F
fredr
Guest
hello
before we pay good money to file a complaint with an ICANN approved dispute service resolution provider, i would like to get some opinions to what the possible outcome might be.
we have claimed the "chef2chef" and "cheftochef" trademarks on our website since 10/99. an application for the "chef2chef " trademark was filed 9/2000 and according to the examining attorney should be granted shortly.
on 11/2001 another company obtained the "cheftochef.com" domain and also claims the trademark. the site is not chef/culinary/cooking oriented but only provides a generic internet directory service. WIPO in an earlier case issued these findings in regard to the registrant:
"Moreover, as shown previously, [name removed] has developed a method for tracking and registering released domain names, whose registration period has recently expired, as it was the case of the disputed domain name. Apparently, [name removed] is using such a method for further reselling those domain names to their legitimate owners, as it was the case of <everydayhate.com> domain name.
Consequently, in the present case it is clear that at the time of registering the disputed domain names, the Respondent was basing its behaviour on criteria completely opposed to good faith, as the Respondent perfectly knew that he was using a third party’s trademark."
in an action to also secure the "cheftochef" trademark, we filed an additional application on 3/2002. we use both "chef2chef" and "cheftochef" in our current operations and have evidence using them since 10/99.
We feel that their use of "cheftochef.com" and the use of the name of "cheftochef" is not only confusingly similar but does indeed cost us visitors that inadvertently type "to" instead of the numeral "2".
Any advice on how to proceed would be appreciated.
Fred Roosli
Chef2Chef.Net
before we pay good money to file a complaint with an ICANN approved dispute service resolution provider, i would like to get some opinions to what the possible outcome might be.
we have claimed the "chef2chef" and "cheftochef" trademarks on our website since 10/99. an application for the "chef2chef " trademark was filed 9/2000 and according to the examining attorney should be granted shortly.
on 11/2001 another company obtained the "cheftochef.com" domain and also claims the trademark. the site is not chef/culinary/cooking oriented but only provides a generic internet directory service. WIPO in an earlier case issued these findings in regard to the registrant:
"Moreover, as shown previously, [name removed] has developed a method for tracking and registering released domain names, whose registration period has recently expired, as it was the case of the disputed domain name. Apparently, [name removed] is using such a method for further reselling those domain names to their legitimate owners, as it was the case of <everydayhate.com> domain name.
Consequently, in the present case it is clear that at the time of registering the disputed domain names, the Respondent was basing its behaviour on criteria completely opposed to good faith, as the Respondent perfectly knew that he was using a third party’s trademark."
in an action to also secure the "cheftochef" trademark, we filed an additional application on 3/2002. we use both "chef2chef" and "cheftochef" in our current operations and have evidence using them since 10/99.
We feel that their use of "cheftochef.com" and the use of the name of "cheftochef" is not only confusingly similar but does indeed cost us visitors that inadvertently type "to" instead of the numeral "2".
Any advice on how to proceed would be appreciated.
Fred Roosli
Chef2Chef.Net