
                          • Apr 2001
                          • 107089
                          #7
                          Originally posted by mobilefun1987
                          Thats fucked! if you own that domain you should be able to use it however you want!
                          I will be nice this time, since it is Christmas. When dealing with topics you have no clue about you should just read the thread in the hopes of learning something. It is not necessary to speak, especially when all you are doing is showing that you do not have a clue.

                          To the OP: What were you thinking? That you could do an adult version of linkedin and they would not care if you used their name while doing it?

                          Give them the domain.

                            Comment

                            • JFK
                              FUBAR the ORIGINATOR
                              • Jan 2002
                              • 67369
                              #8
                              Originally posted by baddog
                              I will be nice this time, since it is Christmas. When dealing with topics you have no clue about you should just read the thread in the hopes of learning something. It is not necessary to speak, especially when all you are doing is showing that you do not have a clue.

                              To the OP: What were you thinking? That you could do an adult version of linkedin and they would not care if you used their name while doing it?

                              Give them the domain.
                              Baddog has spoken

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                                Comment

                                • leek
                                  Confirmed User
                                  • May 2008
                                  • 342
                                  #9
                                  Originally posted by baddog
                                  To the OP: What were you thinking? That you could do an adult version of linkedin and they would not care if you used their name while doing it?
                                  Not to invalidate your reply... but...Is it? The site in question looks like a "link" directory to me. I see no "adult version of linkedin".

                                    Comment

                                    • CC
                                      Confirmed User
                                      • Feb 2001
                                      • 1690
                                      #10
                                      IMO you are infringing. Give it up.

                                        Comment

                                        • HomerSimpson
                                          Too lazy to set a custom title
                                          • Sep 2005
                                          • 13826
                                          #11
                                          not even the same thing...
                                          so my guess is that it's not...
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                                            Comment

                                            • baddog
                                              So Fucking Banned
                                              • Apr 2001
                                              • 107089
                                              #12
                                              Originally posted by leek
                                              Not to invalidate your reply... but...Is it? The site in question looks like a "link" directory to me. I see no "adult version of linkedin".
                                              Well, I did not click the links to see where they went, but first impressions . . . . and probably what Linkedin was thinking too.

                                                Comment

                                                • mikesouth
                                                  Confirmed User
                                                  • Jun 2003
                                                  • 6340
                                                  #13
                                                  you are for sure infringing and a trademark does NOT have to be registered to be protected.
                                                  Mike South

                                                  It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.

                                                    Comment

                                                    • gideongallery
                                                      Confirmed User
                                                      • Aug 2003
                                                      • 7082
                                                      #14
                                                      what is the scope of the trademark as long as it is outside that scope you should be ok.
                                                      be careful if they take arbitration forum
                                                      that company has a policy of letting arbitrators control the information presented even when it covers up bias or "substantive mistake"

                                                      “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                        Comment

                                                        • bellybuttonlint
                                                          Confirmed User
                                                          • Oct 2006
                                                          • 183
                                                          #15
                                                          your using the same style logo.....same font colors.

                                                          change the logo, colors, and tell them to go fuck themselves.

                                                            Comment

                                                            • XPays
                                                              Team Player
                                                              • May 2004
                                                              • 13002
                                                              #16
                                                              they can afford to wipo/udrp you and ruin your business. might as well stay clear of potential issues and migrate to another name imho.
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                                                                Comment

                                                                • Pete-KT
                                                                  Workin With The Devil
                                                                  • Oct 2004
                                                                  • 51532
                                                                  #17
                                                                  looks like you copied there colors and everything, I wouldnt wanna be in your shoes for this one.

                                                                    Comment

                                                                    • xxxanax
                                                                      Confirmed User
                                                                      • Aug 2004
                                                                      • 2285
                                                                      #18
                                                                      You are an asshole. of course it a copyright infringement. Moron!


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                                                                        Comment

                                                                        • Juilan
                                                                          Sultan of Swing
                                                                          • Feb 2004
                                                                          • 15141
                                                                          #19
                                                                          Originally posted by bellybuttonlint
                                                                          your using the same style logo.....same font colors.

                                                                          change the logo, colors, and tell them to go fuck themselves.
                                                                          Hah like IP lawyers don't know how to use the wayback machine and take screenshots.

                                                                          Sorry buddy but you will loose based on some legal terms known as "confusingly similar" and "Bad Faith Use"
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                                                                            Comment

                                                                            • JamesK
                                                                              hi
                                                                              • Jun 2002
                                                                              • 16731
                                                                              #20
                                                                              Originally posted by bellybuttonlint
                                                                              your using the same style logo.....same font colors.

                                                                              change the logo, colors, and tell them to go fuck themselves.
                                                                              same style logo? wow, I must be blind.
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                                                                                Comment

                                                                                • Sands
                                                                                  Confirmed User
                                                                                  • Feb 2007
                                                                                  • 3134
                                                                                  #21
                                                                                  Look for another suitable domain, one that can't be associated with an existing company or service, and then 301 redirect everything over to it. It's just not worth battling over.

                                                                                    Comment

                                                                                    • Domain Diva
                                                                                      Too lazy to set a custom title
                                                                                      • Oct 2007
                                                                                      • 10180
                                                                                      #22
                                                                                      A vague benchmark already exsists.

                                                                                      In many cases judges will base thier judgement subject to the following rule.

                                                                                      Is it the same product/service and if so more importantly would a consumer think they are both the same company ( the second part is most important).

                                                                                      The main aim of the court is to make sure someone does not benefit from a trademark holder or brand owners rights by way of confusion.

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                                                                                        Comment

                                                                                        • dailyduke
                                                                                          Confirmed User
                                                                                          • Aug 2002
                                                                                          • 286
                                                                                          #23
                                                                                          why even take the risk?
                                                                                          WE BUILD WEBSITES

                                                                                            Comment

                                                                                            • Voodoo
                                                                                              ♥ ♦ ♣ ♠
                                                                                              • Sep 2002
                                                                                              • 10600
                                                                                              #24
                                                                                              Originally posted by XXXTV Claire
                                                                                              A vague benchmark already exsists.

                                                                                              In many cases judges will base thier judgement subject to the following rule.

                                                                                              Is it the same product/service and if so more importantly would a consumer think they are both the same company ( the second part is most important).

                                                                                              The main aim of the court is to make sure someone does not benefit from a trademark holder or brand owners rights by way of confusion.
                                                                                              How did I know you would show up in this thread?

                                                                                              "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                                                Comment

                                                                                                • Domain Diva
                                                                                                  Too lazy to set a custom title
                                                                                                  • Oct 2007
                                                                                                  • 10180
                                                                                                  #25
                                                                                                  Originally posted by Voodoo
                                                                                                  How did I know you would show up in this thread?
                                                                                                  No idea

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                                                                                                    Comment

                                                                                                    • leek
                                                                                                      Confirmed User
                                                                                                      • May 2008
                                                                                                      • 342
                                                                                                      #26
                                                                                                      Originally posted by bellybuttonlint
                                                                                                      your using the same style logo.....same font colors.

                                                                                                      change the logo, colors, and tell them to go fuck themselves.
                                                                                                      Originally posted by XPays
                                                                                                      they can afford to wipo/udrp you and ruin your business. might as well stay clear of potential issues and migrate to another name imho.
                                                                                                      I, too, must be blind. His site looks nothing like LinkedIn.

                                                                                                        Comment

                                                                                                        • Voodoo
                                                                                                          ♥ ♦ ♣ ♠
                                                                                                          • Sep 2002
                                                                                                          • 10600
                                                                                                          #27
                                                                                                          Originally posted by leek
                                                                                                          I, too, must be blind. His site looks nothing like LinkedIn.
                                                                                                          Is it worth thousands or hundreds of thousands or more to test whether it looking like it or not has anything to do with being sued and losing?

                                                                                                          The title of his site is enough to get sued over... It contians "LINKEDIN" as part of the mark.

                                                                                                          Don't you think someone that put up a site called MICROSOFTCORE.COM would get sued if the mark was Microsoft-Core?

                                                                                                          "I'm selflessly supporting the common good, but only coincidentally looking out for No.1."

                                                                                                            Comment

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