Send out a Cease & Desist Letter...?

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  • acctman
    Confirmed User
    • Oct 2003
    • 2840
    #1

    Send out a Cease & Desist Letter...?

    I currently have a pending trademark for one of my domains and I noticed that another site purchased my .net and .org (yeah i know stupid me, forgot to register). Anyway my sites be active and operating long before the .net and .org purchase by the other party and they're pretty much just redirecting to there own competing site... so should I just go ahead and get a lawyer to send out the cease & desist letter or can I do it myself since I have a pending trademark...?

    thanks in advance
    Tags: None
    • Juicy D. Links
      So Fucking Banned
      • Apr 2001
      • 122992
      #2
      redireect to http://www.ratemybutt.com/ right?

        Comment

        • ztik
          Confirmed User
          • Aug 2001
          • 5196
          #3
          You can send a cease and desist yourself
          .

            Comment

            • Calvinguy
              Confirmed User
              • Oct 2002
              • 1752
              #4
              As you said yourself the registration is pending... my guess is that you have no specific right to use a name as of now

                Comment

                • WiredGuy
                  Pounding Googlebot
                  • Aug 2002
                  • 34513
                  #5
                  Once your TM is approved it should be a clear cut case.
                  WG
                  I play with Google.

                    Comment

                    • acctman
                      Confirmed User
                      • Oct 2003
                      • 2840
                      #6
                      Originally posted by Calvinguy
                      As you said yourself the registration is pending... my guess is that you have no specific right to use a name as of now
                      yes and no... a mark unregistered / pending can bare the TM symbol until fully registered R... regard if i had a pending or not, its clear that domain was purchased and used by my company first. I can dispute it was ICANN if it comes to that and win. I myself have been sent a c&d from another company they didn't have a trademark, but was first to use the mark and have proof... in the end icann made me give up the domain.

                      juicy, yes thats the site.

                        Comment

                        • acctman
                          Confirmed User
                          • Oct 2003
                          • 2840
                          #7
                          Originally posted by WiredGuy
                          Once your TM is approved it should be a clear cut case.
                          WG
                          TMs take a long time to become fully approved... nothing i can do now? If not i'll just wait out the 8+ mons, my last TM took almost a year.

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