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Domain Trademark problem

Discussion in 'Domain Names & Parking' started by mallorca123, Nov 27, 2013.

  1. mallorca123

    mallorca123 Junior Member

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    Hi , i got a letter from a US Lawyer i have a Website www. k m a r t c r e d i t c a r d .org
    where i present some relevant content about the credit programm from this company.
    Have someone a good Idea how i can handle this problem?


    Thanks!!


    The improper usage of the KMART® mark constitutes a violation of Sears’ rights.

    For example, in the United States, the federal Lanham Act, 15 U.S.C. §1051 et seq.,
    and applicable state laws prohibit trademark infringement and unfair competition, and
    potentially subject you to a variety of remedies available under the law—including
    preliminary and permanent injunctive relief, an award of damages and/or profits
    resulting from the unauthorized trademark use, and an award of enhanced damages
    and attorney’s fees due to your willful infringement of Sears’ trademark rights. Sears
    takes such unauthorized uses of its trademarks very seriously, and aggressively
    enforces its trademark rights. As a result, Sears requests that: (1) the domain
    KMARTCREDITCARD.ORG, and any other similar domains that may be owned by the
    Registrant that include a KMART® mark, be immediately assigned to Sears; and (2) the
    Registrant refrain from taking any further actions which would suggest the existence of
    any connection, affiliation or sponsorship by Sears.


    Sears views this as an extremely serious matter that requires prompt action by
    you. As such, we request that you confirm in writing, by no later than December 9,
    2013, your agreement to take the actions requested above. Should we not hear from
    you within that timeframe, please be advised that Sears may take whatever further
    actions it deems necessary to protect its rights.
     
  2. neu009

    neu009 Jr. VIP Jr. VIP Premium Member

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    LOL no wonder you opened the other thread goes hand in hand with this question.
    Just leave it running I mean they will probably be no smarter than the person going fter your other offer Mr lech...
     
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  3. ThreadKiller

    ThreadKiller Power Member

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    Are you in the US? The advice you get depends on where A. You. B. Your business presence, is located.

    Also, what are your main concerns. Losing the domain or getting sued for real money?

    If you are monetizing the domain in any way, or if you can be proven to be attempting to monetize it (sedo listing for example), you will probably lose it in a WIPO arbitration proceeding.
     
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  4. lucardk

    lucardk Registered Member

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    Occupation:
    Affiliate Manager
    Location:
    Costa Rica
    Home Page:
    Tell him you are helping this "Kmart" kmart1.jpg setting up their own Credit Card... It is pretty obvious you are infringing their copyrights, work with them and figure out if you they are willing to pay you something for the domain or give it up...
     
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  5. ThreadKiller

    ThreadKiller Power Member

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    Cancel my previous questions. Your crossposting and your other posting history indicates that you are not a serious marketer. Anyone responding to you is only wasting their time.
     
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