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infringements notice for my website - please advice
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Spike Offline
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Post: #26
RE: infringements notice for my website - please advice
(09-18-2011 09:19 PM)Gmac Wrote:  I don't think they have a case at all. But it might not be worth the hassle.

I agree to this, i will find out first how strong of a case they have. I might just be bluff.
Are they gonna sue any using the words Lonely planet ? Like i said before there are loads of websites using those exact words.

If i start a website called : around the world eating 80 apples. I like apples.

Is Apple ( the computer company) gonna sue me too ?

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 12:35 PM
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Spike Offline
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Post: #27
RE: infringements notice for my website - please advice
(09-17-2011 03:12 PM)speakeasy Wrote:  I'm not sure what type of dimbulb would confuse your site for lonely planet. Only legitimate issue I can think of on their part is that search engines may funnel searches to your site when someone types in "lonely planet". I think that may be a valid complaint.

i googled the words lonely planet and i my site doesnt show up in the first 30 pages of search results and i wonder if im even in the first 100 pages.

No issue here.

When i type lonely planet and the word girls i show up and the end of page 1 , so that might be a issue for them.

If i type lonely planet and the word sex, sites like this show up : http://www.thepanamareport.com/culture/p...women.html

Ae they gonna write to everyone on the net who uses the words lonely planet ? Is not like they are special brand words like microsoft,xerox,armani or the like.

And how about this book ?
http://www.cbc.ca/books/reviews/2001/06/...e-guy.html

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
(This post was last modified: 09-19-2011 12:51 PM by Spike.)
09-19-2011 12:46 PM
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Menace Offline
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Post: #28
RE: infringements notice for my website - please advice
Neil,

Lonely Planet appears to be a valid registered trademark with the US Patent & Trademark Office, therefore they have enforceable rights. So you are wrong that it is not a "special brand." Whether or not they have a case in the sense that if they went to court would they prevail on the factual and legal merits is not the issue (yet). All that is required is for one of their attorneys to contact your host and tell them that they think you in violation of their trademark, and your host, in an abundance of caution and not wanting to get into needless litigation, will take your site down. Also, just because others may or may not be misusing the term "Lonely Planet" is not relevant to you. "The other guy does it too" is not a valid defense in almost any legal regime.
09-19-2011 01:17 PM
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Spike Offline
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Post: #29
RE: infringements notice for my website - please advice
(09-19-2011 01:17 PM)Menace Wrote:  Neil,

Lonely Planet appears to be a valid registered trademark with the US Patent & Trademark Office, therefore they have enforceable rights. So you are wrong that it is not a "special brand." Whether or not they have a case in the sense that if they went to court would they prevail on the factual and legal merits is not the issue (yet). All that is required is for one of their attorneys to contact your host and tell them that they think you in violation of their trademark, and your host, in an abundance of caution and not wanting to get into needless litigation, will take your site down. Also, just because others may or may not be misusing the term "Lonely Planet" is not relevant to you. "The other guy does it too" is not a valid defense in almost any legal regime.

Ok, that sheds a different light to the case. Im superbusy today and will look in to it tomorrow. I still have a few days to reply.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-19-2011 01:43 PM
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oldnemesis Offline
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Post: #30
RE: infringements notice for my website - please advice
(09-19-2011 12:17 PM)Neil Skywalker Wrote:  A possible reply will be that more sites use the phrase "not so lonely planet". i did a google search on it.
http://www.google.com.py/search?aq=f&sou...ely+planet

This doesn't matter unless you're going to argue their trademark is already diluted, but I wouldn't rely on it.

Quote:Are they gonna sue any using the words Lonely planet ?

Depends on context (see trademarks). For those which are relevant they actually have to as otherwise they may eventually lose the trademark protection.

The most important question for you, however, should be if you're going to get sued, and what would it mean for you.

Putting ® after "lonely planet" and making a footnote saying "Lonely Planet is a registered trademark of Lonely Planet Publications Pty Limited" may be enough in your case, but you need to talk to a lawyer since you already received the infringement notice.
09-19-2011 06:33 PM
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Spike Offline
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Post: #31
RE: infringements notice for my website - please advice
(09-19-2011 06:33 PM)oldnemesis Wrote:  
(09-19-2011 12:17 PM)Neil Skywalker Wrote:  A possible reply will be that more sites use the phrase "not so lonely planet". i did a google search on it.
http://www.google.com.py/search?aq=f&sou...ely+planet

This doesn't matter unless you're going to argue their trademark is already diluted, but I wouldn't rely on it.

Quote:Are they gonna sue any using the words Lonely planet ?

Depends on context (see trademarks). For those which are relevant they actually have to as otherwise they may eventually lose the trademark protection.

The most important question for you, however, should be if you're going to get sued, and what would it mean for you.

Putting ® after "lonely planet" and making a footnote saying "Lonely Planet is a registered trademark of Lonely Planet Publications Pty Limited" may be enough in your case, but you need to talk to a lawyer since you already received the infringement notice.

I will type up a reply to lonely planet in the next days. Stating the points i made above. I'll see what happens.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-20-2011 02:33 PM
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Jalouse Offline
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Post: #32
RE: infringements notice for my website - please advice
I personally would just ignore the first one and see what they follow it up with. I did have a similar situation where I was sent a similar mail that i was infinging on a trademark, i just ignored it and never heard from them again. I guess they didn't want to go through the hassle of trying to sue me.
In my case it was a business and it was the domain name so i did have something to lose in your case unless you try to get some publicity out of it there is no upside or downside. Keeping the tagline makes zero difference to your website and the same if you remove it or change it.
Going through legal channels is also a waste of time if they follow up with further action, they have big resources, you don't so even a couple of hours legal time is a large waste of money.
09-20-2011 04:42 PM
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Spike Offline
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Post: #33
RE: infringements notice for my website - please advice
(09-20-2011 04:42 PM)Jalouse Wrote:  I personally would just ignore the first one and see what they follow it up with. I did have a similar situation where I was sent a similar mail that i was infinging on a trademark, i just ignored it and never heard from them again. I guess they didn't want to go through the hassle of trying to sue me.
In my case it was a business and it was the domain name so i did have something to lose in your case unless you try to get some publicity out of it there is no upside or downside. Keeping the tagline makes zero difference to your website and the same if you remove it or change it.
Going through legal channels is also a waste of time if they follow up with further action, they have big resources, you don't so even a couple of hours legal time is a large waste of money.

Too late, i just mailed them that im formualting an answer in the next few days. I bearly have money to travel left so lawyers are out of the question for me. Ill ask my friends to make a new banner in the next few days, wanted to change it anyway. ill let him make one with and one without the catchphrase.

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-21-2011 05:54 PM
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gig Offline
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Post: #34
RE: infringements notice for my website - please advice
(09-17-2011 12:46 PM)Neil Skywalker Wrote:  I assist with the management of Lonely Planet Publication Pty Ltd’s brands, trade marks

Companies are required by trademark laws to send these kind of notices, as they are required to prove that they are actively trying to protect their trademark, in case it ever gets to court.
(This post was last modified: 09-21-2011 06:08 PM by gig.)
09-21-2011 06:07 PM
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Spike Offline
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Post: #35
RE: infringements notice for my website - please advice
(09-21-2011 06:07 PM)gig Wrote:  
(09-17-2011 12:46 PM)Neil Skywalker Wrote:  I assist with the management of Lonely Planet Publication Pty Ltd’s brands, trade marks

Companies are required by trademark laws to send these kind of notices, as they are required to prove that they are actively trying to protect their trademark, in case it ever gets to court.

Ah i like the way that sounds, so do you think they are gonna make a big deal about it ?

Book - Around the World in 80 Girls - The Epic 3 Year Trip of a Backpacking Casanova

My new book Famles - Fables and Fairytales for Men is out now on Amazon.
09-23-2011 12:39 AM
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Caligula Offline
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Post: #36
RE: infringements notice for my website - please advice
(09-19-2011 12:35 PM)Neil Skywalker Wrote:  
(09-18-2011 09:19 PM)Gmac Wrote:  I don't think they have a case at all. But it might not be worth the hassle.

I agree to this, i will find out first how strong of a case they have. I might just be bluff.
Are they gonna sue any using the words Lonely planet ? Like i said before there are loads of websites using those exact words.

If i start a website called : around the world eating 80 apples. I like apples.

Is Apple ( the computer company) gonna sue me too ?

The issue is that Lonely Planet's TM applies to travel and your site is about travel.

Apple's TM applies to consumer electronics and software (and possibly other stuff). There are companies using the Apple name in other industries, eg. https://www.applebank.com

"A flower can not remain in bloom for years, but a garden can be cultivated to bloom throughout seasons and years." - xsplat
09-23-2011 03:25 PM
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gig Offline
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Post: #37
RE: infringements notice for my website - please advice
(09-23-2011 12:39 AM)Neil Skywalker Wrote:  Ah i like the way that sounds, so do you think they are gonna make a big deal about it ?

No if you comply with what they say. Otherwise they supposedly have to take you to court, if only to prove that they are actively trying to enforce their trademark. You may win in court but I doubt it's worth the hassle for either of you (it portrays them as 'the evil corporation').

At least this is what I saw in some similar high profile cases in the past, I'm definitely not a copyright lawyer..
09-25-2011 05:50 PM
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