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  1. #1
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    Hello. I'm new here, but not new to CJ or affiliate marketing. I had a website called Raider Nation Merchandise and Collectibles. I get an email today from someone threatening to sue me. He has a site (raidernation.com) He said that I must remove all "raider nation" type text, and change my title. I did do that, but he still emailed all of my CJ merchants informing them that I was committing trademark fraud. My merchants then emailed me telling me to take off their links! I had no clue that his website even existed! I don't know how many of my merchants that he emailed, but I've already gotten 2 emails telling me to remove their links at once. I've already redesigned my site so "raider nation" doesn't appear on my site. But my question is, does he have this right? Just because two words of the name in his site shows up in my title? I changed it to something new (I get little traffic at this site anyway). I certainly wasn't trying to steal any traffic from him. Thanks

  2. #2
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    That sucks. This guy has a lot of nerve claiming a trademark involving the protected name of an NFL team.

    I don't have any legal advice for you, but if you want to get back at him contact the NFL and the team (the owners of the Raiders name). Let them know that this guy is threatening people for using the Raiders name in their websites and being a real d&*khead about it.

  3. #3
    ABW Ambassador Packy's Avatar
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    I'm not a lawyer either but there is no way in hell I would of done anything that he told you to do. I would also email those merchants and explain to them that the term is widely used by all the newspapers across the country.

  4. #4
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    Or the Raiders of the Lost Arc too...

    If you weren't trying to profit from his site/name, then there is probably little he could really do. I'm surprised merchants wouldn't actually do anything off of one person's unsubstantiated claim.

  5. #5
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    oneofthesedays,

    Welcome!

    I did a TM search:

    RAIDER NATION is a registered TM (76035172)US class 022 (Clothing) and (76195179) US class 042 (the "internet")

    So if your not James Hudson you are seriously SOL!

    Raider Nation will institute legal action against all parties who infringe upon the Raider Nation logo. You could be subject to statutory damages of up to $250,000 and the payment of attorney fees if you are found infringing upon the Raider Nation trademark.

    Email him and (specifically) state you had NO idea it was a TM and willingly give up the domain ASAP!

    Haiko

  6. #6
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    Thanks for the input everyone. I have sent him an email that "raider nation" is no longer visible anywhere on my site. This is such crap. I don't want his traffic. With hundreds of thousands of websites out there its hard to NOT have a title to your site that isn't close to anothers. I think that he is just mad because I rank higher than him on certain keywords [img]/infopop/emoticons/icon_smile.gif[/img]. I suggest to others, make certain that you inspect your title and page heading on all new sites. I want nothing to do with this guys site, but now I'm now explaining I'm spending my time explaining to my CJ merchants the situation.

  7. #7
    ABW Adviser Panel Dynamoo's Avatar
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    Haiko, how did you do the trademark search?

  8. #8
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Dynamoo,

    For a free search go to:
    http://tess.uspto.gov/bin/gate.exe?f...ate=u1d0l8.1.1

    But, and this is a BIG BUT, It is not always accurate and it does NOT include Common Law Trademarks (which can be Even Stronger than regular TMs), so Never Ever do anything TM wise without a proper search done by an attorney.

    Haiko

  9. #9
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    Heck, I don't even have a domain name even close to him. My website is on a geocities account for crying out loud. LOL Since I took off everything that says "raider nation" he'll hopefully chill out. He could of atleast given me 24 hours to correct the situation before sending out threatening emails to all of my merchants. Hell, I only made about 100 dollars off of that site in about 6 months.

  10. #10
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    oneofthesedays,

    He is a TM owner .... he has undeniable and verifiable rights!

    Haiko
    (Posting this as a multiple TM owner)

  11. #11
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    quote:
    Originally posted by Haiko:
    oneofthesedays,

    He is a TM owner .... he has undeniable and verifiable rights!

    Haiko
    (Posting this as a multiple TM owner)




    This is an extremely misleading statement. Merely having registered a trademark does not give you global rights to use a particular name. Trademarks are usually only recognised in the country of issue, and the category of goods in which the trademark has been registered.

    Many trademark owners get overly ambitious about their marks and I suggested people read up about the trademark basics.

    heres a useful link,
    http://www.nolo.com/encyclopedia/tc_...tml#Subtopic71

    Dotty!

  12. #12
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Dotty,

    Welcome!

    quote:
    Trademarks are usually only recognised in the country of issue, and the category of goods in which the trademark has been registered


    Yes! BUT ...

    quote:
    Merely having registered a trademark does not give you global rights to use a particular name


    Ummm this particular TM was filled in the US under class 042 which if you are familiar with is for GLOBAL use on the internet [img]/infopop/emoticons/icon_wink.gif[/img]

    Since both of the respondents would be/ are in the US, I thought it was necessary to "persuade" oneofthesedays to immediately terminate use of the TM, as it is, indeed, actionable!

    I am aware of and know quite a bit about TMs, Common Law Trademarks, WIPO, and Madrid conferences and the limitations of a US TM in other countries ... but that is another discussion entirely.

    Haiko

  13. #13
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    quote:
    Originally posted by Haiko:
    Dotty,

    Welcome!



    Ummm this particular TM was filled in the US under class 042 which if you are familiar with is for GLOBAL use on the internet [img]/infopop/emoticons/icon_wink.gif[/img]



    As you said its a United States trademark, which is not a "global" trademark. Despite what many Americans would like to beleive their laws are not the "law of the Internet".

  14. #14
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    Here's a story.
    My father-in-law is VP of a powertool company (chainsaws, weedwackers...etc) and has their logo, name, and what not trademarked in every country that they sell. He told me that one day they tried to open a business in some South American country and was looking for a distributer. Well, someone found out and trademarked the name before they did. So they have to pay this guy a % if they want to sell there. They are in world court right now disputing the trademark and suing.

    I think there is a lesson here...somewhere.

  15. #15
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    quote:
    I think there is a lesson here...somewhere.



    Yeah, Lawyers will always be able to make a buck and are the winners every time. [img]/infopop/emoticons/icon_biggrin.gif[/img]

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