3
3mrhythm
Guest
I am In NH
here's my problem ...
about 4 years ago i started making techno music and started going by the dj name "MixMasterMurphy" i wanted to simplify it so i made it tripple-M but when i decided to finally get a website i decided to tack on the rhythm part to dispell any confusion .. so a few months back i registered the Domain name "www.3mrhythm.com"
I got an email the other day from 3M (the big company) saying that my owning of this domain name was infringing and diluting the impact of their mark .. they said this about my "offenses" :
"3M Company has used the “3M” trademark and trade name for many years in connection with a wide variety of products and services. 3M Company began using the 3M mark and name since at least as early as 1906 and has continuously used the 3M mark since that time in connection with its business, and presently offers over 50,000 products and services in a wide variety of fields under the 3M mark. 3M Company markets its products and services through its website at www.3m.com and www.mmm.com. 3M Company has over 300 U.S. trademark registrations for the 3M mark covering its various products and services. These products and services include, for example, construction supplies, aftermarket automotive supplies, abrasives products, adhesive products, fishing equipment, home cleaning products, electrical products, bonding supplies, surgical supplies, dental products, computer optical film, telecom systems, traffic control systems, stationery and office supplies, respirators, optical products, personal care products, animal care products, and pharmaceuticals (just to name a few).
3M Company has expended considerable effort and resources to build up goodwill in its mark and name. As a result, the 3M mark has become famous and is relied on by consumers around the world to identify 3M Company’s products and services. To ensure that consumers can rely on its trademarks, 3M Company must actively police uses of its trademarks on the Internet. Through those efforts, we have learned that you have registered the domain name(s) “3mrhythm.com.” Your actions are likely to result in confusion and are likely to dilute the distinctive quality of the 3M mark.
U.S. trademark laws prohibit the use of a mark or name if that use is likely to cause consumer confusion and also prohibit the dilution of famous marks like the 3M mark. 15 U.S.C. §§ 1114, 1125(a), 1125(c). A number of remedies are available for violation of U.S. trademark law, including: 1) recovery of defendant’s profits, 2) recovery of damages sustained by the plaintiff (in certain cases, a plaintiff may recover three times the amount of defendant’s profits or plaintiff’s damages), 3) recovery of plaintiff’s costs for the legal action, 4) injunctions to stop defendant’s activities, and 5) in certain cases, recovery of plaintiff’s attorney fees for the legal action. 15 U.S.C. §§ 1114, 1116, 1117. Moreover, the federal Anti-cybersquatting Consumer Protection Act provides for awards of attorney fees and statutory damages up to $100,000 per domain name for bad faith registration of domain names. 15 U.S.C. § 1125(d).
For these reasons, we must insist that you promptly cease any further use of the domain name(s) and transfer the “3mrhythm.com” domain name(s) to 3M Company by signing the enclosed transfer agreement (instructions concerning proper completion of the transfer agreement are set forth in the agreement) and by returning the agreement to us at your earliest convenience. Please note that the current registrant’s signature on page 1 of the transfer agreement must be notarized.
Please provide us with your written assurance by November 5, 2004 that you will comply with the terms of this letter. You may indicate your agreement by signing in the space provided below and returning the original signed letter to us for our records. By signing below, you are also agreeing not to use or register any domain names, trademarks or trade names in the future which include “3M” or other terms likely to cause confusion or dilute the distinctive quality of the 3M mark (including but not limited to “3-M,” “THREEM,” “THREE M,” “THREE-M,” and “MMM,” regardless of capitalization, whether singular or plural, or whether preceded by or followed by other letters, numbers or symbols). "
MixMasterMurphy is a name i am often associated with! and 3mrhythm is a name i have used for years 4+....
now i read the laws they sited .. and i dont believe any judge would rule in their favor ...
my site never claims to be affiliated with 3M ..
never on the site is 3+m next to eachother and alone.. always as 3mrhythm
i dont sell anything on my site that 3M offers ..therefore i am not causing them to lose any funds ..
i havent done anything to steer thier customers away from them, nor ever mention anything about them .. .
my intent was never to buy this site and sell it ...I never contacted them to sell my domain .. and by the remedies of the laws stated.. a judge would rule cybersquatting if the site was never used or was purchased then offered for sale .. or if i had a history of selling websites ...
i own one website .. this one .. no others... i use it only for a showcase of my photography and to sell live coral fragments to local hobbyists ...
so they told me that they want to take me to court over this ... personally i think they are just trying to scare me and get another domain name for free .. i havent emailed them back because i wanted advice first...
i have used the name 3mrhythm on many things ebay.. etc and to remove that site would be more than just removing the site i would have to change the login names of everything that am currently subscribed to ...
if company "Rob" found out that there was a website www.RobertaSmith.com they couldnt sue that website owner becuase the first three letters happend to be the name of their company ...
i need help ... please!
Thanks!
Chris
here's my problem ...
about 4 years ago i started making techno music and started going by the dj name "MixMasterMurphy" i wanted to simplify it so i made it tripple-M but when i decided to finally get a website i decided to tack on the rhythm part to dispell any confusion .. so a few months back i registered the Domain name "www.3mrhythm.com"
I got an email the other day from 3M (the big company) saying that my owning of this domain name was infringing and diluting the impact of their mark .. they said this about my "offenses" :
"3M Company has used the “3M” trademark and trade name for many years in connection with a wide variety of products and services. 3M Company began using the 3M mark and name since at least as early as 1906 and has continuously used the 3M mark since that time in connection with its business, and presently offers over 50,000 products and services in a wide variety of fields under the 3M mark. 3M Company markets its products and services through its website at www.3m.com and www.mmm.com. 3M Company has over 300 U.S. trademark registrations for the 3M mark covering its various products and services. These products and services include, for example, construction supplies, aftermarket automotive supplies, abrasives products, adhesive products, fishing equipment, home cleaning products, electrical products, bonding supplies, surgical supplies, dental products, computer optical film, telecom systems, traffic control systems, stationery and office supplies, respirators, optical products, personal care products, animal care products, and pharmaceuticals (just to name a few).
3M Company has expended considerable effort and resources to build up goodwill in its mark and name. As a result, the 3M mark has become famous and is relied on by consumers around the world to identify 3M Company’s products and services. To ensure that consumers can rely on its trademarks, 3M Company must actively police uses of its trademarks on the Internet. Through those efforts, we have learned that you have registered the domain name(s) “3mrhythm.com.” Your actions are likely to result in confusion and are likely to dilute the distinctive quality of the 3M mark.
U.S. trademark laws prohibit the use of a mark or name if that use is likely to cause consumer confusion and also prohibit the dilution of famous marks like the 3M mark. 15 U.S.C. §§ 1114, 1125(a), 1125(c). A number of remedies are available for violation of U.S. trademark law, including: 1) recovery of defendant’s profits, 2) recovery of damages sustained by the plaintiff (in certain cases, a plaintiff may recover three times the amount of defendant’s profits or plaintiff’s damages), 3) recovery of plaintiff’s costs for the legal action, 4) injunctions to stop defendant’s activities, and 5) in certain cases, recovery of plaintiff’s attorney fees for the legal action. 15 U.S.C. §§ 1114, 1116, 1117. Moreover, the federal Anti-cybersquatting Consumer Protection Act provides for awards of attorney fees and statutory damages up to $100,000 per domain name for bad faith registration of domain names. 15 U.S.C. § 1125(d).
For these reasons, we must insist that you promptly cease any further use of the domain name(s) and transfer the “3mrhythm.com” domain name(s) to 3M Company by signing the enclosed transfer agreement (instructions concerning proper completion of the transfer agreement are set forth in the agreement) and by returning the agreement to us at your earliest convenience. Please note that the current registrant’s signature on page 1 of the transfer agreement must be notarized.
Please provide us with your written assurance by November 5, 2004 that you will comply with the terms of this letter. You may indicate your agreement by signing in the space provided below and returning the original signed letter to us for our records. By signing below, you are also agreeing not to use or register any domain names, trademarks or trade names in the future which include “3M” or other terms likely to cause confusion or dilute the distinctive quality of the 3M mark (including but not limited to “3-M,” “THREEM,” “THREE M,” “THREE-M,” and “MMM,” regardless of capitalization, whether singular or plural, or whether preceded by or followed by other letters, numbers or symbols). "
MixMasterMurphy is a name i am often associated with! and 3mrhythm is a name i have used for years 4+....
now i read the laws they sited .. and i dont believe any judge would rule in their favor ...
my site never claims to be affiliated with 3M ..
never on the site is 3+m next to eachother and alone.. always as 3mrhythm
i dont sell anything on my site that 3M offers ..therefore i am not causing them to lose any funds ..
i havent done anything to steer thier customers away from them, nor ever mention anything about them .. .
my intent was never to buy this site and sell it ...I never contacted them to sell my domain .. and by the remedies of the laws stated.. a judge would rule cybersquatting if the site was never used or was purchased then offered for sale .. or if i had a history of selling websites ...
i own one website .. this one .. no others... i use it only for a showcase of my photography and to sell live coral fragments to local hobbyists ...
so they told me that they want to take me to court over this ... personally i think they are just trying to scare me and get another domain name for free .. i havent emailed them back because i wanted advice first...
i have used the name 3mrhythm on many things ebay.. etc and to remove that site would be more than just removing the site i would have to change the login names of everything that am currently subscribed to ...
if company "Rob" found out that there was a website www.RobertaSmith.com they couldnt sue that website owner becuase the first three letters happend to be the name of their company ...
i need help ... please!
Thanks!
Chris