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?

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?

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'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

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

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.

Baddog has spoken:thumbsup:thumbsup

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".

IMO you are infringing. Give it up.

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

Well, I did not click the links to see where they went, but first impressions . . . . and probably what Linkedin was thinking too.

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

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"

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

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

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.

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

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

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"

same style logo? wow, I must be blind.

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.

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.

why even take the risk?

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

No idea :1orglaugh

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?