I was asked to cease and desist

[grafiti]

What is the name of your state? Indiana

2 years ago, I started my freelance web design business here in Indiana. I registered my business name locally as, 'Studio 545', but I didn't trademark it. I have been using the name since June of 2001 (have the papers from the court house showing I registered it), and it looks like the company below filed for registration on April 12, 2002 (according to the US Patent and Trademark Office info I pulled up on the web). I obtained the domain name studio545.com back in June of 2001, and have renewed it since then. My understanding is domains are first come first serve.

Monday I got this email (see below) from a man who owns a company called '545 Studios' in Australia. I wasn't sure if I had recourse, if this letter is legitimate, etc. I have built up a bit of notoriety with my company name, I have invested in purchasing the domain, business cards, letterheads, and advertisements. If it looks like I could be legally sued, I will tuck my tail between my legs and accept it. But if it looks like I have any pull against this company, I wouldn't mind trying to fight it - unless big bucks are involved - I couldn't afford that.

Any suggestions?

Kristi


------The letter I recieved ------------------------------------------
Please be advised that 545 STUDIOS PTY, LTD. has learned that
you are infringing apon its copyrighted and trademarked materials available on the Internet, and that you have stablished a World Wide Web site which is infringing on such material(s)

545 STUDIOS PTY, LTD. , on behalf of itself and its parent and
affiliated companies, hereby demands that you immediately cease and desist from any and all unauthorized use of it's property on the Internet, and suggest that you cease any commercial use of your domain name ("studio545.com"). Failure to do so 545 STUDIOS PTY LTD. will be forced to take legal action.

545 STUDIOS PTY LTD. registered trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the words "545 Studios", 545 and "Studio" when used in conjunction with "545" , the 545 Studios logo, the stylized "hash" Logo. You may not use these trade marks or the names "545 Studios PTY LTD", "545 Studios" or and combination of "545" and "studios" or the name of any of our related companies.


Shae Petersen
General Counsel
Director: 545 Studios Pty, Ltd.


http://www.545Studios.com

 

[I AM ALWAYS LIABLE]

My response:

So?

Using the same letter, word for word, write back to this attorney, by replacing your company name where his client's name appears, and demand that his client cease from using your company name!

In your letter, add your facts that you told us.

IAAL

 

[JETX]

I see no conflict between your business named Studio545 and theirs being named 545Studio.
Both are valid, created sites (should minimize the 'cybersquatter' issue), located 6000 miles (?) from each other.

Send them the 'up yours' letter as suggested by IAAL.

The issue of international 'conflicts' in web names is governed by the WIPO (World Intellectual Property Organization). They have a very confusing website (might be able to use your services!!), but what you are looking for is at:
http://wipo2.wipo.int/process2/
and
http://wipo2.wipo.int/process2/report/pdf/report.pdf