[epub] Re: Trademark violation

["Lois Carter Fay" <lcf@xxxxxxxxxxxxxxxxxxxxx>]

Dianne,

What did you decide to do? I never saw your final resolution. I would
definitely NOT remove Kendall's information. Owning a website URL is not the
same as owning a trademark. The person or persons who are running SRHaden do
not know what they are talking about. Personally, if I was Kendall, I'd
think about suing them for slander and copyright violation since she has
been using the name for much longer than they have.

To your success,
Lois Carter Fay, APR
Marketing Strategist, MarketingIdeaShop.com
Publisher, "MarketingIdeaShop BRAINY Tidbits" Weekly Ezine
Brainy ideas & resources for marketers & small businesses
411 Rainier Road, Massanutten, VA  22840  USA
540.289.3840 or 800.203.8660
http://www.marketingideashop.com
mailto:lcf@xxxxxxxxxxxxxxxxxxxxx

----- Original Message ----- 
From: Dianne Reuby
To: Epub Discussion Group
Sent: Wednesday, May 12, 2004 7:43 PM
Subject: [epub] Re: Trademark violation


When you look at http://srhadenindustries.com/ it's a "coming soon" page,
which includes contact info for Kendall Summerhawk. I haven't had a reply
from Kendall yet, but this is the reply I got from Haden, when I asked for
more info on their ownership:


Thank you for your reply.

S.R. Haden Industries (America) has owned the U.S. domain name, trade mark /
service mark
 'weekly marketing wisdom' since December 7th 2003.

Below see our registration data.

Whois Server Version 1.3

Domain names in the .com and .net domains can now be registered
with many different competing registrars. Go to http://www.internic.net
for detailed information.

   Domain Name: WEEKLYMARKETINGWISDOM.COM
   Registrar: AAAQ.COM, INC.
   Whois Server: whois.aaaq.com
   Referral URL: http://www.aaaq.com
   Name Server: A.DNS.HOSTWAY.NET
   Name Server: B.DNS.HOSTWAY.NET
   Status: ACTIVE
   Updated Date: 07-dec-2003
   Creation Date: 07-dec-2003
   Expiration Date: 07-dec-2004
We have attempted to contact Ms. Summerhawk several times on this matter to
have her remove
 her illegal use of our mark. We have received no response from her.
 Our legal department has advised us that since we own the web site name and
have our site published on the internet
 and are in the process of producing products, content and a weekly
marketing wisdom ezine,
 we have legal rights to that term and name. If you have any other questions
about the legalities of our ownership
 to this trade mark / service mark, we'd be glad to place you in contact
with our legal department and
 they will be the ones to answer your questions.

Yours Truly

Trade Mark / Service Mark Enforcement Department

S.R. Haden Industries


I know that owning a domain is not owning a trademark.
www.WEEKLYMARKETINGWISDOM.COM is a virtual copy of the haden website, also
with Kendalls contact details. The Google ads are for trade marking
services!

Thanks for the link to the US trademark site. I couldn't find that phrase
listed either. But if using a phrase on a website gives legal rights to that
phrase, we could all have legal rights to the entire dictionary!

I get the feeling that it's an internal squabble, as Kendall is listed on
their sites, or a scam of some sort. But ... should I remove that article? I
don't want legal trouble, but I wouldn't like to think I wasn't backing up a
fellow author! The article is listed on other sites, such as SitePro News -
p'raps I'll see if they've had any email from this firm.

Thanks for all the feedback!


Dianne Reuby
First Web Builder
http://www.firstwebbuilder.co.uk
Swindon Virtual Office
http://www.swindonvirtualoffice.co.uk
Free Site Builder
http://www.freesitebuilder.co.uk