What would you do?

[JasonS]

Hey guys,

Well, JaguarPC aren't happy at the moment about the vpswow name because they have the wowvps one. They've said the following to Karl ;

Karl, your company is infringing upon mine and you've been warned about this numerous times. You do not have our permission to use our company name or any derivative of it . You need to get with me and either work something out, or quite simply I will take this and you to court. Since my private attempts to reach and deal with you seem to meet deaf ears, Im using this as a last approach. Im sure our lawyers wont be nearly as friendly. Lets address this in an amicable manner.

Could anyone shed some light on where we would stand with this please because WHT simply support JaguarPC and I'd rather get opinions from you guys who don't side with people as much.

With Thanks,
Jason S

 

[iBrightDev]

already told you on MSN, he cant do anything to you legally.

 

[James]

This is an issue of branding and domain names. Wowvps Vs Vpswow right? To me it's not that clear whether they have such a 100% clean cut case. My suggestion is to post this on a forum where there are domain business experts - DNForum and Namepros. They have a forum for legal issues with domains such as this one. Don't take any rash decisions until you get some good advice.

 

[JasonS]

This is an issue of branding and domain names. Wowvps Vs Vpswow right? To me it's not that clear whether they have such a 100% clean cut case. My suggestion is to post this on a forum where there are domain business experts - DNForum and Namepros. They have a forum for legal issues with domains such as this one. Don't take any rash decisions until you get some good advice.

Tried going onto DNForum but you have to pay to use the legal advice section, which blows.

 

[James]

WHT simply support JaguarPC

Hey, there are a number of objective people too at WHT :cool2: What might be interesting to know is which WOW vps business started trading first. Is wowvps.com trademarks? What are the exact legal grounds they threaten you with?

 

[iBrightDev]

James, trademark would only hold water in the USA. to get trademarked, in another country like the UK, Jag would have to have a business location there too. not only that, the name is NOT trademarked in the USA or UK, so, legally, Jag cant do anything about it. I have already looked into this stuff for my business, that is why I am telling you. so, really, Jason, dont even worry about it. if you want to change the name anyways, then go for it, but, like i told you earlier, dont do it cause you are being bullied.

 

[JasonS]

Hey, there are a number of objective people too at WHT :cool2: What might be interesting to know is which WOW vps business started trading first. Is wowvps.com trademarks? What are the exact legal grounds they threaten you with?

Hey,

WOWVPS.com was registered a year or so ago according to Jag and they released early May whereas we released in early June.

They haven't stated any specific legal grounds.

 

[Technics]

Jason, try over at www.ukbusinessforums.co.uk - There's a large number of legal bod's on that site and they may be able to help you.

Personally, I'd just re-brand because if the other provider for any reason get's negative reviews the average end user may get you confussed and you then loose a customer.

Good luck though.

 

[JasonS]

Jason, try over at www.ukbusinessforums.co.uk - There's a large number of legal bod's on that site and they may be able to help you.

Personally, I'd just re-brand because if the other provider for any reason get's negative reviews the average end user may get you confussed and you then loose a customer.

Good luck though.

Have now done this, just hoping it gets me somewhere!

 

[TSO]

Jason, the folks at JaguarPC are $&@#@'s. I dealt with them in the past when I used to order servers there. Horrible, self-centered people, they are. Anyway, I don't think they really have a case against you - I would ignore them, if I were you. However, I would also consult with a lawyer to be sure of where you stand on this.

 

[JasonS]

Hey,

Thanks for the advice and support guys. The only problem is that WHT support Jag on this one, which could be really bad for business;

http://www.webhostingtalk.com/showthread.php?t=733876

 

[Technics]

If your basing things on what people on WHT think your doomed, It's a large forum - Yes - But it's not the most important place in the world.

Concentrate on what you do best - Make decisions based on what you believe is for the best - Not what people think or post on WHT.

 

[JasonS]

If your basing things on what people on WHT think your doomed, It's a large forum - Yes - But it's not the most important place in the world.

Concentrate on what you do best - Make decisions based on what you believe is for the best - Not what people think or post on WHT.

Personally, next to no clients come from WHT yet we are stable. So I suppose you are right. Thanks for the encouragement

 

[T^2]

Here's what I'd do:

1) Figure out if Jag has anything to back up its empty threats (if they have copyright or anything at all) - take into consideration that the 2 sites are based in different countries, and laws have a hard time swimming across oceans.

2) If they do not, and that seems to be the case, and if you are worried about WHT then on that thread just tell him to go ahead and "take you to court" and leave it at that. The ball's then in his court as he can either 1) look like a fool because his bluff has been called or 2) try to take you to court with nothing to back it up. Either way you win.

If you have some legal details and issues that you need help with let me know and I'll see if I can help you out.

And as a general rule, if a party can't win $30,000 in a law suit then there's no point to do it.

 

[Volt.Networks]

If their name hasn't been legally registered yet, then go get yours trademarked and call his bluff about going to court. :lol:

 

[JasonS]

If their name hasn't been legally registered yet, then go get yours trademarked and call his bluff about going to court. :lol:

I'm considering registering vpswow Ltd, then there's not a thing he can do since Companies House have passed it.

 

[JasonS]

Theres actually no fair side on it from us. Your not rebranding for me,
your doing it for yourself. You were aware of this before you conducted
business in the manner you did. Im trying to be nice about it though
but dont mistake my generosity as weakness. Having said that, I'll
consider it a domain purchase, allbeit an unnecessary one. Please push
the domain to me and I'll paypal you the $40 to get you where ever. Id like
to get a followup by you in public to acknowledge the rebranding on your
part and our offering of the new domain and $40 to help you with it.
Lets turn this ugly mess into a positive for everyone and move on with
our lives. In short , paint us as the good guys we are, and you as the
cooperative ones you've become

Best Regards,

Greg L.
JaguarPC.com - CEO
greg@jaguarpc.com
www.JaguarPC.com

Is he taking the ----ing piss?

 

[[JSH]John]

I guess he's realised he can't do anything, so he's hoping you'll sell the domain to him for $40? I wouldn't accept the offer because he can't do anything to you and there's no way of knowing if he'll actually send you the money.

 

[Dynash]

In short , paint us as the good guys we are, and you as the
cooperative ones you've become

Ironic, he's the one FORCING you to give up your domain on no legal basis.

 

[JasonS]

I guess he's realised he can't do anything, so he's hoping you'll sell the domain to him for $40? I wouldn't accept the offer because he can't do anything to you and there's no way of knowing if he'll actually send you the money.

That's a good point, but what if on the other hand, he CAN do something? Some semi-legal opinions were ;

They have a common law trademark at least for wowvps for hosting. Whether
it can cause likelihood of confusion or not really depends on them to prove it.

Talk to a lawyer.

Definitely get an appointment to talk with a lawyer asap. Like Dave said its on them to prove confusion or likely confusion.

Chances are they can claim common law tm... whether it will be enough to udrp successfully, that's another story. The domains do use the same words just reversed...

have you considered selling them the name?
for a reasonable price
save grief and legal expenses

Cheers
Corey

But they're offering only $40 and I can't afford a lawyer if he does have 'some' sort of ground.