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| I don't use the Trademark here and i'm sure its rather obvious why i don't lol. also a search engine could get a hold of it and start sending people here looking for the trademark owners address. I wish to have no connection with the trademark owner. so please bare with me.. and just a personal note here.. seems I don't know much about the legal system. Its worries me just to post information about the matter. See I don't have a full time lawyer and on top of that, unemployed. It sure was nice to get all the support from you all. Talk about stress. wow what a emotional roller coaster. I replied to the first email right off probably the next day after sleeping on it. saying this is my FCC amateur radio call sign, What would you like me to do. then waited a few days and never received any word. Then the panic sank in. Oh man I was thinking I was toast. What to do, What to do, I don't know about you but if a company with that kind of money send you a letter like that.. what would you do. An attorney was out of the question, (NO MONEY) and after all its only a hobby. Not sure if its worth house and home. Especially if its house and home and loose and Poor the the rest of your life. |
- First Email Recieved
- What I did?
- What Happened Next
- Final letter
- The Results
- Back to main page
| BY E-MAIL TRANSMISSION
Registrant:Mystiblue Computing
2011 Oregon Avenue
Caldwell, Idaho 83605
Administrative Contact:Tony Peterson
Re: N7QVC.COM
Dear Mr. Peterson:
Our client is the owner by assignment of a number of United States Certificates of Registration for the well-known mark ***. These marks are among our client's most valuable assets and must be protected against infringements and other misuses.Your unauthorized use of N7QVC.COM is an infringement of the *** marks. That is, your use of N7QVC.COM is likely to cause the public to believe that you are sponsored or approved in some way by our client. In addition, your use of N7QVC.COM constitutes false advertising, because it misrepresents the nature, characteristics, qualities and origin of your commercial activities. Your use of N7QVC.COM also dilutes the distinctiveness of our client's well-known marks. This likelihood of confusion, false advertising and dilution makes you liable for damages and subject to be enjoined under the Federal Trademark Act, 15 U.S.C. §1051 et seq.Furthermore, a bad faith intent to profit from the registration of N7QVC.COM makes you liable for statutory damages in an amount of up to $100,000 under the Anticybersquatting Consumer Protection Act of 1999.Our client, therefore, demands that you immediately cancel and delete the registration for N7QVC.COM and permanently refrain from any use of any imitation of the *** mark.If we do not hear from you by January 31, 2001, that you will immediately comply with our client's demand, we will not hesitate to take appropriate action to prevent your continued unauthorized use of the above-mentioned domain name.
Sincerely,
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| I Registered a new domain name ( in panic ) of www.livehomewebcam.com and transferred all files to there and asked Hostrocket to del N7QVC account and explained that I was about to be sued for trademark violation and copyright infringement Contacted the ARRL, FCC, Al Waller (QSL.Net) and asked for help. Al, (figured he had a large website and would know about such matters and possibly knew who would be able to help). I didn't register N7QVC.COM to make a buck. Its just a personal page for friends and hams to see who I am. Now it feels as though I can't do what I want with my website. I'm not sure but aren't I the owner of N7QVC.COM |
| I received an abundance of email from other people and hams.(Thank you again) Advising me that this was my FCC call sign and that I was not in violation of the trademark and that I had a legal right to this domain name and that I should contact other ARRL, The FCC, the pope lol and they proceeded to give me email address and URLs to check out. |
| BY E-MAIL TRANSMISSION
Registrant:Mystiblue Computing
2011 Oregon Avenue
Caldwell, Idaho 83605
Administrative Contact:Tony Petersen @ n77qvc@home.com
Re: N7QVC.COM
Dear Mr. Petersen:
Thank you for your reply to my correspondence of 1/4/01. I understand that N7QVC is your FCC authorized call sign and that you have integrated the same call sign into the domain name for your personal website.However, as I am sure you can understand, many others with less pure motives have appropriated the letters *** and used them in connection with websites that do engage in commercial activities. Indeed, some of these activities are so offensive that every precaution is taken to protect *** customers from inadvertent visitation of those sites. In order to protect the valuable *** trademark and its customers, we must take every precaution and be extremely vigilant of others' use of the mark, innocent or not.While we find nothing objectionable about the manner of use of the *** mark in your domain name, nevertheless, as the owner of a highly distinctive radio call sign and domain name yourself, I am sure you can understand the care with which we monitor ***s brand identity. As you indicated on your home page "Ham calls are unique, no one in the word (world?) has this symbol. They are our own trademark also there are lots of Tony Petersen's and john does and so forth and the only thing comes to mind that is unique like your call sign is your SSN."*** is the way in which ***, Inc. establishes its brand identity. Just as you would find troubling the use by another of your call sign or your Social Security Number, so does my client find it troubling when others use its valuable trademark without its permission.In order to resolve this matter, relying upon your representation that your use of the letters *** in your domain name are used only for your personal use, and not for commercial activities that would create the impression that you are affiliated or connected with***, Inc. in any way, we will take no further action.Thank you for your cooperation in this matter.
Very truly yours, |
| Well still on edge, Hoping its all over, Prying a little, Hoping things will get back to normal, still getting email from concerned hams ( Thank you ) a bunch of visitors, to the website. Interviews, Website being redirected to an unfavorable website, right at the time the public relations coordinator for the ARRL, is checking out my website, sending more email out than I have ever in the past. Hoping nothing happens to the attorney for ***, he was doing is job, Wondering if this could have been handled with out making such a big deal about it. I'm sure it could have been but that's the way it goes. Its not me to make waves. But put in a corner and no where to turn anything is possible. Thinking about adding a few more pages one is, Links to other personal ham sites that would like there link on these pages. If so email me and will get it going. Thinking about how care free i added things to my pages, not worrying about what I said or how I said it. Thinking about the valuable lesson I've learned. That is be careful what you say. How you say it and who you say it too. How valuable Friends and Family are in time of need. Look before you leap. What a wonderful hobby Amateur Radio is. The power of People. how powerful email can be. All and all its been a learning experience for me and want to thank again everyone, all hams, all friends and family for your Support.
N7QVC |
Revised:
September 16, 2001
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