my website

This is a discussion on my website within the Internet Law forum, part of the INTELLECTUAL PROPERTY & INTERNET LAW category; Ok so about a year or two i bought a domain borntorock.net and since then i've had a website with ...

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Old Nov 2nd, 2006, 08:55 AM   #1
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Ok so about a year or two i bought a domain borntorock.net and since then i've had a website with that domain and today i got this letter saying i should basiclly shut it down and can't renew the domain. I'll post the letter:

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we noticed yr proposed website under construction, borntorock.net.

BORN TO ROCK is the trademark of born to rock design incorporated, maker of BORN TO ROCK guitars, basses and accessory items such as t-shirts and guitar picks.

BORN TO ROCK guitars have been favorably received by the music press and musical artists. our trademark has been successfully enforced against prominent companies such as Ibanez and Manny's Music. it is incontestably registered in the U.S. patent and trademark office (no. 1846682 of July 26, 1994).

we are concerned that yr proposed operation of a GUNS N' ROSES website under our trademark BORN TO ROCK, will lead to confusion among musicians, fans and the media. moreover, it threatens to dilute our valuable goodwill in our BORN TO ROCK trademark for musical instruments and related goods and services.

this is especially so since while other prominent musicians purchase and use our patented BORN TO ROCK guitars, to our knowledge Slash does not -- he uses GIBSON guitars, made by our competition. GIBSON guitars are of an outdated design that is distinctly inferior to BORN TO ROCK guitars, so that any
mis-association of GIBSON guitars with BORN TO ROCK guitars would be harmful to our business and reputation. indeed, your under-construction website prominently features a photo of Slash using a competitive GIBSON guitar of a model (SG doubleneck) that was designed in 1962 (44 years ago).

you must have been aware of our website and our guitars when you selected the domain name borntorock.net. hence, yr unauthorized use of our trademark
rights would likely be considered wilful and intentional, subjecting you to enhanced damages and payment of attorneys' fees.

hence, we must request that you provide, by return email, yr assurance that yr proposed website borntorock.net will be immediately discontinued and the
domain name not renewed when it expires in 2007; and that you will discontinue the email address borntorockweb@hotmail.com and refrain from any further unauthorized use of our BORN TO ROCK trademark. we look forward to hearing from you soon. thank you.


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ok so i didn't even know this site existed.. what am i supposed to do? do i really have to shut down my site just cause they says so?
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Old Nov 3rd, 2006, 11:33 AM   #2
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i could really use some feedback please
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Old Nov 3rd, 2006, 12:38 PM   #3
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Please email wld at info@worldlawdirect.com and list born to rock. WLD lawyers will help outline a strategy for you to deal with this threat. The post you made is on file with WLD staff.
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