Legal Question in Intellectual Property in California
Hi , I run a website called themafiawarz.eu.
initially The site was created in june of 2007 as themafiawarz.com . I purchased the site in September of that year and ran it until january of 2008 where, with the hosting reseller gone into bankrupcy was unable to gain access to have the domain transferred to a new web host.
In the same month of 2008 i purchased themafiawarz.eu and transfered the contents of the .com domain over and continued running the site. Being new at using the web, in the same year i also registered themafiawarz.info and themafiawarz.co.uk so to have backups if ever this happened again. When it became available for reregistration i retook possession of themafiawarz.com.
I have not registered these as trademarks nor officially had them copyrighted though am indeed the registered domain holder of these names.
Yesterday i recieved this from the Zynga gaming group.
Notice of Zynga Game Network Inc. Trademark Infringement themafiawarz.eu
From: [email protected]
Sent: Thursday, 13 May 2010 3:00:55 AM
Mr Vincenzo Sapere
I am writing from Zynga Game Network Inc. (�Zynga�). Zynga is the owner of the well-known trademark and trade name .
As you are no doubt aware, is the trademark used to identify products, services, activities and events related
to Zynga, including video game software and entertainment on wireless devices and computers.
You have registered, without Zynga�s permission or authorization, the domain name 'themafiawarz.eu' (the �Domain Name�).
The Domain Name incorporates the famous mark in its entirety, and, by its very composition, suggests Zynga�s sponsorship or
endorsement of your website and correspondingly, your activities.
Your use of a Domain Name that incorporates the famous mark constitutes trademark infringement and dilution of Zynga�s
trademark rights and unfair competition.
Your use of our mark in the Domain Name is diluting use because it weakens the ability of the mark to identify a single source,
namely Zynga. Further, your registration and use of the Domain Name misleads consumers into believing that
some association exists between Zynga and you, which tarnishes the goodwill and reputation of Zynga�s products, services, and trademarks.
In view of your infringement of Zynga�s rights, we demand that you provide written assurances within 7 days that you will:
1. Immediately discontinue any and all use of the Domain Name; and
2. Immediately and permanently refrain from any use of the term or any variation thereof that is likely to cause confusion or dilution.
I look forward to hearing back from you within the above-mentioned time frame.
Sincerely,
Jennifer Lam
Zynga Game Network Inc.
__________________________
From what i understand they are disputing my rights to use the domain name "themafiawarz" based on their trade mark of "Mafia Wars"
__________________________
From http://tess2.uspto.gov/
Word Mark MAFIA WARS
Goods and Services IC 009. US 021 023 026 036 038. G & S: Downloadable computer game software for use on wireless devices and computers. FIRST USE: 20090408. FIRST USE IN COMMERCE: 20090408
IC 041. US 100 101 107. G & S: Entertainment services, namely, providing on-line computer games. FIRST USE: 20080908. FIRST USE IN COMMERCE: 20080908
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 77772110
Filing Date July 1, 2009
Current Filing Basis 1A
Original Filing Basis 1A
International Registration Number 1030602
Owner (APPLICANT) Zynga Game Network Inc. CORPORATION DELAWARE 365 Vermont Street San Francisco NEW YORK 94103
Attorney of Record John M. Kim
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "MAFIA WARS" with shading around the edges to suggest a raised surface.
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
____________________________
Being currently unemployed and this site more a hobby than a commercially profitable business i obviously have not the finances to fight this in court against a multi millon dollar company.
I would like to know if this letter has any merit . If i have the right to use the domain name themafiawarz and what course of action could be suggested i take.
Any help and assistance would be greatly appreciated.
2 Answers from Attorneys
A trademark attorney (who you should consult) will probably tell you it depends on whether your use predated theirs, and other factors. According to their federal registration, they started using the mark initially in 2008 (and in interstate commerce in 2009). Your use (September, 2007) appears to predate theirs. Perhaps they want to buy the site url from you? Contact a trademark attorney in your area for advice on responding in this manner.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
A url registration is not a trademark, nor does registering a url constitute, without more, use in commerce. I suggest that you research, via a search engine, what has been written about cybersquatting and cyberpiracy to get some free education on this general topic. There are articles, legal analyses of cases, copies of the Federal statutes, etc. out there free, and if you spend 4 to 8 hours reading and studying what you'll find, it will be very helpful.
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