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webhelppls

Junior Member
What is the name of your state (only U.S. law)? State is PA.

I got a letter in the mail today from a law firm representing Sirius XM Radio.

I have been running a Blog for the past 6 years (Twitter for 3) following news pertaining to Sirius XM Radio.

The letter can be viewed here.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B-Bge_usxJOxOGMzMjU5OGMtYWM4Yi00YTgwLTg3ZDAtNDg3YjJjYjk1OWU1&hl=en_US

I tried to make all of the changes requested but not sure if they are asking me to shut down my website or not.

This seems like fair use, I'm not trying to be Sirius XM or trying to confuse anyone. Just posting news like any other Tech Blog would do. There are plenty of other sites out there doing the same when it comes to Sirius XM.

I just need some advice on what to do, how to respond to this letter. I would really hate to remove my website. Sirius XM is a huge company and I highly doubt consumers are confused by my website. It's pretty obvious my site is not run my Sirius XM Radio.

Thanks in advance for any help you can provide!What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


webhelppls

Junior Member
Just to add, when I read over all of this it seems like the issue is more with Twitter then the website?

The website is siriusxmnews.com

The Twitter name was @siriusxmnews but I changed it today to @sxmnews and removed the logo pictured in the letter.
 

Proserpina

Senior Member
Just to add, when I read over all of this it seems like the issue is more with Twitter then the website?

The website is siriusxmnews.com

The Twitter name was @siriusxmnews but I changed it today to @sxmnews and removed the logo pictured in the letter.


I can certainly see a problem with both Twitter names.

The first is obviously quite blatant; the second less so but still it could easily be argued that it's recognizable to any Sirius fan.

Please standby though - I'm sure quincy and the other experts will be along to help :)
 

webhelppls

Junior Member
I can certainly see a problem with both Twitter names.

The first is obviously quite blatant; the second less so but still it could easily be argued that it's recognizable to any Sirius fan.

Please standby though - I'm sure quincy and the other experts will be along to help :)
Thanks for the reply. The first name is no longer in use, it was changed to sxmnews. Changing the name again is simple, my main concern is the Web URL, the twitter is less important.

Will wait to see what the experts think.
 

quincy

Senior Member
I, like Proserpina, see problems with your use of siriusxmnews.com.

I did not read the letter you received, but I did visit your site. The disclaimer you have posted that states your site is not affiliated in any way with Sirius XM Radio does little to protect you from a trademark infringement suit. The use of the name has already led visitors to your site with the possible expectation by the visitors that the site is affiliated with, endorsed or supported by, or connected in some other way with Sirius XM Radio.

I did not find it "obvious" that your site was not run by Sirius XM Radio.

Because of the initial consumer confusion caused by your use of "sirius xm" in your name, confusion that exists before a consumer even has a chance to read your disclaimer (if, in fact, they click on the link to your disclaimer, which many won't), Sirius XM Radio could certainly try to force the termination of your use of their name and could potentially shut down your website entirely, under trademark law principles.

Again, I did not read the letter you received and, therefore, do not know exactly what Sirius XM radio is asking you to do, or what they may be threatening to do if you don't meet their demands.

I suggest you have the letter reviewed by an attorney in your area to see if what is being asked or demanded of you is reasonable. If the Sirius XM Radio demands are for you to change your Web URL and to stop using their logos, I could see the demands as reasonable.

Good luck.

(by the way, your site is a very nice-looking one)
 
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webhelppls

Junior Member
Thanks Quincy. I contacted the EFF and they might help me out with some legal advice.

This is beyond my head, it will make the decision to dump Sirius Xm that much easier though!
:D
 

quincy

Senior Member
Intellectual property law is beyond a lot of people's heads. :)

The EFF is a good source for information. If the letter you received from Sirius XM Radio was a trademark infringement suit precursor, the EFF can perhaps help you structure an appropriate response.

Good luck.
 

webhelppls

Junior Member
I agree, the letter made no sense to me. Hopefully the EFF will be able to help me out.

The good thing is that this is not a DMCA take down notice, just seems like they wanted the Twitter Logo and Name changed, which I already did. I want to play it safe though and do the right thing, just a fan posting related news.

I guarantee if I dump my Domain Name they will take it in a heartbeat though.


One final question. Do you think it's a bad idea to email the lady's name on the letter to ask for clarification or should I not respond until I figure out the problem. I just want to make it right.

Again thanks for the suggestions, I will update if I hear anything from the EFF.
 

quincy

Senior Member
I don't see how asking for clarification would be a problem.

If you do not know exactly what Sirius XM Radio wants or expects from you, it will not only be hard for you to decide if what they want or expect is reasonable, it will also be hard for you to comply with any of their requests or demands. ;)

As long as you are contacting the EFF, you can get their opinion on this, as well, before acting.

Again, I wish you good luck. And an update would be nice.
 

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