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R

rod105

Guest
Some background.... a young man creates a web site and registers the sites domain name "linuxnewbie.org", a message board helping people learn "linux". This web site becomes very popular and he sells out to a company named "INT Media Group, Incorporated". INT Media Group, Incorporated employ him as the sites administator for a time.

Then "INT Media Group, Incorporated" falls upon hard times and releases this young man. Some of the members of "linuxnewbie.org" leave and create a new web site, a message board called "linuxnewbieboard" and register that domain name. INT Media Group, Incorporated, it seems, does not appreciate the newly formed web site and forwards the following email to the "linuxnewbieboard" administrator:

INT Media Group, Incorporated
23 Old Kings Highway South
Darien CT 06820
USA

June 4, 2001

VIA FIRST CLASS MAIL
AND E-MAIL: My email

My name
My address

RE: Use of the trademark ?linux newbie?

Dear Mr. :

I have recently been made aware of your Web site and two domain names http://www.linuxnewbieboard.com and http://www.linuxnewbieboard.org. Please note that ?linux newbie? (the ?Mark?) (disclaiming any rights to the Linux mark) is a trademark of INT Media Group, Incorporated (?INTM?). It is
your use of the Mark which is of concern to INTM.

As you may know, INTM is a supporter of the open-source and Linux community which is evidenced by a variety of Web sites published by INTM such as http://www.linuxapps.com, http://www.alllinuxdevices.com, Enterprise Linux Today (www.eltoday.com), http://www.linuxprogramming.com, http://linuxtoday.com, http://www.linuxplanet.com, http://www.linuxstart.com, http://www.linuxcentral.com, http://www.justlinux.com, and http://www.linuxnewbie.org.

The reason for my letter is that we are concerned that people will confuse your ?linuxnewbieboard? Web site with our Web site, http://www.linuxnewbie.org. As you may imagine, it is a strong possibility that Web site visitors might believe that there is some relationship between your Web site and ours due to the fact that the URLS from your Web site and ours are almost identical.

Therefore, while we fully support your continued efforts in the Linux community and your Web site, we ask that you please stop using the Mark and the http://www.linuxnewbieboard.com and http://www.linuxnewbieboard.org URLs. We further request that you transfer the two domain names to INTM. INTM will reimburse your costs of domain name registration. Please contact me within ten (10) days to confirm you will comply with this letter.

I thank you for your anticipated cooperation and please contact me with any questions.

Sincerely,


Max Iori
Counsel


I have searched to find out if the name "linuxnewbie" has been trademarked and found nothing. Also the new site is privately owned and non-profit. Any suggestions would be appreciated. The community at "linuxnewbieboard" does not want to just roll over and relinquish the domain name to "INT Media Group, Incorporated".

Regards,
Rod........ a member of linuxnewbieboard

 


ALawyer

Senior Member
Adding some more words to a registered trademark is normally NOT sufficient if the essence of the trademark is still there. For example, do you think I could call a company IBM2 or NewMicrosoft?
 

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