Discussion:
Hawaii
I am seriously stuck on a situation where I really don't know what to do. If someone could please tell me what it is that I'm supposed to do I would be very happy. I don't know if I'm wrong in having my name or not. The original conversation is posted here as well as the following link containing many points of views from my members. Not all of them do I take seriously.
Charles
----- Original Message -----
From: ******
To: ****@earthlink.net
Sent: 4/4/2006 7:16:01 AM
Subject: AnimeNation

Charles,

It's been brought to my attention that you're using our trademark in
a number of websites, specifically your MySpace username and group, and as
part of the domain 'theanimenation.com' for a website. I've contacted
MySpace, but after looking up your domain info, thought I'd just contact you
directly.

I don't enjoy chasing these instances of copyright infringement
down, I understand the amount of work that goes into building a busy site.
Since I'm sure you understand it as well, you'll understand that I need to
ask you to stop using the AnimeNation trademark in any of your websites.
Most of the time, use of a mark online is an oversight by the webmaster. As
a federally registered trademark, the term 'AnimeNation' is protected by law
and its unauthorized use constitutes dilution of trademark and copyright
infringement, the same naming a site 'Microsoft' or 'Nike' would. You can
imagine the years and countless thousands of hours we've spent building a
business and reputation based on the name.

Let me know if you have any questions, of course no one wants to
deal with the legal headaches of this type of thing, least of me.

This letter will also be mailed via USPS.

Best regards,

*******
AnimeNation.com
-----My Reply Message-----
From: ********* [mailto:************@earthlink.net]
Sent: Tuesday, April 04, 2006 4:30 PM
To: *********
Subject: RE: AnimeNation
Ok I have to ask. In all of my websites where do I mention the name
'AnimeNation'? No where, it is clearly stated every where in my pages
'THEanimenation'. I don't refer to anything with your site 'AnimeNation'.
I've had my first group get taken down because I used the term AnimeNation,
then at that time the domain name was available "animenation.com" Now that
I've had to change my name to still maintain the integrity of familiarity to
my original site design, someone wants to come in and change it again.

Let me just put it this way. I don't make any claims to being a part of
animenation.com. Anyone who ever asks if I am part of the animenation.com, I
tell them no and send them a link to animenation.com. If the term 'the' is
to strong, I'm sorry. You can blame GoDaddy.com for that one. Since the name
animenation.com was taken, it suggested theanimenation.com. I liked the name
and I bought it.

What is it that makes you look at my site? Its been up for nearly two years.
I've never done anything to your sites. I don't claim that you all are bad,
in fact I think you sell some pretty good products. You own AnimeNation.com
I own theAnimeNation.com. They are legally two different names, and legally
have no tie to each other. Are you the one who had my first group taken
down? I mean Seriously I don't claim anything of your site the name
theanimenation is nothing you should have to worry about. Please just leave
me alone. I don't want anything to do with your company. Unless you want to
buy my domain from me, then you have no business messing with my website,
which isn't even a business. There has to be some other way of solving this
so that I don't have to go through all this. I put about a good 10000 hours
into getting to where I am today with my site. I never did anything to
bring your site down. So why do you have to get on my case about this. If
you are losing hits, guess what, its not my fault. I've been losing hits as
well.

Please in all honesty I don't have anything to do with your site and I won't
have anything to do with your site.


Charles ********

-----Original Message-----
From: **** <*****@animenation.org>
To: '******@earthlink.net' <******@earthlink.net>
CC: ****** <*******@animenation.org>, ****** <******@animenation.org>, '*****@animenation.com' <*****@animenation.com>
Subject: RE: AnimeNation
Date: Wed, 5 Apr 2006 09:32:28 -0400
Charles,
You said it yourself. "When people ask if you're part of AnimeNation.com".
That's the definition of trademark dilution, the fact that someone else
using the same trademark creates confusion in the brand.
It's nothing personal, it's simply protection of a trademark and branding. A
person can't go out and start a site about computer software called
'themicrosoft.com', or a show site called 'thenike.com' for these same
reasons. The reason companies register a trademark with the US trademark
office is simply to prevent it's use by others. There's no point in pouring
thousands or millions of dollars into branding a company if anyone can come
along and name their company or product the same thing, thus benefiting from
the first party's work. It's also a matter of copyright. I can't write a
book and name it 'Harry Potter and...' See my point?
AnimeNation.com was registered 10 years ago, and it's been trademarked for 8
years. I understand the sheer number of hours that go into building a
website. We've done the same, and over the years it amounts to hundreds of
thousands of combined man-hours. That's why we don't appreciate it when we
find other sites using a name we worked so hard to make recognizable. I
suggest in the future you run a search at the trademark office online to
determine if you're using a trademarked word as the name of your site. Or
just avoid the use of a name you know someone else to be using.
As far as GoDaddy, it's not their responsibility to dictate what you can
register. It's up to the registrant to remain within the law when using a
name. I don't enjoy pursuing these cases, as I said, I understand the time
and money that goes into a site. We're forced to pursue them though, because
otherwise AnimeNation would be one of many and there would be no point in
having a trademark in the first place. Most of these situations are resolved
once the case is explained though, and the reasons pointed out.
You're welcome to keep the domain, and link to a renamed site using the old
one. The point is that when visitors show up at your site they don't see
'AnimeNation' and wonder about it. It's not about whether you 'make claims'
to being part of us, or trying to figure out if we're losing hits to you, or
vice-versa, it's about the use of a trademark in the first place.
Best regards,
*********
AnimeNation.com
-----My Reply Message-----
From: ****** [mailto:******@earthlink.net]
Sent: Saturday, April 08, 2006 1:52 PM
To: ******
Cc: ******;*****; ****@animenation.com
Subject: RE: AnimeNation
Gene,
Don't think I'm ignoring you, I'm really trying to figure out what I should
be doing here. I have asked my members to see what I can do or if they have
any ideas. I was really trying to find a free lawyer to ask questions about
this but that didn't work. I have a lot of suggestions, but I also have a
lot of good points as to where I can keep my name because I'm not breaking
any laws. Since it took me about six months figure out this name to use, its
going to take me sometime to think of another good name if I have too.
In the mean time just bare with me so I can figure out what I should be
doing.
One question I have is, what is wrong with me becoming an affiliate and make
it so that in a way the sites are linked?
-----Their Reply Message-----
Charles,
I've seen your group and the responses. If you're concerned about your
options, I'd suggest consulting an attorney or a legal forum online, rather
than listening to the uninformed advice of your group. "Screw that guy",
"tell that moron to **** off", "there's nothing they can do"
are hardly
informed decisions by someone used to dealing with trademark law, and will
only lead to eventual legal action when nothing is done based on these
responses.
Believe me, I'm not interested in suing anyone. If I was, the first letter
would have been from an attorney, instead of a polite request to change the
name. That's not to say that legal action won't be taken soon if that's the
only option you leave us, especially since you've decided to make this a
public case on your group.
The most obvious solution is to change any username/group name/website name
that has 'animenation' in it. We're not particularly interested in obtaining
the domain, as I've stated, you're free to use it. However, when visitors
show up at your site and see 'AnimeNation' in the title and header graphic,
that's a problem.
There's no problem with you linking as an affiliate, but the name of the
site would still need to be changed.
******
AnimeNation.comWhat is the name of your state?
Answer:
For things like these it's always best to consult an attorney. But here's a tip that may help.
Since the one who emailed you about it is very reasonable, ask him/her if a disclaimer at
the top of your site with a link to their site is acceptable. Something like "disclaimer: this is
NOT the official AnimeNation website. Click here (where the word here hyperlinks to their
site) if you intend to see their site".
However, if they ask you to still redirect the domain to another site that doesn't bear their
trademarked name, I suggest you get another domain name as well. Then forward your
theanimenation.com domain name to that new one bearing your hard-worked website.
And they're right in saying it's not Go Daddy's fault you chose the domain name. No one
pointed a gun at your head telling you to grab it right away instead of looking for another.
At least they're letting you keep the domain name. Numerous trademark holders out there
aren't as lenient.
Answer:
davesan's advice is spot-on. And he's right about the domain name -- if they have a registered trademark, they could easily sieze the domain name as well. They are being reasonable; you should be as well.