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  1. #1
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    Legal Action Taked by Another Hosting Company in damage of mine !!

    Hello,

    Today morning i got a email from www.crunch-host.com, that i was his domainn name. for more info look the email

    FAO - Crunchhost Webmaster

    I am writing to you with a friendly warning before we proceed with legal
    proceedings.

    You are in violation of our company name as we are "Crunch-Host.com" you
    are "Crunchhost.com" - As we are a legally registered company in the UK
    and scotland you are breaching several laws by using our company nam. Our
    domain as you will see was registered in 2009, long before yours.

    If you comply within 48 hours and either remove your website or rebrand
    under a different name we will take no further action, failure to do said
    actions will result in legal action being taken against yourself and
    anyone associated with "crunchhost".


    Our next step before legal proceedings if we do not receive a satisfactory
    response is the below :-

    A. Contact GoDaddy your domain registrar to have this domain forcibly
    suspended

    B. Contact Virpus your webhost and have your services suspended


    I hope you understand and we can come to an amicable agreement.

    Warm Regards,

    Alan Jenkins
    Well my domain is www.crunchhost.com /.net/.org/.info and his domain is not a National Branded name so he cant take legal action or threating me and my hostign company.

    And nothr thing if u can look the Logo of his comany is Stolen by my Old Old logo, u can use Catche for see the difrence.

    Please advice me regarding this.
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  2. #2
    Are you within the UK or Scotland as well?
    Depending on your location those laws will not even stand unless that company is National Branded I believe.
    Also depending on whether he is actually a registered business under Crunch-Host exactly or CrunchHost, may make a difference in what the law would imply, although I am not familiar with law of a registered business name within the UK or Scotland.
    Last edited by Jye [ASD]; 03-25-2011 at 05:45 AM.
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  3. #3
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    They seems to be a free hosting company which existed back after a closure long time ago.

    Have you verify that they are legally registered?
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  4. #4
    Quote Originally Posted by PrestonHost-Faris View Post
    They seems to be a free hosting company which existed back after a closure long time ago.

    Have you verify that they are legally registered?
    Exactly, doesn't look like they're legally registered.
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  5. #5
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    Quote Originally Posted by Jye [ASD] View Post
    Are you within the UK or Scotland as well?
    Depending on your location those laws will not even stand unless that company is National Branded I believe.
    No i am not even close to them.

    hmm well i will say later from where i am but still its ridicolous someone with another .com name say to me delete your domain cuz u have a domain look like mine... O.o its like i say to another hosting comany that hase the domain www.crunch--host.com to remove it bcuz the name is in there O.o
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  6. #6
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    Quote Originally Posted by RuneGear View Post
    Exactly, doesn't look like they're legally registered.
    From what I remember, they once existed; closed for some reason and reopen back recently to offer Free Hosting & VPS.
    Do not worry much, they are not able to do anything unless they are legally registered with that name.
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  7. #7
    Quote Originally Posted by sady92 View Post
    No i am not even close to them.

    hmm well i will say later from where i am but still its ridicolous someone with another .com name say to me delete your domain cuz u have a domain look like mine... O.o its like i say to another hosting comany that hase the domain www.crunch--host.com to remove it bcuz the name is in there O.o
    It's called Trademark violation and it's a very serious offense, although in this case I don't seem to believe that crunch-host.com is a legally branded and registered trademark. If you're worried, seek legal assistance, that would be your best bet, they may be just trying to scare you.
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  8. #8
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    Quote Originally Posted by PrestonHost-Faris View Post
    They seems to be a free hosting company which existed back after a closure long time ago.

    Have you verify that they are legally registered?

    well i dont know how to verify, and i am not livving in UK
    Last edited by DotAL; 03-25-2011 at 05:52 AM.
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  9. #9
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    It seems that their company are owned by 'Ellis-Pirouet Group Limited' according to their AboutUs page.

    But that does not proof that the name is legally registered. Wait, does that limited group exist? Search in google came out as keygen/torrent.

    http://crunch-host.com/about.html
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  10. #10
    Quote Originally Posted by sady92 View Post
    Well yeah when i created my hjosting company i acidenlty saw their domain and when i was tying to enter it was down !!

    well i dont know how to verify, and i am not livving in UK
    Contact them and request legal verification that they're a registered company. I honestly don't believe they are, they run a Post-to-Host forum with a minimal amount of traffic offering free reseller hosting, they aren't making a lot of profit and it costs a lot to register a trademark.
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  11. #11
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    Quote Originally Posted by RuneGear View Post
    It's called Trademark violation and it's a very serious offense, although in this case I don't seem to believe that crunch-host.com is a legally branded and registered trademark. If you're worried, seek legal assistance, that would be your best bet, they may be just trying to scare you.
    Well firtly they need to Have a International BrandName so they can take legal action, if they have just national this mean for UK and Sccotland. right ?
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  12. #12
    Quote Originally Posted by sady92 View Post
    Well firtly they need to Have a International BrandName so they can take legal action, if they have just national this mean for UK and Sccotland. right ?
    Are you in Europe? If not, then don't even worry. They're using fear in an attempt to manipulate you into moving and changing. Their business (like I previous said) does not profit much, therefore they won't go into legal proceedings, they don't have that kind of money. Furthermore, even if they are owned by a Limited company, that does not verify the fact that they are a legal brand.
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  13. #13
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    Firstly, being a "legally registered company in the UK and scotland" does not cover your company name in terms of trademarking.

    Secondly, 'Crunch-Host' is NOT a "legally registered company in the UK and scotland" - I've searched Companies House and cannot find any 'company' with the same name. If they are registered (which looks unlikely) then they are breaking the law by not displaying their company number and address. Plus they are breaking the law by pretending to be legally registered.

    Thirdly, one of you needs to stop using that name, registered company or not. Morally it's just wrong to start using an indentical name to an established business (established: whoever has been using the name the longest).
    Last edited by SercoNetworks; 03-25-2011 at 05:57 AM.
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  14. #14
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    Quote Originally Posted by RuneGear View Post
    Are you in Europe? If not, then don't even worry. They're using fear in an attempt to manipulate you into moving and changing. Their business (like I previous said) does not profit much, therefore they won't go into legal proceedings, they don't have that kind of money. Furthermore, even if they are owned by a Limited company, that does not verify the fact that they are a legal brand.
    Well a kind off

    hmm ok i got it

    but the problem is now if they can maintulate godaddy and my service provider for suspending me.. this is i am mostly worried
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  15. #15
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    Quote Originally Posted by SercoNetworks View Post
    Firstly, being a "legally registered company in the UK and scotland" does not cover your company name in terms of trademarking.

    Secondly, 'Crunch-Host' is NOT a "legally registered company in the UK and scotland" - I've searched Companies House and cannot find any 'company' with the same name. If they are registered (which looks unlikely) then they are breaking the law by not displaying their company number and address. Plus they are breaking the law by pretending to be legally registered.

    Thirdly, one of you needs to stop using that name, registered company or not. Morally it's just wrong to start using an indentical name to an established business (established: whoever has been using the name the longest).
    1. Aha ok

    2. well they are even brekaing the law by taking the my old logo

    3. well dude we are both offering host but in difrent ways i am offering paid he is offering free hosting so thes are 2 difrent niches
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  16. #16
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    Quote Originally Posted by sady92 View Post
    Well a kind off

    hmm ok i got it

    but the problem is now if they can maintulate godaddy and my service provider for suspending me.. this is i am mostly worried
    Your host might not terminate or suspend you for identicl name. They will if you have copyright content which you don't.
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  17. #17
    Quote Originally Posted by sady92 View Post
    Well a kind off

    hmm ok i got it

    but the problem is now if they can maintulate godaddy and my service provider for suspending me.. this is i am mostly worried
    No they can't, like I told you it doesn't seem their verified, and if they're not, it's illegal to threaten you by stating they're a legal entity when they clearly are not.
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  18. #18
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    Quote Originally Posted by RuneGear View Post
    No they can't, like I told you it doesn't seem their verified, and if they're not, it's illegal to threaten you by stating they're a legal entity when they clearly are not.
    aha so the one shuld take legal action is me
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  19. #19
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    Unless you've spent a considerable amount of money building your company around the Crunch Host brand name, I'd consider rebranding your company to something more unique. Rebranding would stop any possible visitor confusion due to both companies advertising under the same brand name. Additionally if the other company was to develop a bad reputation, this could also affect your business too.

    Of course if you're intent on sticking with Crunch Host, I would suggest doing your research to ensure that Crunch-Host.com has no legal stance against you and your company and brand.
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  20. #20
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    Quote Originally Posted by InstantPH View Post
    Unless you've spent a considerable amount of money building your company around the Crunch Host brand name, I'd consider rebranding your company to something more unique. Rebranding would stop any possible visitor confusion due to both companies advertising under the same brand name. Additionally if the other company was to develop a bad reputation, this could also affect your business too.

    Of course if you're intent on sticking with Crunch Host, I would suggest doing your research to ensure that Crunch-Host.com has no legal stance against you and your company and brand.
    well yes i spent a loot of money and my bussines hase amonst 5-6 month online and its gain reputation and i dont have only .com but even .net .org .info so my name branded is secure
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  21. #21
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    I certainly understand your stance on this. However I'd also like you to consider my other point which was with regards to brand reputation. If the other company was to mistreat customers or in any way develop a bad reputation within the industry, this could also seriously affect your business as customers could see both companies as one and the same.
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  22. #22
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    Well you might want to point out that http://www.crunch-host.com/contact.html is in breach of the UK Distance Selling Regulations as there is no indentifying company information (Address/Phone number etc)

    Going by the whois I'm not sure Cogent Avenue exists.

    WHT Username: http://www.webhostingtalk.com/search...rchid=30488652 (via http://www.webhostingtalk.com/showthread.php?t=602666)

    Jordano Is used on lots of other forums as well which are linked to hosting

    I wouldn't worry about it is the short answer.
    Russ Foster - Industry Curmudgeon
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  23. #23
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    Quote Originally Posted by sady92 View Post
    well dude we are both offering host but in difrent ways i am offering paid he is offering free hosting so thes are 2 difrent niches
    You're both operating within the Hosting Indusrty, free or not; esentially providing the same services.

    Further down the line this is definately going to cause problems. Especially reputation wise. I'm not entirely sure who is at fault here, but it seems someone is trying to copy the other company; which is going to ultimately end badly for the end user if the owner of said company has such low morals.
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  24. #24
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    http://i55.tinypic.com/apf9qs.png <- My Logo

    http://crunch-host.com/images/header.png <- his logo !!

    My logo was maded on November and he made this after he got online !!

    some monthy later !!
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  25. #25
    Quote Originally Posted by sady92 View Post
    http://i55.tinypic.com/apf9qs.png <- My Logo

    http://crunch-host.com/images/header.png <- his logo !!

    My logo was maded on November and he made this after he got online !!

    some monthy later !!
    Just because you both have a mouse in your logos doesn't mean anything.
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  26. #26
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    Quote Originally Posted by RuneGear View Post
    Just because you both have a mouse in your logos doesn't mean anything.
    Its not about Mouse. its about thos squares and the Main Idea of the logo !!
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  27. #27
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    Personally, why would I want my hosting company associated with some free/post2host operation?

    New name needed me thinks seeing as they registered it first, then just put a 301 redirect in place on the old domain so any previous links still get forwarded.
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  28. #28
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    What about one of you buying out the other one's domain name...
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  29. #29
    A. Contact GoDaddy your domain registrar to have this domain forcibly
    suspended

    B. Contact Virpus your webhost and have your services suspended
    Notice how they didn't even bring up legal action, they just listed a bunch of threats. I would ignore it. Your web host can't suspend you for something as simple as this and without the proper documents I doubt GoDaddy would take action.
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  30. #30
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    Quote Originally Posted by sady92 View Post
    http://i55.tinypic.com/apf9qs.png <- My Logo

    http://crunch-host.com/images/header.png <- his logo !!

    My logo was maded on November and he made this after he got online !!

    some monthy later !!
    Those logos look nothing alike to me, same 'monthy' or not.

    At the end of the day neither company has registered trademarks for names or logos so there is really little room for any legal action.

    If you want to continue using that name then I would contact a legal professional. You might want to send an email back to 'crunch-host.com' - I've typed up an EXAMPLE below, since they seem to be using scare tactics, you may do the same...

    Dear Sir/Madam,

    I have received your email and I am aware of the concerns you have raised regarding my company name. I would like to advise you that I will also be taking legal action and contacting a solicitor in order to ascertain a better understanding of my legal rights regarding the situation.

    I would appreciate it if you could forward to me your company registration number and an address to which I can serve legal papers (this information is not on your website which is in breach of UK law). I would also like you to forward any relevant documentation you hold regarding the alleged trademark infringement, so this can be passed on to my solicitor for processing and validating.

    Yours sincerity,
    NAME HERE
    COMPANY NAME HERE
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  31. #31
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    The Email i got Replye from them

    Hello,

    As per our about us section we are listed under our holding company Ellis
    pirouet limited at the details below.

    Ellis-Pirouet Limited

    Office 36, 88-90 Hatton Garden

    Holborn, London

    United Kingdom

    EC1N 8PN



    Company Number: 07466775


    Since you are uncooperative we will proceed with legal actions, the name
    crunch host is registered as a subcompany so you are wrong in saying the
    name is not registered, and it is protected under UK and US law as we are
    based in the UK, but trade in the US due to our datacentre location.

    Since you are using a .com domain you are bound by US law and verisign can
    and will remove your domains if we proceed with legal action, as I type
    this we have already contacted virpus.
    And about logo

    As for the logo if what you say is correct we will prompty remove it as we
    are not scammers nor theifs, you can verify we were given this as an entry
    to our design competition for a logo and it was given by one of our
    members.
    Well how to deal with this ?
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  32. #32
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    That was quick.

    Either way the information on their website is wrong. In order to comply with UK law they need to display a company number and full address - which they are not doing.

    As I said previously; being a registered company does not give you any rights to a trademark.
    Does the registration of my company name with Companies House also mean that my trade mark is protected?

    No. Company law is different from trade mark law. You cannot stop someone using a trade mark, which is the same or similar to yours, merely by registering your name with Companies House.
    http://www.companieshouse.gov.uk/inf...rNewComp.shtml
    Unless they actually have a registered trademark and can provide you with the number/registration information then I cannot see them getting any further with this. If they had or where in the process of getting a trademark then they would display their name as: NAME™ or NAME® - since they don't display it like that, I would assume they have no trademark associated.
    Last edited by SercoNetworks; 03-25-2011 at 06:59 AM.
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  33. #33
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    You really need to seek legal advice in this matter. I agree with what everyone else is stating, but you really need to seek real legal advice.
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  34. #34
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    I think whats more important to see if the name is actually trademarked. I know in order to defend a name, it must be trademarked and does not matter much if one is incorporated or not. This is my understanding living in the USA.

    Now, it appears from the level of professionalism in the letter that they will not or not be capable to file suit as it will entail a significant amount of money from their end to initiate the process.
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  35. #35
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    Unless the name is trademarked, which I don't think it is, they can't do a thing to prevent you using the domains.
    John Slane | Systems Administrator
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  36. #36
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    A small time mostly unknown free hosting provider is going to sue you... right. I'd personally call the bluff, and not only would I call the bluff but I would taunt Jordan and encourage him to go for it and then go < expletive > himself. Their whole website and business model smells of kiddie host and that alone makes me want to thumb my nose at them... sigh!

    Also, looks like Jordan was caught stealing a layout years ago...

    http://www.webhostingtalk.com/showthread.php?t=623238
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  37. #37
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    Very good, we will see.

    I wonder what would happen if multiple users DDOSED a site....hmm



    I look forward to hearing from your "lawyers", because you will be hearing
    from mines soon enough, you might not actually as godaddy are very good at
    taking domains down without consulting with the owner.
    Now the "BigBoy" is Threating me
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  38. #38
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    If I may recommend a GREAT Intellectual property lawyer to you:

    Kit Winter <[email protected]>

    From my experience it doesn't seem to me like that have a strong case against you. However, It's best to seek legal council to be sure. I would also recommend you trademark your brand and protect your business.
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  39. #39
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    Quote Originally Posted by sady92 View Post
    Now the "BigBoy" is Threating me
    I wonder what would happen if you reported that threating email to his upstream provider... hmm
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  40. #40
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    You need to talk to a lawyer. In the US at least, you do not have to register a trademark to own it.
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