Comments on: We Got A Trademark Infringement Letter!

By: Sometimes a simple phone call goes a long way…

Sometimes a simple phone call goes a long way… — Tue, 29 Jan 2008 03:12:43 +0000

[...] as it was in violation of a their trademark. I won’t go into the details but encourage you to read the letter he received here about an apparent trademark infringement on the name [...]

By: Open Letter To Justin Woo at semvironment Interactive, Inc. | semvironment

Open Letter To Justin Woo at semvironment Interactive, Inc. | semvironment — Mon, 28 Jan 2008 21:01:24 +0000

[...] consulting with our attorneys within a few days of receiving your trademark infringement letter, we were informed of these [...]

By: Justin Woo

Justin Woo — Fri, 25 Jan 2008 23:36:01 +0000

@James

Nope not going to SMX…

Also, leaving your blog now to start enjoying my weekend…

Please be reasonable - so i can add you back to my “good people/companies” list and who knows maybe we can direct you some SEO/PPC business instead of sicking the hounds on you… LOL

By: jameszol

jameszol — Fri, 25 Jan 2008 23:23:32 +0000

@Justin

BTW - are you going to SMX West?

By: jameszol

jameszol — Fri, 25 Jan 2008 23:23:14 +0000

@Justin

If Matt is an attorney then I stand corrected. Thanks!

I agree - we do have better stuff to do.

Thanks for stopping by and I appreciate your remarks.

By: Justin Woo

Justin Woo — Fri, 25 Jan 2008 23:12:01 +0000

James:

Matt Beshear, the president of semvironment Interactive, is a member of the California Bar Association (so he’s a lawyer). If you do not change the name by the date specified you will be contacted by Morgan Lewis our IP Attorneys (they are also lawyers and they charge a lot) Just do the right thing and change the name - you have only been using it for a couple months and i guarantee you will lose - don’t waste our time and yours. We all have better stuff to do.

Have a great weekend,
Justin

By: Costa Rica SEO

Costa Rica SEO — Fri, 25 Jan 2008 21:51:56 +0000

Scribd is a great place to share documents, but they don’t seem to like my e-book files. I’m hoping that all of my files become public soon. Until then I’ll probably write a few SEO docs and keep them there. Just need to get a few more client projects off of my plate first.

Good luck with this, and I’m glad that I can help. Thanks for keeping the good info flowing.

By: jameszol

jameszol — Fri, 25 Jan 2008 17:43:30 +0000

@Cost Rica SEO

Nice work!

I remember doing some research on that but I didn’t recall the class sections or exact details - that is very important and I wonder how lawyers would prove/disprove that point?

Very interesting and thanks for helping!

Also, nice find with scribd - I never heard of them until now…very useful!

By: Costa Rica SEO

Costa Rica SEO — Fri, 25 Jan 2008 16:25:27 +0000

I’ve made it easy and uploaded the certificates to scribd:
http://www.scribd.com/doc/1561180/Registration-Certificates

The trademark states:
“For: Computer services, namely, designing, implementing, creating and maintaining web sites for others, in class 42 (U.S. CLS. 100 and 101)”

Class 42 from:
http://www.lawyers-abogados.net/en/Resources/trademark_international-classes-goods-services.htm

Class 42 Services, scientific, research, design.

Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

Class 42 includes mainly services provided by persons, individually or collectively, in relation to the theoretical and practical aspects of complex fields of activities. Such services are provided by members of professions such as chemists, physicists, engineers, computer specialists, lawyers, etc. While medical research remains within Class 42, medical treatment services are reclassified into Class 44.

So it appears that your business would fall under class 35 which is: advertising; business management; business administration.

Keep in mind that I am no lawyer, but I would think that if you state that your business is one of advertising only, then you should be free from their scope. Though that’s your lawyers job to prove, and their lawyers job to disprove.

Hope that helps.

By: jameszol

jameszol — Thu, 24 Jan 2008 22:35:12 +0000

Thank you for stopping by Sarah! We’re looking forward to your trademark posts!

BTW - Link is fixed now…but the session might expire again soon.