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  1. #1
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    I have the domain carbiz.us. Carbiz.com, a software company that sells it's products to car dealers, said I was in violation of copyright laws. Is this so, being such a far reaching domain name that could apply to anything in the car buisness industry. I had to change the name of my site to carbot.net in order to get them off my back. What can I do? Can I still sell the name to someone without getting in trouble? Thanks for any suggestions.<IMG src=http://www.abestweb.com/ubb/icons/icon7.gif>

  2. #2
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    Why not email them and advise them to ask their mummy for a hug if they feel so threatened. Or you could just tell them to go **** themselves. Maybe they should have registered the domain if they didnt want anyone else to have it.

    How much do you want for it? I may buy it off you just to taunt them.

  3. #3
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    Haiko would know for sure, but I don't think they had a legal claim against you in the first place because you are not selling the same class/type of product as they are (that is unless you're also selling software for car dealers).

    Breeze is going thru something similar - read what Haiko says about it in this thread:
    http://www.abestweb.com/cgi-bin/ubb/u ltimatebb.cgi?ubb=get_topic&f=1&t=001219

    [ 07-03-2002: Message edited by: eaglefire ]

  4. #4
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    They may have a claim against you.

    First thing you want to do is verify their trademark claim.
    http://www.uspto.gov http://tess.uspto.gov/bin/gate.exe?f...ate=pd1btl.1.1

    If they do have a registered trademark, you are not sunk yet. All trademarks are in certain catagories. You need to see what catagory theirs is registered for. If it's anything like your site, yes, you are in a difficult situation. However, trademarks are not "global" meaning every catagory.


    Just checked for you, and yes, they are registered. So if you are w/in the car automobile software world, ask for your $35 and agree to transfer.

    You can fight if you want, and it'll cost them at least $950 to take it to a single panel arbitration, but you'll lose. Or they can take it to fed. court, and they will ask for attornies fees. Which can easily be thousands of dollars.

    is this "fair?" Not in my opinion. It defeats the purpose of different TLDs. what good is having .info, biz, us, etc if carbiz.com can lay claim to all of them?

    but I'm not the judge, so you are better off letting it go.

    Just my "non-lawyer," but considerably experienced opinion.

  5. #5
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    Oh, I just thought of one other avenue, but I doubt you'll like it much.

    But you can challenge their TM with the USPTO. You can allege that the term "carbiz" is simply descriptive and not unique. You do have a little ammunition to go with, and that's the .biz TLD just recently approved. You cannot TM a common word. You can argue that biz is a common slang now and carbiz is not unique enough to qualify for TM protection and that the USPTO was wrong to grant it in the first place.

    Note: cash in the kids college fund, sell grandma's house and get used to peanut butter and jelly sandwiches, cause it'll cost you big bucks to fight it.

    But in the interest of being thorough, and just in case someone else is in a similiar boat, it's an option for your consideration.

    :cool:

  6. #6
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    AffJus

    I like your show of help. I visited your site and feel you might want to read a post provided there. I'm about to go add to that another problem you'll have.

    See you in your forum

  7. #7
    Eternal Optimist Look4's Avatar
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    Hypothetical Question:
    Would this have been a problem if it were a .biz or .info domain that had gone through the sunrise process?
    i.e. If the trademark owner did not take the effort to register their trademark.biz during sunrise, and then someone else registered it during the post sunrise landrush, would the trademark owner still ahve a claim against it?

    [ 08-16-2002: Message edited by: Tom Campbell ]

  8. #8
    ABW Veteran Student Heyder's Avatar
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    Tom,

    From what I understand one of the reasons we have trademark laws is so that you don't have to go out and buy up every single conceivable variation of your "protected" trademark.

  9. #9
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Heyder:
    Tom,

    From what I understand one of the reasons we have trademark laws is so that you don't have to go out and buy up every single conceivable variation of your "protected" trademark.
    <HR></BLOCKQUOTE>


    Exactly! Sooner or later they [the TM owner] will issue a Cease and desist ... why bother?

    Hia nad welcome to ABW Tom!<IMG src=http://www.abestweb.com/smilies/welcome.gif>

    Haiko

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