Is This a Trademark Violation? - GoFuckYourself.com

Valkyria Studios · 12-23-2008, 04:22 PM

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?

Super Negro · 12-23-2008, 04:24 PM

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?

Voodoo · 12-23-2008, 04:33 PM

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.

notime · 12-23-2008, 04:42 PM

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

LiveDose · 12-23-2008, 04:46 PM

When did you register it? What are you doing with it?

Si · 12-23-2008, 04:52 PM

Thats fucked! if you own that domain you should be able to use it however you want!

baddog · 12-23-2008, 05:02 PM

Quote:

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.

JFK · 12-23-2008, 05:17 PM

Quote:

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

leek · 12-23-2008, 05:43 PM

Quote:

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".

CC · 12-23-2008, 05:48 PM

IMO you are infringing. Give it up.

HomerSimpson · 12-23-2008, 05:54 PM

not even the same thing...
so my guess is that it's not...

baddog · 12-23-2008, 05:55 PM

Quote:

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.

mikesouth · 12-23-2008, 05:56 PM

you are for sure infringing and a trademark does NOT have to be registered to be protected.

gideongallery · 12-23-2008, 05:59 PM

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"

bellybuttonlint · 12-23-2008, 06:47 PM

your using the same style logo.....same font colors.

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

XPays · 12-23-2008, 06:52 PM

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.

Pete-KT · 12-23-2008, 06:53 PM

looks like you copied there colors and everything, I wouldnt wanna be in your shoes for this one.

xxxanax · 12-23-2008, 06:54 PM

You are an asshole. of course it a copyright infringement. Moron!

Juilan · 12-23-2008, 06:54 PM

Quote:

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"

JamesK · 12-23-2008, 06:58 PM

Quote:

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.

Sands · 12-23-2008, 07:00 PM

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.

Domain Diva · 12-23-2008, 07:03 PM

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.

dailyduke · 12-23-2008, 07:06 PM

why even take the risk?

Voodoo · 12-23-2008, 07:08 PM

Quote:

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?

Domain Diva · 12-23-2008, 07:10 PM

Quote:

Originally Posted by Voodoo

How did I know you would show up in this thread?

No idea

leek · 12-23-2008, 07:12 PM

Quote:

Originally Posted by bellybuttonlint

your using the same style logo.....same font colors.

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

Quote:

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.

Voodoo · 12-23-2008, 09:47 PM

Quote:

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?

12-23-2008, 04:22 PM	#1
Valkyria Studios Registered User Join Date: Sep 2008 Location: Denver, CO & Las Vegas, NV Posts: 60	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?

12-23-2008, 04:33 PM	#3
Voodoo ♥ ♦ ♣ ♠ Industry Role: Join Date: Sep 2002 Location: Porn Valley, CA Posts: 10,590	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."

12-23-2008, 04:46 PM	#5
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	When did you register it? What are you doing with it? __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

12-23-2008, 05:54 PM	#11
HomerSimpson Too lazy to set a custom title Industry Role: Join Date: Sep 2005 Location: Springfield Posts: 13,826	not even the same thing... so my guess is that it's not... __________________ Make a bank with Chaturbate - the best selling webcam program Ads that can't be block with AdBlockers !!! /// Best paying popup program (Bitcoin payouts) !!! PHP, MySql, Smarty, CodeIgniter, Laravel, WordPress, NATS... fixing stuff, server migrations & optimizations... My ICQ: 27429884 \| Email:

12-23-2008, 05:56 PM	#13
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	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.

12-23-2008, 04:24 PM	#2
Super Negro So Fucking Banned Join Date: Aug 2006 Posts: 215	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?

12-23-2008, 04:42 PM	#4
notime Confirmed User Industry Role: Join Date: Jun 2003 Location: cyberspace Posts: 8,021	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

12-23-2008, 04:52 PM	#6
Si Such Fun! Industry Role: Join Date: Feb 2008 Posts: 13,900	Thats fucked! if you own that domain you should be able to use it however you want!

12-23-2008, 05:48 PM	#10
CC Confirmed User Join Date: Feb 2001 Posts: 1,690	IMO you are infringing. Give it up.

12-23-2008, 05:59 PM	#14
gideongallery Confirmed User Join Date: Aug 2003 Posts: 7,082	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

12-23-2008, 06:47 PM	#15
bellybuttonlint Confirmed User Join Date: Oct 2006 Posts: 183	your using the same style logo.....same font colors. change the logo, colors, and tell them to go fuck themselves.

12-23-2008, 06:52 PM	#16
XPays Team Player Join Date: May 2004 Location: Inside the most accurately counting and reporting affiliate system in the world at XPays.com Posts: 13,002	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. __________________ InterNext Expo Domain Auction Live Now thru Feb 5 HuntingMoon GFY Domains Marketplace is LIVE XPays always pays! Top Site: * RealJasmine.com * + HotelHeiress® with The Paris Hilton Sex Video Insert the HotelHeiress® HD FEED into your members areas XPin.com Opening for Pin Partners Soonish Mainstream Offers For Emailers and DomainersNONADULT.COM Like Us!

12-23-2008, 06:53 PM	#17
Pete-KT Workin With The Devil Industry Role: Join Date: Oct 2004 Location: West Bloomfield, MI Posts: 51,532	looks like you copied there colors and everything, I wouldnt wanna be in your shoes for this one.

12-23-2008, 06:54 PM	#18
xxxanax Confirmed User Join Date: Aug 2004 Location: es ist nicht Ihr Geschäft Posts: 2,285	You are an asshole. of course it a copyright infringement. Moron! __________________ Ich verkaufe Drogen

12-23-2008, 07:00 PM	#21
Sands Confirmed User Join Date: Feb 2007 Location: 418194907 Posts: 3,134	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.

12-23-2008, 07:03 PM	#22
Domain Diva Too lazy to set a custom title Industry Role: Join Date: Oct 2007 Location: UK/USA/Canada ICQ : 494318698 Email:[email protected] Posts: 10,180	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. __________________ Cams-Tube-Dating Domains Available At Trade Prices ! Domains For Sale ICQ:494318698

12-23-2008, 07:06 PM	#23
dailyduke Confirmed User Join Date: Aug 2002 Location: City of Angels & Sin... Posts: 286	why even take the risk? __________________ WE BUILD WEBSITES