url trademark infringement? cybersquatting?

[needanick99]

What is the name of your state? connecticut

(other affected state? florida, i think. also hosting in california.)

back in may, 2003 i purchased a domain name http://aquaticadvice.com/ after a falling out with a previous partner and extensive research to find a domain that wasn't "taken". last night i recieved a letter from another website with "aquarium" in it accusing me of cybersquatting and demanding that i give them the domain. a rather testy letter i might add. i replied with a basic incredulous reply and suggested that they should have bought the domain if they wanted it. that it was not my intention to infringe upon them and also a willingness to talk, just to keep communication open. but i also suggested that i thought this was harassment, per the tone of his letter. i had never even heard of the other place before last night!

both websites deal with similar topics and both have message boards. the accusing website has about 1600 members, mine is fairly new and has about 60. the similarity ends there. his website is totally comprised of a msg board and "portal" for the msg board (no actual pages), while mine has 43 actual web pages that i have created and the msg board. his board also sells things and has advertising, while mine is a totally free service. we both use the same "free" board (phpbb) but both of us have different "templates" or colors. and my web design is nothing like his portal. last night i went and looked and nothing about his site even comes close to suggesting mine or vice versa.

i guess the question would have to be are "aquarium" and "aquatic" close enough to constitute a violation? i did a search on the links provided and i didn't come back with his name as being registered trademark either.

i'm very confused. should i be worried?

i wasn't contacted by a lawyer, just a site owner (i think).

TIA,
jeff

 

[hexeliebe]

Unless the other party has a business registered (before the date of your website registration) in the name of AquaticAdvice and/or a trademark registration (which is very unlikely) there is no case.

The terms Aquarium and Aquatic are sufficently generic as to be non-protectable.

 

[needanick99]

thanks.

he also used the term "typosquatting".

i didn't think there was enough similarities either. advice is a very common word and aquarium and aquatic don't really have the same definition. it's not like it was his domain .net or something.

is there anything i can do to protect myself from further harassment that doesn't cost alot? such as registering my domain name as a trademark? it would be a shame to have all my work go down the tubes for some reason or another. i have alot of time into what's there now.

i do eventually plan on selling some advertising and possibly some basic products to defray the costs of the website. but this is mostly a hobby to me and i was sort of doing it to learn some programming outside of school. not to mention, i am pretty addicted to fishkeeping.

thanks for your help.

 

[hexeliebe]

I doubt seriously that you can copyright the name since you have no business and/or other 'connection' except the website. And it's pretty generic

If this worries you so much you could always consult a trademark attorney but then you're talking about $1,000s of hardearned money without an issue yet.

Remember, any proof that you are infringing would be the burden of the other party.

Just relax.

 

[needanick99]

thanks.

jeff

the irony here is probably something along the lines of we both got the basic idea elsewhere. i guess he's just trying to scare off any more competition. there are many other websites that have the same general format that he seems to be trying to protect or something that have also been around longer. neither of us is making the wheel, but both are trying to improve it somehow i suppose.

 

[divgradcurl]

hexeliebe is dead on.

Unless and until they come after you with a lawyer, ignore 'em.

 

[JETX]

The telling item in your post is "i recieved a letter from another website". Unless this letter is from an attorney, ignore it.

 

[needanick99]

i recieved another letter from this turkey yesterday. sort of, but not exactly a reply to my reply.....

it just contains more threatening verbiage basically, along with a note that he has contacted my hosting company with a copy of the original letter he sent to me. he's claiming i violated my TOS with them etc.... going back to the original allegation that he still hasn't proved. (or even contacted me seriously about, for that matter.) i'm not going to bother to reply to him on this one or anymore until i have a contact besides email.

i purchased my domain from my host company, so i doubt they will do anything either. but on the off chance they close me down, then what?

i also have a call into my normal "day to day" lawyer, but i doubt he will know much about internet law......

how can i stop this harassment? and if he does somehow manage to threaten my host company into interrupting my service is it worthwhile to pursue him on it?

any suggestions welcomed.

additionally, can anyone recomend a good place to find a lawyer that's versed in internet law in case i need to use one?

thanks all

jeff

 

[needanick99]

ah, i also went to the website and looked around. i even joined to see some parts of it and to make communication easier. he promptly deleted my account tho.

it seems he's only interested in threatening me, so it might be best to just ignore him and any further contact.


jeff

 

[JETX]

"how can i stop this harassment?"
*** This is NOT harassment. And the way to stop it is.... to not open any more letters from him. Your have played into his game by responding to him.... and confirmed both your contact information and that you take him seriously. Ignore him and he will eventually get tired of 'playing' and the contacts will stop.

Even by visiting his site and registering, you are clearly allowing this person to realize that he has gotten to you.