โดเมนผมเป็นคำสามัญธรรมดาทั่วๆไปมาก ประมาณว่า "ilovethailand
" (ยกตัวอย่างนะครับ)
สงสัยมีคนไปฟ้องร้องกับทางโฮส แล้วก็โดนเก็บครับ
แล้วผมจะมีหนทางต่อสู้ยังไงบ้างไหมครับ
Hello,
We have received what appears to be a valid trademark complaint, involving domains under your control. Please note that HostGator has only passed on the validity of the Claimant's notice and has not sought to determine whether the Infringing Materials on the Web Site do indeed infringe upon the Claimant's intellectual property rights. We therefore strongly recommend that you immediately remove the infringing materials.
You are required to contact us within the next 48 hours with the steps you have/will take to remedy this situation. If a response has not been received within a 48 hour period, we will be forced to disable this material in accordance with federal trademark laws.
A copy of the original notice is pasted below:
Dear HostGator.com, LLC,
I am the Chief Legal Officer of World Access, Inc. World Access, Inc.
is the holding company for certain of its wholly-owned subsidiaries that
provide and administer travel insurance and assistance products and
services under the brand name "xxxxxxx" World Access, Inc. is
the owner of the following service mark ("the Service Mark"), which is
registered with the U.S. Patent and Trademark Office:
Service Mark:xxxxxxxx
Serial Number: xxxxxxx
Goods and Services: G & S: TRAVEL INSURANCE BROKERAGE SERVICES; G & S:
PROVIDING ASSISTANCE TO TRAVELERS WITH MEDICAL, LEGAL AND OTHER RELATED
EMERGENCIES THROUGH THE PROVISION OF REFERRALS, LEGAL ASSISTANCE,
MEDICAL ASSISTANCE AND EMERGENCY MEDICAL EVACUATIONS.
Filing Date: May 19, 1988
Registration Date: September 19, 1989
It has come to my attention that HostGator.com, LLC is the host of two
domain names, "yyyyy" and
"xxxxxx" ("the Domains"), which contain
websites that make repeated references to the Service Mark.
World Access, Inc. has not authorized either of the registrants of the
Domains to use the Service Mark, either in the Domains' names themselves
or the websites hosted on the Domains. With respect to the Domains
themselves, (1) the Domains are identical or confusingly similar to our
Service Mark; (2) the registrants have no rights or legitimate interests
in respect of the domain names; and (3) the registrants' registration
and use of the Domains are clearly in a bad faith attempt to profit from
the Service Mark. Further, the websites published on the index and most
(if not all) subpages of the Domains contain repeated references to the
Service Mark for obvious commercial purposes in a manner that is likely
to confuse consumers as to the source and/or sponsorship of the content
of the websites.
As such, the registrants' use of our Service Mark on the Domains, both
in the domain names and on the websites existing on the Domains, is in
clear and certain violation of World Access, Inc's intellectual property
rights in the Service Mark and, among other international, U.S. federal
and state laws, the Lanham Act and the Anticybersquatting Consumer
Protection Act. Further, the registrant's use of the Service Mark is in
violation of the rules of the Internet Corporation for Assigned Names
and Numbers ("ICANN") Uniform Domain Name Dispute Resolution Policy
("UDRP") and the HostGator.com, LLC Terms of Service.
We respectfully request that HostGator.com, LLC immediately disable
access to and/or otherwise remove all content from the websites hosted
by HostGator.com, LLC on both of the Domains.
Thank you for your time, and please do not hesitate to contact me with
any questions, or if you require any further information, at the e-mail
address below.
Sincerely,
Frederick M. Faett
Chief Legal Officer
Joshua F. Clowers
Counsel, USA
Host and Domain
