Welcome to the WholesaleForum.com! Sign in or Register Free to benefit from our full range of free services

Welcome to Wholesale Forum.comWelcome ToWholesale Forum.comFind wholesale buyerstrade buyers and wholesale offers free

For Buyers

Wholesale Forum is the fastest growing online business community dedicated to retailers, auction sellers, surplus and overstock buyers needing a quick and safe solution for sourcing trade stock. Join our free and friendly forums today and gain knowledge, offer your advice, and discover new partnership opportunities:

For Suppliers

For wholesalers, dropshippers, manufacturers, distributors and trade services providers. Advertise your business today on WholesaleForum.com for free to reach potential trade buyers on a more personal level. Promote your latest offers, interact with buyers in real time, distinguish yourself as an expert in your field, and attract sales instantly.

Sign up now More benefits for Buyers
Sign up now More benefits for Suppliers
    1. kiriakos is offline

      Join Date
      Sep 2012
      Location
      Cyprus
      Cyprus
      Posts
      5
      Thanks
      1
      Thanked
      0 Times in 0 Posts
      #1

      Trademarked word mixed with another word

      Hi, I currently have a problem with the name of my company and I can't seem to find an answer anywhere.

      My problem is that I bought a domain name and made a logo with the same name as my domain. Let's say for example that:

      My company name is: world sharez (I also made a logo)
      and my domain name is: worldsharez.com

      My company also sells video games and art (paintings etc) through ecrater (an online website like ebay), whereas on my website (worldsharez.com) I only have my portfolio (I do not sell anything on my website).

      Then I see that on uspto.gov the word "sharez" and "sharez.com" are registered as trademarks and their company sells software for organizing music, games, comic etc.

      Am I illegal? Do I have the right to use the name "world sharez" and the domain "worldsharez.com" for my company?
      Want To Be An eBay Powerseller?
      This is the Service You Need.

    2. WholesaleMod's Avatar
      WholesaleMod is offline

      Join Date
      Dec 2010
      Location
      United States
      United States
      Posts
      2,856
      Thanks
      26
      Thanked
      436 Times in 390 Posts
      #2
      Hi Kiriakos,

      Welcome to Wholesale Forum

      Yes you do have the right to use your name, provided you do not enter their same market segment (software for organizing music, games, comic etc.)
      Over 150,000 Verified Sources + Deals 95% Off MSRP + Free Website!

    3. kiriakos is offline

      Join Date
      Sep 2012
      Location
      Cyprus
      Cyprus
      Posts
      5
      Thanks
      1
      Thanked
      0 Times in 0 Posts
      #3
      Hi WholesaleMod,

      Thanks for your reply, and am glad i found this forum because it's quite difficult to find answers on copyrights, trademarks etc.

      Just to be sure I am legal, I will write my actual website name etc.

      My company name: Cosmic Collectorz
      My domain name: cosmiccollectorz.com
      and i have found that the word "collectorz" and "collectorz.com" are trademarked.

      Word Mark: COLLECTORZ
      WORD MARK: COLLECTORZ.COM

      The other company contacted me a while ago and told me this:

      "If you do not act upon this email before Tuesday September 11, 12.00
      hours Amsterdam time, we have no other option left than to seek legal
      counsel to take your site, Facebook page and business name down.

      With your business name Cosmiccollectorz you are in violation of our
      trademark and we have to act upon it.

      I strongly urge you to change your business name to something else,
      NOT inflicting on our trademark or anyone else's trademark for that
      matter.

      Search the USPTO for active trademarks to prevent this happening again.
      "

      Why did they told me that I was in violation of their trademark when I am not?

      If I continue to use my company name and domain, can they do anything to me? and do I have to trademark my company etc or if I leave it like this I am safe?

      It's expensive for a start up company to pay for this kind of stuff.

      Also the other company is quite famous, it has more than 30000 likes on Facebook

    4. WholesaleMod's Avatar
      WholesaleMod is offline

      Join Date
      Dec 2010
      Location
      United States
      United States
      Posts
      2,856
      Thanks
      26
      Thanked
      436 Times in 390 Posts
      #4
      Hi Kiriakos,

      You should remember that we are not legal advisors, however they seem to be playing on two very weak points:

      1. Tradmarking of the letter z at the end of a plural word, which is used by many other trademarks to convert a plural word into a cooler sounding word ending in z. They cannot do that. For example, a search for "comicz" in Google brings up 150,000 results: "comicz" - Google Search. Collectorz has even more results (many relate to their website, however there are also music group The Collectorz etc).

      2. Counting on "It's expensive for a start up company to pay for this kind of stuff."

      In our view you have nothing to worry about, however you should be prepared to fight it out if they challenge you in a court of law.

    5. Thank you for this post:

      kiriakos (12 Sep 2012)

    6. kiriakos is offline

      Join Date
      Sep 2012
      Location
      Cyprus
      Cyprus
      Posts
      5
      Thanks
      1
      Thanked
      0 Times in 0 Posts
      #5
      Thanks for the tips wholesalemod,

      I believe the second weak point that you said is not that weak, money is a big issue and this law stuff is not cheap.

      What happens if someone challenges me to court? Do I have to go to USA? And how do courts determine who's going to win?

    7. WholesaleMod's Avatar
      WholesaleMod is offline

      Join Date
      Dec 2010
      Location
      United States
      United States
      Posts
      2,856
      Thanks
      26
      Thanked
      436 Times in 390 Posts
      #6
      Hi Kiriakos,

      As per their letter: "we have no other option left than to seek legal counsel" which means they haven't sought advice on the issue yet. If you are worried, ask them to outline the reasons why they feel you are infringing on their trademark, considering you do something different and your name only contains their mark.

      In our view, they are just trying to scare you, they are saying the equivalent of Snapple infringes on the Apple trademark because it contains the word apple ... No sensible judge or jury would validate their claim.

    8. kiriakos is offline

      Join Date
      Sep 2012
      Location
      Cyprus
      Cyprus
      Posts
      5
      Thanks
      1
      Thanked
      0 Times in 0 Posts
      #7
      hmmm you are right, I should ask them why they feel I am infringing on their trademark.

      I accidentally found another person that had a website with the word collectorz in it and he shut down his website but he didn't try to search why etc, he just changed it because he didn't want any trouble.

      I will talk with them and see what happens.

    9. WholesaleMod's Avatar
      WholesaleMod is offline

      Join Date
      Dec 2010
      Location
      United States
      United States
      Posts
      2,856
      Thanks
      26
      Thanked
      436 Times in 390 Posts

    10. kiriakos is offline

      Join Date
      Sep 2012
      Location
      Cyprus
      Cyprus
      Posts
      5
      Thanks
      1
      Thanked
      0 Times in 0 Posts
      #9
      In a letter from the other company, they told me "we believe that it is likely to cause confusion and that there is a similarity or relatedness of the services. After all, you site it meant for fans of video games, movies, and comics – the very same people who use our company"

      I know now that my company (which sells videogames, movies etc) is in class 9 of the trademark classification system.

      If we are in two different classes and the names of our companies are similar/same, then most likely we have the right to use it because we are selling completely different products.

      If I only sell art and specifically only my art (stuff that I painted and I created like paintings, art magnets, comics, crafts etc) in which class will my company be?

      Also if you have any advice to give me I would be glad to hear it

      Thanks for all your help

Sign Up Now

Got something to say? Sign up now and join the discussions.

Similar Threads

  1. My new word for today? Dropshipping!
    By iamdes in forum Introduce Yourself To Other Members
    Replies: 3
    Last Post: 06 Jun 2011, 01:23 AM
  2. How do I find out how often a word is searched online?
    By Marygood in forum Marketing, Advertising, SEO & SEM Discussion
    Replies: 19
    Last Post: 21 Oct 2010, 04:11 AM
  3. Whats the word on Argos Clearance? Anyone use them?
    By moorejoseph in forum eBay, Amazon & Online Marketplaces Discussion
    Replies: 18
    Last Post: 16 Nov 2010, 06:28 AM

My Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
All times are GMT -4. The time now is 07:36 AM. - Fixed Width