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-   -   Trademark infringement wtf (https://gfy.com/showthread.php?t=963120)

camchoice 04-12-2010 11:15 AM

Trademark infringement wtf
 
I got this email , claiming trademark infringement because I own camguys.org I checked his trademark registration, which is listed here :

http://tess2.uspto.gov/bin/showfield...10:8139hu.13.1

It clearly states :

Quote:

Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "GUYS" APART FROM THE MARK AS SHOWN
Here is the email :

Quote:

My name is Chris Wescott, I am the Vice President of Z Productions, Inc. which owns www.CamGuys.org We also own the trademark for The Cam Guys (Registration Number 3,736,771)
The website www.CamGuys.org is a direct and intentional infringement upon out trademark and it is putting our trademark name on the internet in a way that we do not approve of or desire. You are also financially benefiting from using our name (a confusingly similar version of it).
I ask that you immediately shut down the website: www.CamGuys.org
We are forwarding this letter to our attorneys (via blind copy) who have been asked to act swiftly if the site is not immediately taken down.
I hope you understand and respect the gravity of this situation and will work to rectify it at once.
Does this guy have any chance ? Besides I am based in Europe, I assume his trademark is just for USA. If I move the shit back to Europe I am okay ? Does anyone have any experience with this ?

Maybe I just put a picture on it of some real nasty gay work, then i am not financially benefiting from it, lol...

Wizzo 04-12-2010 11:18 AM

You might want to talk to a lawyer, but looks like they might have a case on you, unless you bought and established the dot org before they did with the dot com.

DateDoc 04-12-2010 11:19 AM

The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

camchoice 04-12-2010 11:21 AM

Quote:

Originally Posted by DateDoc (Post 17026151)
The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

Thats the strange thing about it, he doesn't own the domain... I do

Sly 04-12-2010 11:25 AM

Quote:

Originally Posted by DateDoc (Post 17026151)
The email makes no sense. He says he owns camguys.org which is your site? How can he own your site?

I read the post three times thinking I was reading it wrong. I noticed the same thing.

lazycash 04-12-2010 11:25 AM

Quote:

Originally Posted by camchoice (Post 17026163)
Thats the strange thing about it, he doesn't own the domain... I do


Before you do anything, email him back and get some clarification as to what he's talking about as you own the domain camguys.org.

DateDoc 04-12-2010 11:25 AM

email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.

lazycash 04-12-2010 11:32 AM

It appears he owns camguys.com , if you go to the site and look at the very bottom you'll see this. "The Cam Guys" is a trademark of CamGuys.com

Agent 488 04-12-2010 11:35 AM

sounds retarded.

woj 04-12-2010 11:38 AM

he is probably bluffing, I wouldn't worry about it till his lawyer contacts you... :2 cents:

camchoice 04-12-2010 11:40 AM

Quote:

Originally Posted by DateDoc (Post 17026181)
email him back and ask him why he says he owns a domain he does not? He probably just made a typo. Also, his TM is for "The Cam Guys" and non CamGuys or "Cam Guys" but if he owns and has owned camguys.com (assuming he made a typo in his email) since 1997 when it was registered that may be a different story. Check archive.org and see what the site was when you began your site.

Yeah I guess he made a typo.... His site was like this in June 2008 :
http://web.archive.org/web/200806081...w.camguys.com/

We own the domain since sept 4 2008 and it never changed content...

ottopottomouse 04-12-2010 11:42 AM

appears to have only been filed last year
Quote:

Thank you for your request. Here are the latest results from the TARR web server.
This page was generated by the TARR system on 2010-04-12 14:37:42 ET

Serial Number: 77757891 Assignment Information Trademark Document Retrieval

Registration Number: 3736771

Mark
The Cam Guys


(words only): THE CAM GUYS

Standard Character claim: Yes

Current Status: Registered.

Date of Status: 2010-01-12

Filing Date: 2009-06-11

Transformed into a National Application: No

Registration Date: 2010-01-12

Register: Principal

Law Office Assigned: LAW OFFICE 105

If you are the applicant or applicant's attorney and have questions about this file, please contact the Trademark Assistance Center at [email protected]

Current Location: 650 -Publication And Issue Section

Date In Location: 2010-01-12

LAST APPLICANT(S)/OWNER(S) OF RECORD
1. Z Productions, Inc.

DBA/AKA/TA/Formerly: DBA Global Internet Corporation
Address:
Z Productions, Inc.
P.O. Box 3732
St. Petersburg, FL 33731
United States
Legal Entity Type: Corporation
State or Country of Incorporation: Florida
Phone Number: 813-404-2606
Fax Number: 208-275-4510

GOODS AND/OR SERVICES
International Class: 041
Class Status: Active
Entertainment services, namely, providing webcasts in the field of male models for viewing purposes
Basis: 1(a)
First Use Date: 2005-11-06
First Use in Commerce Date: 2005-11-06

ADDITIONAL INFORMATION
Disclaimer: "GUYS"

MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)

PROSECUTION HISTORY NOTE: To view any document referenced below, click on the link to "Trademark Document Retrieval" shown near the top of this page.

2010-01-12 - Registered - Principal Register

2009-10-27 - Notice Of Publication E-Mailed

2009-10-27 - Published for opposition

2009-09-24 - Law Office Publication Review Completed

2009-09-24 - Assigned To LIE

2009-09-14 - Approved for Pub - Principal Register (Initial exam)

2009-09-14 - Examiner's Amendment Entered

2009-09-14 - Notification Of Examiners Amendment E-Mailed

2009-09-14 - Examiners amendment e-mailed

2009-09-14 - Examiners Amendment -Written

2009-09-10 - Assigned To Examiner

2009-06-16 - New Application Office Supplied Data Entered In Tram

2009-06-15 - New Application Entered In Tram

ATTORNEY/CORRESPONDENT INFORMATION
Correspondent
Z PRODUCTIONS, INC.
Z PRODUCTIONS, INC.
PO BOX 3732
ST PETERSBURG, FL 33731-3732
Phone Number: 813-404-2606
Fax Number: 208-275-4510

Fat Panda 04-12-2010 11:43 AM

you're fucked

marketsmart 04-12-2010 11:50 AM

I emailed him back for you and told him to go fuck himself and you will see him in court...

Hopefully he will back down....

You're welcome.. :thumbsup





.

Matt 26z 04-12-2010 11:56 AM

If it were to go to WIPO you may lose on grounds that your domain is confusingly similar to his trademark.

His TM is for "The Cam Guys" and one has to wonder if an application for "Cam Guys" was denied. Probably not, but it might be worth checking into.

CamGuys.com May 23, 1997 (he appears to not be the original registrant... think he used his TM to take this domain?)
TheCamGuys.com Nov 06, 2005

Filing date: June 11, 2009
Stated first use in commerce: Nov 06, 2005 (Dec 15, 2005 Archive.org shows an undeveloped page.)

CamGuys.org Sept 04, 2008

Your domain pre-dates his TM. As long as you were using the domain prior to June 11, 2009, I think you are in the clear.

pradaboy 04-12-2010 12:01 PM

Just ignore him, he has no basis for a case. He's just trying to intimidate you.

camchoice 04-12-2010 12:03 PM

I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
We own the domain camguys.org since 2008-09-04

I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...

Matt 26z 04-12-2010 12:04 PM

I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

moeloubani 04-12-2010 12:05 PM

no one sends a blind copy to the lawyer, you want people to see that shit

BlackCrayon 04-12-2010 12:09 PM

probably bullshit. i've had many people email me claiming one of my domains is violating something or other, none ever went to anything legal.

Lilit 04-12-2010 12:09 PM

Quote:

Originally Posted by camchoice (Post 17026319)
I just checked with domaintools, he owns the domain camguys.com since 2009-07-19 , before that some other company owned it (Smiling Zebra LLC)
We own the domain camguys.org since 2008-09-04

I spoke to mojohosting, I am going to change the site to something funny and move it to my dutch servers. He can try to sue me in my own backjard...

For some reason I really doubt it will go that far to court in this particular situation, but I'd do the same as you to feel secure

DateDoc 04-12-2010 12:09 PM

Quote:

Originally Posted by Matt 26z (Post 17026320)
I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

Yes, reply to him and get clarification on the domain name and that you were using yours before he owned his. I would not change the domain's content either.

Matt 26z 04-12-2010 12:11 PM

Quote:

Originally Posted by camchoice (Post 17026319)
he owns the domain camguys.com since 2009-07-19 ,

Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.

brassmonkey 04-12-2010 12:20 PM

jeez thats a mess

camchoice 04-12-2010 12:24 PM

Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.

DateDoc 04-12-2010 12:26 PM

Quote:

Originally Posted by Matt 26z (Post 17026359)
Interesting. His TM filing date was one month earlier. I'll bet he did threaten them into giving up camguys.com.

The TM is for The Cam Guys which is the same as his old domain name.

HomeFry 04-12-2010 12:28 PM

Sell it to him for $50,000.00.

IllTestYourGirls 04-12-2010 12:28 PM

Quote:

Originally Posted by camchoice (Post 17026416)
Oh well, just for the fun of it I changed the site for now http://www.camguys.org/ also I am moving that shit to my dutch servers.

lmao :1orglaugh

camchoice 04-12-2010 12:30 PM

Quote:

Originally Posted by woj (Post 17026232)
he is probably bluffing, I wouldn't worry about it till his lawyer contacts you... :2 cents:

The problem is that he is calling my hosting company, which are based in the US, it seems they can try to sue them for hosting the site..

So ridiculous

DateDoc 04-12-2010 12:32 PM

Quote:

Originally Posted by camchoice (Post 17026442)
The problem is that he is calling my hosting company, which are based in the US

Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.

camchoice 04-12-2010 12:35 PM

Quote:

Originally Posted by Matt 26z (Post 17026320)
I wouldn't ignore him. I would respond back including something to the effect of "My use of the domain in commerce pre-dates your TM."

Done... thanks for that

camchoice 04-12-2010 12:38 PM

Quote:

Originally Posted by DateDoc (Post 17026450)
Then tell him to fuck off. The way you are handling this is making you look guilty of what he is accusing you of even though you are not. Take a stand for what is yours.

I'm taking a stand, I am not taking the site down just because someone threatens me.. No harm is done until I receive an official notification of his lawyer...

camchoice 04-12-2010 12:42 PM

Quote:

Originally Posted by HomeFry (Post 17026434)
Sell it to him for $50,000.00.

Maybe I should ask the same as the guy from camgirls.com :thumbsup
Considering that, price went up to 10k

camchoice 04-12-2010 12:44 PM

Quote:

Originally Posted by marketsmart (Post 17026267)
I emailed him back for you and told him to go fuck himself and you will see him in court...

Hopefully he will back down....

You're welcome.. :thumbsup
.

Thanks for that, I couldn't do that. Mom told me not to curse :thumbsup

borked 04-12-2010 03:16 PM

Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

Why didn't he just have his lawyer send out the letter and save all the guess-work?

Pics Traffic 04-12-2010 03:21 PM

This is interesting. Keep us posted how this goes. For not, it looks like your site is down.

gideongallery 04-12-2010 05:33 PM

hit me up if you get pushed to domain arbitration

spazlabz 04-12-2010 05:41 PM

Quote:

Originally Posted by borked (Post 17027002)
Why did he bcc his lawyer in the orig email? Just in case he didn't but wanted you to think he did?

Why didn't he just have his lawyer send out the letter and save all the guess-work?

I would think that if you had;

1) a ligitimate claim
and
2) a Lawyer

why involve yourself in it? set your legal attack dogs on him and let them chew. sounds like he is trying to BS and bully to me


spaz

HandballJim 04-12-2010 05:50 PM

Quote:

Originally Posted by moeloubani (Post 17026333)
no one sends a blind copy to the lawyer, you want people to see that shit

I agree, usually a lawyer will send the email and also send a copy via post office. It sucks having trademark problems, but sometimes they are worth disputing. Not sure if a .org is worth the trouble.

DBS.US 04-12-2010 05:54 PM

We are forwarding this letter to our attorneys
If he was serious the letter would be from his attorney.


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