Page 1 of 2 12 LastLast
Results 1 to 25 of 33
  1. #1
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    I got this certified letter in the mail yesterday. I have been promoting snagit.net as a search engine for some time now. The name has been our for over 2 years. Now TechSmith, (Owners of snagit.com) say i am infringing on their trademark.

    Copy of letter goes like this:

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>It has recently been brought to our clients attention that your business has been using the name "SNAGIT" and the domain name SNAGIT.net in connection with computer software, namely, a "keyword search engine" no earlier than 3/29/00. Please be advised that TechSmith Co. has used, and continuously registered their registered mark "SNAGIT" in connection with the public distribution of computer software, namely a screen capture utility since 2/19/91, reg # 2,104,800. Therefore, Techsmith Co. has established it's prior use and it's exclusive nationwide right to use it's famous trademark "SNAGIT" in connection with the distribution of computer software.

    The malarkey goes on and on until ending like this:

    Immediatly cease and desist any and all use of the name SNAGIT & SNAGIT.net and any derivation of the same.

    We look forward to receiving your reply by 6/21/02 indicating the steps your business will take to comply with our demands in order to resolve this matter amicably.<HR></BLOCKQUOTE>

    Computer software???? What the heck are they talking about? Do they mean that since people can type into my searchbox, any word in the dictionary, I am selling software with my site?

    Please, I mean really! I may have been born on a friday but it wasn't last friday!

    Resolve this matter amicably?

    Does this mean they are willing to pay my asking price for my name?

    :confused: Help, I need guidance! <IMG src=http://www.abestweb.com/ubb/icons/icon9.gif>

  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    Breeze,

    The way TMs work are as follows:

    You can (R) the name snagit in a fishing lure because it is a different class of service (fishing lures) but ... they are claiming that you are offering your SE in the competing computer class when in actuality you are offering it in the internet class. They are defending their TM by way of saying that snagit.net could be misunderstood to be the same as snagit.net.

    Get it?

    All you have to do is answer them via certified return recipt, that you are offering your services on snagit.net under the internet class (42) and not under the computer class, so their claim of infringement is unfounded.

    BTW - "Does this mean they are willing to pay my asking price for my name?"

    Cybersquatting laws could hold you liable for damages so do NOT ask for any money from them in the letter, If you want to sell it, then do it another way.

    Haiko

  3. #3
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    Okay Thanks Haiko!

    I will send them such a letter tomorrow.

    Do you think it may help if I offer to put a link on the top of my page to their site?

    i.e.:

    If you are looking for TechSmith Software click here?

    [ 06-17-2002: Message edited by: breeze ]

  4. #4
    Guest
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by breeze:
    I got this certified letter in the mail yesterday. I have been promoting snagit.net as a search engine for some time now. The name has been our for over 2 years. Now TechSmith, (Owners of snagit.com) say i am infringing on their trademark.

    Copy of letter goes like this:



    Computer software???? What the heck are they talking about? Do they mean that since people can type into my searchbox, any word in the dictionary, I am selling software with my site?

    Please, I mean really! I may have been born on a friday but it wasn't last friday!

    Resolve this matter amicably?

    Does this mean they are willing to pay my asking price for my name?

    :confused: Help, I need guidance! <IMG src=http://www.abestweb.com/ubb/icons/icon9.gif>
    <HR></BLOCKQUOTE>

    1. i hate it when idiots dont register a name and tehn cry about it later.

    2. im not impressed when people try and make money off a name that shouldnt be theirs.

    3. snagit a "famous" name?? haha, ive never heard of it (and i thought id heard everything)

    4. im not seeing a correlation here between software and an SE....

    5. just because someone sends you a letter doesnt mean they are 100% and have merit. id check into it.

    6. i defer to haiko, he knows more, but ive seen these cases over and over

    7. breeze, havent you been in domain trouble before as i recall?? bad boy...

    8. did they send you proof of their trademark and where exactly are they trademarked?? is it federally registered or just a service mark or corporate in some locale??

    9. BTW, i really wouldnt be making public posts like "i thought i was in the money" that could really be held against you. im sure you understand

    [ 06-17-2002: Message edited by: knucklehead ]

  5. #5
    Newbie
    Join Date
    January 17th, 2005
    Posts
    1,537
    Breeze,

    You need to go and look up their registration and see if it is legit.

    Anyone can put up the little TM but that only counts for a specific length of time.

    After the time expires You need to apply for the R and that costs $1,500 to $2,000 just to apply to the Feds.

    I seriously doubt they got Snag It registered in 1991 for computer use.

    If I remember right, if you fail to apply for the R (officially government sanctioned
    trademark) within the required time frame, the game starts over.

    You can claim the mark - but if it's disputed the guy with the earliest known use
    has the upper hand.

  6. #6
    Guest
    Word Mark SNAGIT
    Goods and Services IC 009. US 021 023 026 036 038. G & S: computer software, namely, a screen capture utility software. FIRST USE: 19910219. FIRST USE IN COMMERCE: 19910219
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 75086265
    Filing Date April 10, 1996
    Published for Opposition July 22, 1997
    Registration Number 2104800
    Registration Date October 14, 1997
    Owner (REGISTRANT) TechSmith Corporation CORPORATION MICHIGAN 3001 Coolidge Road, Suite 400 East Lansing MICHIGAN 48823
    Attorney of Record James R. Duby, Jr.
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE

  7. #7
    Guest
    Fred,

    Is that your Las Vegas version of TMs?

    Read this ... http://www.uspto.gov/web/offices/tac...basicfacts.doc to get a "Clue".

    The TM depiction is allowed any NON filed (R) TM even common law ones. The TM owner can use the TM designation for as long as they like.

    The fees .... LOL! It costs only $375 application, but if you get into the trial and appeals section you can easily get up to over $5K in just a month. If a lawyer does your app it will probably cost $2k to START!

    Haiko

  8. #8
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    Thanks for all the input everyone.

    Haiko, I am in the process of drafting my response to them.

    Thanks sooo much you for all your help, your services to ABW as a whole are invaluable!

    I was wondering if you could possibly check one more thing for me?

    You said I am offering services in the internet realm (class 42) not the computer realm (do you know what class that is?)

    I think that's all I need, Thanks again Haiko!

    I'll update this thread as this matter matures to some sort of resolution.

    [ 06-17-2002: Message edited by: breeze ]

  9. #9
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    "Freedom is that instant between when someone tells you to do something and when decide how to respond."

    - Jeffery Borenstein

  10. #10
    Guest
    Breeze,

    Their TM is class 009 - Web site development software

    Your class is 042 - Computer services, namely, providing search engines for obtaining data on a global computer network and Computer services, namely creating indexes of information, sites and other resources available on computer networks

    Haiko

  11. #11
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    Awesome! To the post office I go.

    Next time I get to the City I owe you a night on the town Haiko!

  12. #12
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    758
    I have sent them my reply and it has made absolutely no difference in their stance on this.

    They just keep repeating their legal mumbo jumbo. This time they added: "We are willing to give you 3 months to wind things down before surrendering your domain."

    "Respond by 7/1/02 or we will have no choice but to purse our legal options."

    Now what do I do?

    <IMG src=http://www.abestweb.com/ubb/icons/icon36.gif>

  13. #13
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    Breeze,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>"We are willing to give you 3 months to wind things down before surrendering your domain."<HR></BLOCKQUOTE>

    ROTFLAMO ... typical mumbo jumbo! They are still trying ... but still Full of Shoot! Send their lawyer a letter stating that their bad will exploitation of their trademark will be reported to the TTAB along with a petition to invalidate their TM will also be filled (if they care to continue) then wait ..... it is a Chess game, funny and full of strategy ...but, can you say checkmate (three months? ROTFLMAO just for that they deserve to loose their TM ... they are allowing the [alledged continued] dilution of their TM ?

    They gave you an unintelligent answer to your intelligent one! (I have fought Phillip Morris (and others)) and won!

    Haiko

  14. #14
    Newbie
    Join Date
    January 18th, 2005
    Posts
    5
    Hello,

    Tell them you just had a very long conversation with the people who own http://snag-it.com, and they offered you $20,000 for the name.

    Did you ever check that site out.

    It's for real.

    Change your whois information to somewhere in the Netherlands and move your domain to a server in the Netherlands.

    Nobody looses domain name lawsuits in the Netherlands.

    Unless you have good reason to stay, move out of Pennsylvania and go to Florida.

    You'll never go back, believe me, unless you like the phila. eagles, then you can go back on Sundays to visit.

    I stopped likeing the phila eagles about 6 years ago.

    Pennsylvania is a state where corporations control the civil court system. You'll never win a thing in Pensylvania.

    Also write an obscenity filled letter to the lawyers and owners of the name.

    You may think this is grazy, but I have had more people stop writing me about how I'm infringing on their trademark by doing this than anything else.

    They think you are some kind of nut and don't want to get involved with you.

    The very last thing you want to do is try to reason with them. All they want to do is destroy you. I think you realize this by now.

    Showing you want to come to some kind of agreement, is taken by the opposing side as a sign of weakness.

    I had an issue with a domain name. I got a letter from a lawyer and called them within 5 mintues of receiving it and told them I would sign over the name to them and after the phone conversation told them I would redirect the traffic to their web site.

    In order to settle it, I told them I would pay for the law firms cost of handling the case, which was a small amout under $2,000.

    It was all agreed to.

    I did all what I said I would.

    Two weeks later they sued me for $200,000.

    They never got that amount, but it did cost me a substancial amount to defend myself.

    I've been out to drive every lawyer grazy I could since, and believe me I'm driving alot of them nuts right now.

    It's great fun!!

    Good Luck!

    [ 06-25-2002: Message edited by: RaveClub ]

  15. #15
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    ReveClub,

    This is a real post an real issue! Your advice is pure hogwash we are ethical marketers not worms who look for another stone to crawl under!

    Haiko

  16. #16
    Newbie
    Join Date
    January 18th, 2005
    Posts
    5
    All I can say is your are a real jack*ss of a sh!t sucking worm!

    I gave real world experience advice on how breeze can protect himself.

    In addition you don't know what the h*ll you are talking about!

    Because you have a message board where you act like a jerkoff most assuredly, only confirms your idiocy.

    I have no respect whatsoever for you, you are a f*cking sh!tsucking j*ckass!

    All you are is a dopey b*stard who thinks he knows what he is talking about.

    You are not an ethical marketer, you are a f*cking b*llicker!!

    I speak from the most extreme of experiences in civil law.

    you're supposed rank as #1 is like #60888.

    Of course I would be number #1.

    You're the f*cking worm for acting like some pius f*cking pompus *ss!

    You don't try to reason with someone trying to destroy you. You tell them to go f*ck themselves!!

    Then you do what you need to protect yourself.

    I saw some j*ckass comment about you and philip morris.

    I don't know what happened, but apparently you think that qualifies you to give people bad information.

    The american civil justice system is as corrupt as any instittution in the world.

    [edited curse words]

    [ 06-27-2002: Message edited by: Haiko ]

  17. #17
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    ReveClub,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Also write an obscenity filled letter to the lawyers and owners of the name.

    They think you are some kind of nut and don't want to get involved with you.<HR></BLOCKQUOTE>

    Well, I see you definately pratice what you preach [img]/infopop/emoticons/icon_biggrin.gif[/img]

    Take it easy with the curses please.

    Haiko

  18. #18
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    705
    Reveclub,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>You're the f*cking worm for acting like some pius f*cking pompus *ss!
    <HR></BLOCKQUOTE>

    Do you write on bathroom walls too?

    Mike [img]/infopop/emoticons/icon_biggrin.gif[/img]

  19. #19
    Newbie
    Join Date
    January 18th, 2005
    Posts
    1,336
    There *is* a certain amount to be said for acting like a nutter on occasion. I'm not sure an argument about to get legal is the place though.

    I tend to be 'not known at this address' until the last minute, then come in just under the deadline with a response complete with case law.

    If anyone asks - the stress made me ill. Because I'm a delicate little flower.

    And I'll thump anyone who thinks thats not true.


    I

  20. #20
    Newbie
    Join Date
    January 17th, 2005
    Posts
    1,537
    Icy you are a babe of babes...a flower with a nuke in the pistol...wanna be in my bouget?

    :eek: [img]/infopop/emoticons/icon_biggrin.gif[/img] :cool: [img]/infopop/emoticons/icon_smile.gif[/img]

  21. #21
    Newbie
    Join Date
    January 18th, 2005
    Posts
    1,336
    Is that a Mercedes SL in midnight blue? If so, then - yes. I think so. Seeing as tonights date hasn't confirmed and I'm supposed to be there in an hour and a half.

    Blokes, huh?

    I

  22. #22
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Professor:
    Icy you are a babe of babes...a flower with a nuke in the pistol...wanna be in my bouget?

    :eek: [img]/infopop/emoticons/icon_biggrin.gif[/img] :cool: [img]/infopop/emoticons/icon_smile.gif[/img]
    <HR></BLOCKQUOTE>


    The word you've entered isn't in the dictionary. Click on a spelling suggestion below or try again using the Dictionary search box to the right.

    Suggestions for bouget:
    1. budget
    2. beget
    3. Bouvet
    4. Bourget
    5. budgets
    6. booger
    7. budged
    8. bogeys
    9. bought
    10. bogeyed
    11. bugeyes
    12. boogeyed
    13. Bojer

    bouget :confused: [img]/infopop/emoticons/icon_biggrin.gif[/img]

    Haiko

  23. #23
    Newbie
    Join Date
    January 18th, 2005
    Posts
    2,694
    Bouquet!

    Then again since it's Fred, maybe he means "budget". [img]tongue.gif[/img]

    [ 06-27-2002: Message edited by: eaglefire ]

  24. #24
    Newbie
    Join Date
    January 18th, 2005
    Posts
    2,694
    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>a flower with a nuke in the pistol<HR></BLOCKQUOTE>


    Brings back visions of the 60's...

    ...wait - that was rifles with flowers in the muzzle...

  25. #25
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    641
    :confused:
    RaveClub - WTF is his problem ?
    :rolleyes:

+ Reply to Thread
Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 1
    Last Post: February 10th, 2008, 08:27 PM
  2. Fraud and Copyright
    By Cheesehead in forum ClickBank
    Replies: 4
    Last Post: September 14th, 2004, 12:25 AM
  3. Replies: 86
    Last Post: June 8th, 2004, 09:23 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •