Notice of Trademark Infringement - PLANTRONICS (little help please)
Last Update: June 04, 2012
Today I received this email..
Plantronics, Inc. (“Plantronics”) is the world's leading designer, manufacturer and marketer of communications headset products. We are the owner of several United States trademark registrations for the PLANTRONICS trademark, including U.S. Registration No. 1020399, registered September 16, 1975. This registration has been in full effect for over 36 years and long ago achieved incontestable status. Plantronics has exceptionally strong rights in this famous mark with registrations in the US and abroad. In addition, Plantronics owns several trademark registrations for the BACKBEAT trademark here and abroad.
It has come to our attention that (removed) has registered and is using the PLANTRONICS(removed).COM domain name. Such use of the PLANTRONICS(removed).COM domain name infringes upon Plantronics’ trademark rights in its PLANTRONICS and BACKBEAT trademarks and is in violation of the Anti-cybersquatting Consumer Protection Act (ACPA) of 1999.
Plantronics would prefer to settle this matter amicably provided that the following demands are met:
1) You immediately transfer the PLANTRONICS(removed).COM domain name to Plantronics by providing us with the authorization code from your Registrar, and
2) You certify in writing that you have no other Plantronics trademarks incorporated into your domain name registrations and will refrain from doing so in the future.
To begin the domain name transfer process as mentioned in item 1), please request the authorization code from your Registrar and provide the code to me by email. Please also insure that your domain name is unlocked for transfer; if you are unsure of the process to unlock your domain, please contact your Registrar.
I look forward to your response by June 14, 2012. Thank you for your prompt attention to this matter.
Sincerely,
Plantronics, Inc. (“Plantronics”) is the world's leading designer, manufacturer and marketer of communications headset products. We are the owner of several United States trademark registrations for the PLANTRONICS trademark, including U.S. Registration No. 1020399, registered September 16, 1975. This registration has been in full effect for over 36 years and long ago achieved incontestable status. Plantronics has exceptionally strong rights in this famous mark with registrations in the US and abroad. In addition, Plantronics owns several trademark registrations for the BACKBEAT trademark here and abroad.
It has come to our attention that (removed) has registered and is using the PLANTRONICS(removed).COM domain name. Such use of the PLANTRONICS(removed).COM domain name infringes upon Plantronics’ trademark rights in its PLANTRONICS and BACKBEAT trademarks and is in violation of the Anti-cybersquatting Consumer Protection Act (ACPA) of 1999.
Plantronics would prefer to settle this matter amicably provided that the following demands are met:
1) You immediately transfer the PLANTRONICS(removed).COM domain name to Plantronics by providing us with the authorization code from your Registrar, and
2) You certify in writing that you have no other Plantronics trademarks incorporated into your domain name registrations and will refrain from doing so in the future.
To begin the domain name transfer process as mentioned in item 1), please request the authorization code from your Registrar and provide the code to me by email. Please also insure that your domain name is unlocked for transfer; if you are unsure of the process to unlock your domain, please contact your Registrar.
I look forward to your response by June 14, 2012. Thank you for your prompt attention to this matter.
Sincerely,
Join the Discussion
ThomasPaul
Premium
My thoughts: Did you verify the email actually came from that company? I'm no attorney, but I think they do have a case of trademark infringement against you.
Any time you do register a domain with a trademark in it you are taking a risk, as mentioned before some companies are more agressive about it than others. Part of having a trademark means protecting that trademark. If you don't actively protect your trademark, you can lose it.
I'm inclined to let them have the domain name. I'd rather give up a domain than risk being involved in a lawsuit. I would probably consult a lawyer just to make sure I'd be in the clear by surrendering the domain name.
Any time you do register a domain with a trademark in it you are taking a risk, as mentioned before some companies are more agressive about it than others. Part of having a trademark means protecting that trademark. If you don't actively protect your trademark, you can lose it.
I'm inclined to let them have the domain name. I'd rather give up a domain than risk being involved in a lawsuit. I would probably consult a lawyer just to make sure I'd be in the clear by surrendering the domain name.
mhamilt
Premium
Yeah, it's scary when you get hit with stuff like this. I know Jay and others go on about how it's okay to put company trademarks in your domain, but after an incident similar to this I do not do it any more. While many companies won't care (such as clickbank merchants or small Amazon retailer) many others WILL. The best way to deal with this is to download your website, and transfer the domain to them. Or get a lawyer (probably not practical). Mark.
traykor
Premium
I thought it was ok to use a trademark as long as I was talking about the actual product and not using the trademark to bring traffic for other reasons? Also wouldn't the "ear force x41" that Jay created also be at risk for trademark issues as well? How does one deal with emails like this?
morlandroger
Premium
I think the difference is between using the name of a product for a review, which presumably they allow as they run a partnership scheme. They are very precise however about use of their own name and images http://www.plantronics.com/media/dealers/Connect_Branding_Guidelines_EMEA.pdf No way can you promote your own site as being part of the group, and by using the Plantronic name itself then that is what it appears you are doing. Give it up once you are sure that the mail is genuine.
Jay's ear force x41 is the name of the product, not the name of the company. He avoided using that.
Jay's ear force x41 is the name of the product, not the name of the company. He avoided using that.
Traykor's Posts
15 posts
2 comments
1 like
2 comments
1 like
10 comments
1 like
0 comments
1 like
8 comments
4 likes
3 comments
1 like
2 comments
2 likes
12 comments
0 likes
0 comments
0 likes
15 comments
1 like