Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2003
    Location
    FT Worth, TX
    Posts
    5,098

    To all host being threatened by "common term" C&D

    In effort to stop companies from sending out Cease and Desist orders to indivduals using common terms in the webhosting, I have been contacting indivduals who could be of assistance. A few weeks ago I emailed Fred von Lohmann, Senior Intellectual Property Attorney of Electronic Frontier Foundation. I recieved an email telling him of industry trademarked terms such as MCHost's "Host Unlimited Domains" and "Private Label Reseller" trademarks. He has responded to my email regarding these issues. I have the email below to show everyone and that its possible the fear of recieving such nonsense of a C&D of common terms will be no more.

    Kerry,

    Common names can be protected as trademarks, if the mark holder can demonstrate secondary meaning (i.e., that when people hear the phrase
    in a particular market, that they think of the mark holder's products or services). These trademarks generally are very weak, however, and you'd be free to use the terms in any fashion that isn't confusing to consumers. Let us know if any of these mark holders try to push anyone around for using these common terms (and take a look at ChillingEffects.org for more about TM law).

    Fred
    http://www.chillingeffects.org is a place with alot of information regarding Trademark and DMCA claims I suggest visiting the website. I hope this will help other host whom been threatened. If you are being sued for these common terms I suggest visiting http://www.eff.org to see if their attorneys could be of assistance or maybe even defend you in court for free.

    Regards,

    Kerry Jones
    Kerry Jones

  2. #2
    Join Date
    Aug 2003
    Location
    Twin Cities Area
    Posts
    5,651
    id like to know if anyone has actually been taken to court?

    i havent heard of anything more than a little smoke blowing really.

    i got some very interesting info directly form the trademark office in regards to someone who is attempting to trademark the term anonymous hosting. the thread should still be here somewhere in the past 60 days, check it out. just becuase they have filed, doesnt mean squat!
    if you haven't considered chapter 7 bankruptcy, maybe you should.
    eliminate your debt, keep the property you want, most people qualify.
    contrary to popular belief - no attorney is necessary!

  3. #3
    Join Date
    Jun 2003
    Location
    FT Worth, TX
    Posts
    5,098
    I don't think anyone has been taken to court, but I know of a few who has been threatened with Cease & Desist letters. I know EFF is here to protect those who need help defending themselves so they don't have to worry about being sued. I think all they need to do is go to EFF when they recieve this C&D and they will be able to help you out. I know Marc at MCHost has sent out C&D letters before for his handy dandy trademarks "Private Label Reseller" and "Host Unlimited Domains". I'm talking to EFF hoping they will file a dispute against him for this.
    Kerry Jones

  4. #4
    Join Date
    Jun 2003
    Location
    FT Worth, TX
    Posts
    5,098
    I got another update from Fred today. Everyone who has recieved a cease and desist regarding terms such as "anynomous hosting", "Host Unlimited Domains", and "Private Label Reseller" needs to contact Fred von Lohmann at [email protected] or start filing their C&D at chillingeffects.org!

    In cases like this, it all depends on the facts. I'd be happy to hear
    from any of the companies who have received these C&D letters. (They should also submit them to ChillingEffects.org to start building a record about this generally.)

    Fred
    Kerry Jones

  5. #5
    Join Date
    Aug 2003
    Location
    Twin Cities Area
    Posts
    5,651
    i got a c&d from one of my own advertisers, moneygram

    that was the end of that relationship!

    sheesh!
    if you haven't considered chapter 7 bankruptcy, maybe you should.
    eliminate your debt, keep the property you want, most people qualify.
    contrary to popular belief - no attorney is necessary!

Posting Permissions

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