Web Hosting Talk : Web Hosting Main Forums : Web Hosting : MCHost has LOST their MIND.. MUST READ!!! [Merged]

[Vortech]

We got a very funny email from Mchost today and thought I would share it.. LoL

Plus took the time to search "HOST UNLIMITED DOMAINS" over 99 pages just on goolge.
http://www.google.com/search?hl=en&i...=Google+Search
AND
Plus took the time to search this one as well "HOST UNLIMITED DOMAINS" 45 pages just on google.
http://www.google.com/search?hl=en&l...=Google+Search


To whom it may concern,

it has come to our attention that you are using the terms "HOST UNLIMITED DOMAINS" and "PRIVATE LABEL RESELLER" on your website. Please be advised that we are the exclusive owner of both federal trademark registrations for these mentioned marks effective December 9th, 2003.

We use the the above mentioned marks in connection with our internet website at www.mchost.com. We have continuously and extensively used and advertised our "HOST UNLIMITED DOMAINS" and "PRIVATE LABEL RESELLER" trademarks, making it a valuable asset, one we will take all necessary steps to protect. Unauthorized registration and use of the above mentioned marks is likely to cause confusion, mistake, or to deceive the public and is a violation of our federally-protected rights. Accordingly, we request that you immediately cease use of the above mentioned marks, and that you cease and desist all current and future use of them, or anything else confusingly similar thereto. If we do not receive your assurances that you will cease all use of the above mentioned marks, we will proceed with legal steps to protect our rights as well as seek damages from your company for federal trademark violation.

I appreciate your cooperation in this matter.

Marc A. Wyss
CEO of MCHost Inc.
Experts in Private Label Reseller Plans
marc@mchost.com

[WinApp]

I'm sure it will never fly. Kinda like the guy that held the patents to e-commerce.

[MStar]

Heh, You Can Trademark Such A Basic Phrase?

[blue27]

Jesus, if it wasn't so stupid, it would be laughable.

[HeadBuilder]

I wonder if they have the financial might to take "legal steps to protect our rights", considering that there are so many hosts out there that use these terms now.

[Vortech]

Here is a great case about the same thing:
http://www.cnn.com/2003/LAW/08/22/fox.franken/

[AussieHosts]

Originally posted by HeadBuilder
I wonder if they have the financial might to take "legal steps to protect our rights", considering that there are so many hosts out there that use these terms now.

They'd only need to set a precedence, and maybe the rest would fall like a house of cards. Stranger things have happened.

[Kerry Jones]

If this is true I would appeal to the courts to revoke these trademark bs. I'm pretty sure MCHost didn't come up with these names first. I also suspect this is labeled under a common phrase which can not be copyrighted.

http://www.uspto.gov/web/offices/tac...l#_Toc52344256

[UmBillyCord]

We discussed his use of TM on those words years ago on WHT. Hillarious.

Looks like you get the fight. Keep us posted .


Also, Hostway has been using Private Label Reseller since 2000. Before MCHost was even around.

[Kerry Jones]

I think MCHost purposely registered these domains so he can sue people right and left.

[thedavid]

A search of the patent office shows this:

Typed Drawing
Word Mark PRIVATE LABEL RESELLER PLANS
Goods and Services IC 042. US 100 101. G & S: Hosting the web sites of others on computer servers for a global computer network. FIRST USE: 20010520. FIRST USE IN COMMERCE: 20010520
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78156383
Filing Date August 21, 2002
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition September 16, 2003
Registration Number 2791218
Registration Date December 9, 2003
Owner (REGISTRANT) SEEKAMERICA NETWORKS INC. CORPORATION CANADA P.O. Box 24059 Lakefront Post Office Kelowna, British Columbia CANADA V1Y 9P9
Attorney of Record Antony C. Edwards
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "RESELLER PLANS" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

Typed Drawing
Word Mark HOST UNLIMITED DOMAINS
Goods and Services IC 042. US 100 101. G & S: hosting the web sites and domain name addresses of others on computer servers for a global computer network. FIRST USE: 20010520. FIRST USE IN COMMERCE: 20010520
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78156055
Filing Date August 20, 2002
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) SEEKAMERICA NETWORKS INC. CORPORATION CANADA P.O. Box 24059 Lakefront Post Office Kelowna BRITISH COLUMBIA V1Y 9P9
Attorney of Record Antony C. Edwards
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE

[Kerry Jones]

Is there a way to appeal these patents? I know they didn't invent this term and these terms would be labeled as "Common Words".

[Vortech]

Yea I asked him.. He is repling to my emails.. I could use a trip to Brunswick, MD to have fun in court with this one.. LoL

[hekwu]

So you would have to show someone used those words, on the internet while hosting, before the file date of 20010520, if I'm not mistaken.

[AussieHosts]

Originally posted by Kerry Jones
Is there a way to appeal these patents? I know they didn't invent this term and these terms would be labeled as "Common Words".

What about Rackspace's "Fanatical Support" trademark? I'm know they're not the only provider who is fanatical about their support.