ProgrammingTalk


Welcome to the ProgrammingTalk forums. We are a programming, coding, and design oriented community dedicated to helping out with all different types of programming questions and languages.

You are currently viewing our board as a guest which gives you very limited access to view discussions and access our other features. In order to gain full access to this board, we require you to register. Registration is absolutely free and very easy to accomplish, simply click the link above to begin. If you have already registered with us, all you have to do is login.

If you have any problems with the registration process or your account login, please don't hesitate to contact Support.
Go Back   ProgrammingTalk > General Community > The Lounge
Closed Thread
 
Thread Tools Search this Thread Display Modes
  #1  
Old 08-10-05, 06:42 PM
netshark netshark is offline
Newbie Coder
 
Join Date: Apr 2005
Posts: 43
Question I am being sued by owner of scriptlance

I just got an email from scriptlance.com threatening me with legal action. Have you guys ever had this happen before. I mean this guy claims to own the trademark scriptlance.com but I registered the domain name scriptlance.ws. This domain sat un-registered for over 2 years.

Even if he does own the trademark scriptlance.com, does that mean that he would also own every domain with scriptlance in the name (even if he does not register it)

Not to mention the fact the he violated his own privacy policy stated in the site:

"Any information we collect, including your e-mail and mailing address, are not shared with any third parties nor do we use any personal information for any purposes"
"...nor do we use any personal information for any purposes"

I am here: http://scriptlance.ws

He is here: http://scriptlance.com

Here is the email he sent me after he suspended my account with money in escrow.

From: Rene <rene@r3n3.com>
To: netshark_server@yahoo.com, dns@jomax.net


This is the owner of ScriptLance.com

I suggest you immediately take down scriptlance.ws if you want to avoid
legal trouble. You are infringing on a trademark and we will take it
very seriously. If it's not done within 24 hours and I don't hear from
you I will be forced to contact my lawyer to discuss our legal options.

Reply ASAP.
-Rene Trescases
R3N3 Internet Services
http://www.scriptlance.com


I need your imput on this guys and gals.

Should I pull the site and buckle to him or should I tell him where to go and how to get there?
  #2  
Old 08-11-05, 02:48 AM
msprogram msprogram is offline
Newbie Coder
 
Join Date: Aug 2005
Location: TN
Posts: 6
Unhappy Tell you what ....

Do a search at : http://www.uspto.gov/index.html

Also ask what is trademarked, who is the owner, and what is the classification of the trademark. You can also ask that verification be faxed to you.

I did a search and found nothing. Is it a trademark or a servicemark.

Also, I would contact a local attorney who specializes in trademarks and patents and see what is the best route you should take.

I can understand why he's upset. You both are offering the same services with similiar names.

I already know the outcome, but I'll stay on the hush.


Ms. Program
  #3  
Old 08-11-05, 05:46 PM
eskick eskick is offline
Newbie Coder
 
Join Date: Jun 2005
Posts: 7
good luck


eskick.com
  #4  
Old 08-11-05, 07:15 PM
radarman012000 radarman012000 is offline
Newbie Coder
 
Join Date: Jul 2004
Location: Florida
Posts: 66
ScriptLance

You can't copyright a domain name. So therefore you cant be sued successfully. Scriptlance.com should have secured all derivitives of "Scriptlance.xxx" if they wanted to keep that name to themselves. They did not, and you purchased "Scriptlance.ws". Legally its yours. You didnt clone his site, you didnt steal his graphics, you didnt infringe on anything they have on their site, so you are legally in the clear.
  #5  
Old 08-11-05, 09:01 PM
Skeleton Man Skeleton Man is offline
Community Liaison
 
Join Date: Jun 2003
Location: Australia
Posts: 406
Quote:
Originally Posted by radarman012000
You can't copyright a domain name. So therefore you cant be sued successfully. Scriptlance.com should have secured all derivitives of "Scriptlance.xxx" if they wanted to keep that name to themselves. They did not, and you purchased "Scriptlance.ws". Legally its yours. You didnt clone his site, you didnt steal his graphics, you didnt infringe on anything they have on their site, so you are legally in the clear.
So if I registered a domain called monkeytree.com and the owner of the domain treemonkey.com tried to sue me because I use the words "Tree" and "Monkey", they would not have any legal grounds ?

I've worked for a site that changed their name because the owner of a rival site with a simmilar name threatened legal action.. It's wrong IMO..
  #6  
Old 08-12-05, 10:57 AM
FiRe FiRe is offline
Code Guru
 
Join Date: Oct 2004
Location: UK
Posts: 801
they dont own the trademark, where is the T icon in their name? they cant do anything about it they are trying to scare you with their lawyers when in fact they wont do anything! tell them that and see what they say...
__________________
Alexa Share <-- Trade virtual shares in websites with this online game.

codR.us <-- Submit and vote for your favorite code snippets with codR.us.

XEWeb.net <-- The ultimate PHP resource network.
  #7  
Old 08-12-05, 12:33 PM
radarman012000 radarman012000 is offline
Newbie Coder
 
Join Date: Jul 2004
Location: Florida
Posts: 66
You also cant Trademark a domain name. You can only trademark the contents of that domain, ie, the website itself, not the domain name.

A domain name is rented, not bought. You must renew your domain name at certain intervals, or it goes up for sale. You can't "buy" a domain name. You only own it for the time of your rental.

Now if you "cloned" their site, like i see so many requests for here, you may have a problem. Cloning means that you "copy" the look and feel of their site exactly, and sometimes not exactly. I have seen cloned sites that change only a few things, but overall that is not only tacky, but legally wrong. You may get legal action against you for that. But if you did not "clone" the other site, you have no worries. I have looked at both sites and you didnt clone it.

They see you a rival competition and therfore feel threatened that you may take away business, but they do not have a legal leg to stand on. They are trying bully tactics to get you to take your site down. Do not fall for it. You have every right to run your site. Competition is what drives the market place.

Stand your ground and they will go away

IMHO (researched of course)
  #8  
Old 08-12-05, 03:15 PM
msprogram msprogram is offline
Newbie Coder
 
Join Date: Aug 2005
Location: TN
Posts: 6
Red face Trademarks

However you can servicemark a domain name.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Identification of the copyrighted work (or works) that you claim has been infringed

Your address, telephone number, and e-mail address

A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

A clear description of where the infringing material is located on our web site, including as applicable its URL and any identifier of the host/user making such infringing material available, so that we can locate the material;

A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Case closed.
===========================
If Will Smith hadn't trademarked "Will Smith", the person who purchased WillSmith.com would have gotten away scott free. Only because Will Smith himself trademarked "Will Smith" this is what makes him the legal owner of the name whether .com, .net or .not. This is the security that trademarking gives you. $300 is worth it, but that's for one classification!

Last edited by msprogram : 08-12-05 at 03:23 PM. Reason: Forgot something...
  #9  
Old 07-24-08, 02:28 AM
vtrindade vtrindade is offline
New Member
 
Join Date: Jul 2008
Posts: 1
Thumbs down

I would like to know why scriptlance.com can`t be cloned, doesn`t scriptlance.com promote clone sites?
In fact, a big part of their projects are clone sites (just search), and they do nothing about it.

Let them taste a bit of their own blood.


What do you guys have to say?

Last edited by vtrindade : 07-24-08 at 02:30 AM.
  #10  
Old 07-24-08, 07:18 AM
phpdeveloper2004 phpdeveloper2004 is offline
Wannabe Coder
 
Join Date: Aug 2004
Posts: 137
I agree totally with vtrindade. Scriptlance can't sue you just by having a similarity in the domain names.
__________________
All programmers are talking to each other, do you?

For free help on any technology and free articles visit www.techcubetalk.com
The Following User Says Thank You to phpdeveloper2004 For This Useful Post:
vtrindade (07-24-08)
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Scriptlance clone in PHP Rapid Dr3am General Advertisements 5 11-18-08 02:38 AM
New ScriptLance Site needs your opinion netshark Website Reviews 1 08-01-05 03:06 PM
Question with chown - Change file owner ! Help pls kevin PHP 2 07-09-03 05:36 AM

Advertisement:

All times are GMT -5. The time now is 03:33 AM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Copyright © 1998-2008 ProgrammingTalk. All Rights Reserved. A division of iNET Interactive
Related iNET Interactive Sites:
Web Hosting Talk | Hot Scripts | OC Forums | Mac-Forums