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Old 03-16-2008, 09:43 AM
muskie muskie is offline
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Default Trademark Infringement?

I just recieved a certified letter from a trademark attorney concerning a domain name I've owned for almost 3 years. The name is johndeerecollectorsclub.com. It is not a website it is just a domain name I own and is for sale. The attorney states that I have no right to use the John Deere name in a domain name. The attorney also states that Deere & Company insists I transfer the name to them. Can anyone advise me as what to do?
Muskie
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Old 03-16-2008, 11:34 AM
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cw1865 cw1865 is offline
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Default Re: Trademark Infringement?

You have a parked domain on godaddy. Are you going to do anything with it? If not, get rid of it because its not worth the fight.

If you are, what exact do you plan to do?

For you to defeat this you would need to establish a fair use exception to a cause of action for trademark infringement.

For instance, if the site that you developed was 'newsworthy' and/or if the content is unlikely to cause conffusion as to source, dilution of the brand name, etc.; the more likely you could defeat a trademark action.

Unfortunately, the name itself kind've implies that the collector's club is sponsored or otherwise supported by John Deere (at least in my mind), so tread carefully here.

Remember John Deere is a deep-pocketed industrial company and you're just you!
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Old 03-16-2008, 12:42 PM
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crankydave crankydave is offline
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Default Re: Trademark Infringement?

You cannot use the Deere name or sell it to anyone.

Now, if you have a truly good and honest means of utilizing it you can, if you wish, try and seek permission from John Deere. For example, if you were start an honest to goodness collectors club promoting them, they *MAY* consider the notion. But only with their blessings and written approval.

Other than that, I agree with cw1865. Get rid of it.

Dave
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