5 replies to this topic

[jonbey]

OK, a website that is in my niche, that was on a EMD, has now moved content to a new domain which includes my trademark (service mark) name plus an extra word tacked on to the end. Site structure similar, content is unique.

It is hosted in the USA and I have a US trademark for the name. Should I just send off a letter to the host to get it removed? Will it work? Are there other options? Are there risks?

[tam]

From my completely no experience in this area point of view, I'd tend to write directly to the company first and give them the opportunity to resolve it themselves, rather than go to the host which could leave them with no site with no warning. I know they are competing and should have checked but they may just not realise what they've done.

[jonbey]

Hmmm, I doubt from the content of the site if they would act on it, it is essentially an MFA site that is trying to now piggy back on my brand after the EMD update booted them out of the SERPs.

[EGOL]

I would consult with a USA trademark attorney.

[jonbey]

do they charge a lot?

[EGOL]

I have been charged a few hundred dollars for a written opinion. That included a phone consultation to discuss the problem, a written opinion and a phone consultation to review the written opinion. I had to prepare an email message with screenshots to explain the problem.