Web Hosting Talk : Web Hosting Main Forums : Domain Names : nchost.com, violating trademark ?

[wmac]

Hello

Recently I registered a name nchost.com to start a web hosting business.

Two or three weeks ago I received a message from mchost.com as follows:

I would recommend you not to try using or selling the domain 'nchost.com' as it is confusingly similar to 'mchost.com' on which we hold trademarks.

Thanks for your time
Marc Wyss
marc@mchost.com

What do you think? My point is that who tells North Continent Host, North Carolina Host or even Norton Commander Host is similar to mchost.com ?

We have prepared a website but I have not uploaded it waiting for my lawyer investigate the case.

By the way I searched all trade mark search engines and did not find anything about mchost .

Any comment is appereciated.

Mac

[AlaskanWolf]

I would contact a trademark lawyer on that one, personally they wouldnt have a case, since theres achost *****...they can trademark mchost, but not nchost

[sbrad]

I would contact a trademark lawyer on that one, personally they wouldnt have a case, since theres achost *****...they can trademark mchost, but not nchost

Maybe it is the *host* part he holds a trademark on.

[Gurudev]

I think you are taking it too seriously. If I am correct, that guy was quoting in another forum that he received a letter from someone which said that they (mc host) are violating some other companies tradermark. I don't think there is any trademark issue with these kind of names, as mchost is not a household name that has been tradermarked for years, there is nothing to confuse with, and in the court of law I doubt they will have a case. Now with all those new extensions .biz, .info, etc., someone will have to put these names to a good use.

However, if you are serious about your business and if they are serious about their threat then both of you should pay the bills of some poor lawyer and that way everyone will flourish - especially, the lawyer.

[brandon]

sarmadys,
Hurry up register mchost.com too, ooop I meant mzhost.com,
it still available.

'nchost.com' as it is confusingly similar to 'mchost.com'

mzhost.com is as confusing as mchost.com

"z" is sound as "c" in american.

[universal2001]

Mc Donalds should sue Mc Host...

[Honu]

Aloha
well they are fishing and have no way to enforce that ???
if you were mc-host.com they would have a case but not NCHost
dont see how they could do that but who is right is not always the winner. also remember it will take them money to take you in
just ask them not to threaten you anymore cause that in itself is illegal and harrasing someone over email could bring on a federal offense and take out a restraining order on them
hehhehehehee
ok going overboard here sorry

basically just dont ever send anything back my brother who is a lawyer says never let any one know what you are up to.
just ignore them

Originally posted by sarmadys
Hello

Recently I registered a name nchost.com to start a web hosting business.

Two or three weeks ago I received a message from mchost.com as follows:




What do you think? My point is that who tells North Continent Host, North Carolina Host or even Norton Commander Host is similar to mchost.com ?

We have prepared a website but I have not uploaded it waiting for my lawyer investigate the case.

By the way I searched all trade mark search engines and did not find anything about mchost .

Any comment is appereciated.

Mac

[Chicken]

Originally posted by sarmadys
Recently I registered a name nchost.com to start a web hosting business....

I think this one would be better left up to the courts to decide. Is it similar, yep. Are others domains, and extensions of the same domain, yep. I don't think there is a blck/white rule on confusingly similar and as I said, this would be one for the courts to decide.

[JustinH]

I agree that legal advice is your best option... however, I wouldn't read into this too much for a few reasons.

(1) As was said before, mchost is not a household name, now if you registered nicrosoft.com, then I would worry.

(2) MCHost *may* be trademarked but NCHost isn't, I couldn't imagine there being any confusion there (goes back to #1).

(3) Here's the big one. The reason why I said *may* be trademarked is when visiting MCHost.com's web site I noticed that they are lacking the "Registered Trademark" symbol (The "R" within the circle). They aren't even using an unregistered Trademark symbol (TM). U.S. Trademark laws require the use of the registered trademark symbol to continue using that trademark.

I would suggest just continuing with starting your company and if it continues talk to a lawyer. Sounds like more then anything Marc Wyss was in a bad mood .

[GordonH]

We have a reseller called hostingroute.com.......

Never bothered me, maybe it should have - who knows!

Gordon

[Frosty]

I have a stupid question....

What if i have a registered and trademarked domain called for example "TeamHosts.com".... and someone else has the domain "TeamHost.com".... can i like make that jerk who owns TeamHost.com give up the domain?

[Honu]

Aloha
well yes I would defend it
if you do not defend it you can loose your right to the other party (a bit more compicated than that but the main idea)
if you have the trademark and they do not
may also depend on prior use as common prior use can come into play etc....
there is a happyfish.net that is used for fishtank supplies do I go after them NO cause they are not cometing or confusing now if they started webdesign I would go after them.
just some thoughts

Originally posted by Frosty
I have a stupid question....

What if i have a registered and trademarked domain called for example "TeamHosts.com".... and someone else has the domain "TeamHost.com".... can i like make that jerk who owns TeamHost.com give up the domain?

[Cyber]

sarmadys, actually, MCHost.com is a registered trademark. You didn't look hard enough :-P

http://www.nameprotect.com/cgi-bin/F...mageField.y=14

first one on the list. sorry m8.

[Honu]

Aloha
one other thought they could just be protecting there right to the name if they do not try to stop people they can loose rights so that would make more sense to me that they sent out hte notice etc... that way they have proof they are serious should one that is closer come up ???

[SoftWareRevue]

Originally posted by Cyber
sarmadys, actually, MCHost.com is a registered trademark. You didn't look hard enough :-P

http://www.nameprotect.com/cgi-bin/F...mageField.y=14

first one on the list. sorry m8.

Sorry. But that result is just same and similar domain names. Nothing about trademarks.