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Copyright

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xsnetwork

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Ok, this morning, when I signed on to check my email, I was surpised to find this email in my inbox... it is as follows:
" From:
"chip" <chip@bionicmonkey.com>

To :
<Jake@bionicmonkey.co.uk>

Subject :
site name

Date :
Sat, 27 Apr 2002 03:29:55 -0500


Hello Jake,
My name is Chip Sbrogna, President and Co-Founder of BionicMonkey
Studios. Unfortunately, we copyrighted the name back in the year 2000 and
since we're a new but established Limited Licensing Company (LLC) we can't
have another site using our name. Now, I noticed from your site that you're
a student, so I decided to send a friendly email rather than pass the issue
off to our lawyers in the hopes that we can quickly resolve this without a
problem. I'm sorry to have to do this, but I have to ask you to rename your
site, and to do it quickly. Please reply within 48 hours to let me know
that this is indeed your first priority with all matters relating to the use
of the name "BionicMonkey". Otherwise, I'll be forced to forward this
matter to our attorneys.

Thanks for your cooperation, Jake.

Sincerely,
Ralph (chip) Sbrogna
President/Co-Founder
BionicMonkey Studios
http://www.BionicMonkey.com"

Has anybody got any ideas on where i stand or any places where I can get information on where I stand?... I have replied saying that I would stop using the name, but if I do, I want to know that they are standing on good ground and have good argument to the name. Thanks :)
 
Why not just rename your site and use the same domain?

Also, maybe Keith can help. He had a similar problem when he owned Weezer.org....
 
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Keep your name until you hear from their lawyers. Sounds like a bluff to me.
 
Oh shit... I can be sued by an oil company... because of my own domain...

But I haven't yet... and I agree with jan it is just a bluff trying to scare you.
 
because they say they own the rights to that name, which the domain name is, so I guess that still using that domain would also be classed as using it. I won't stop using the domain until they prove to me that they have good ground for me to do so.
 
Do you have the same content / services as them?

If no, it could be well hard for them to take the domain....
 
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I do not offer anything remotely similar to what they offer, they offer things such as game development etc. I was planning on having a news site, with reviews etc. I am planning on writing them an another email, but I do not know how to word it, and what sort of information I should ask for, as I do not have fax.
 
at the moment I am just waiting for what they reply with, but I am not going to back down too easily. They recoginse that I am a student, and seem to try using scare tactics with the mention of their attorneys. If they can provide substancial evidence that they own the rights to the name "BionicMonkey" and it applies over here in the UK I guess I will stand down, but until that happens, I will try and do whatever I can
 
Originally posted by xsnetwork
because they say they own the rights to that name,
Click to expand...
Nope, they don't say that. They say they
a) are a "Limited Licensing Company (LLC)".
b) "can't have another site using our name" :)

They don't want to have another site using their name, sure. I don't see that they say anywhere that the company name is protected.

I don't know what LLC is, but it doesn't sound like big business to me. Protecting a company name world wide isn't chicken shit. Most companies doesn't even bother protecting their names locally.

You aren't a company, you aren't commercial, you are in another country, your site is is personal.

Maybe Coca-Cola could make a case of something like this but I don't think these guys have a leg to stand on. If I were you I would write them a polite mail saying that you aren't aware of any international laws concerning domain names under different TLDs and ask that they point you to information about that.

If they were that concerned they could at least have taken the trouble to buy the com, net and org, don't you think? :p

Don't take my word for it, but it sounds like they are trying to fool you and scare you off.
 
"we copyrighted the name back in the year 2000 "... I will try and find some information about the protection of names internationally. I have also asked my host for advice on this matter, they may have some information available too. If they can not provide conclusive evidence, I will just cast it off as an empty threat, but if they do provide evidence, I don't see that I will be able to do anything about it
 
Oops. Anyway, "copyright" can't be for company names, not even in the U.S. Even if they have protected the name I don't think it applies to a domain name.
 
Originally posted by meow
Oops. Anyway, "copyright" can't be for company names, not even in the U.S. Even if they have protected the name I don't think it applies to a domain name.
Click to expand...
Thats true. Copyright doesn't apply to domain names. I read a post here once about a similar situation and a court case where the judge said that copyright doesn't apply to a domain name. I'll try to find it. If I do I'll edit this post with a link.
 
I can't think it even applies to a company name. Sorry, I don't know the English terms for this, but I don't think the rules vary that much from country to country. Copyright applies to your intellectual work, something you have created, and it doesn't need to be registered or put on paper anywhere. Write a novel and put it in a drawer. It's copyrighted the minute it's created.

A company name can be protected but that needs to be registered and it does cost you. World wide? Chees, look at that site. :biggrin2:
 
I'll write them another email asking whether they can show me proof that they own the rights to the name, and also if they can prove that it applies internationally
 
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