Discussion:
What is the name of your state? Binghamton, NY
Hello,
I started a Xanga skinning website some time ago using the domain name Xangans.com (I am also the domain owner of Xangan.com, Xangaskins.com, Xangamods.com, Xangatools.com, which all point to this site). I have collected these domains over several months (the first one being on March 18 of last year). Now Xanga.com wants to "policy its trademark" and want me to stop using these domains (they haven't taken any legal action yet, but contacted me over email and AIM). I understand that there may be glaring trademark violations but it saddens me that I have to release these domains and still haven't decided what I should do. I would greatly appreciate if someone could advise me and help me decide the best avenue I should take. I am a college student and would like to avoid going to court, unless ofcourse, I have a chance at it (which, sadly, after some reading, I highly doubt). So without further ado, here are the facts as I know it:
-The previous owner of Xangan.com (I got control of this domain on September 26 2003) was a cybersquatter who openly tried selling the domain, yet Xanga chose not to do anything about it. I pointed this out in one of my AIM convo's and was told that they were previously not aware of it.
-I checked their trademark registration on and the filing date is set to March 28, 2003. I registered Xangaskins.com ten days before that. However, their first use of the 'Xanga.com' trademark date is set to November 28 2000.
-Even before Xanga.com approached me, I made it clear that my site was not affiliated to Xanga by having an asterisk on my banner logo, and having a footer that stated so.
-I am not in direct competion with Xanga.com in anyway - I am providing skins and scripts to be used on their weblog.
As I type this, there seems to be only one thing I can do - to rename my site to something else. This saddens me so, and hearing your opinions may help me convince myself if that is indeed the my best route I should take. Meantime, I told Xanga.com that I would think of a suitable domain name and contact them shortly when I do.
Thanks, and take care.
Answer:
Originally posted by micron
What is the name of your state? Binghamton, NY
Hello,
I started a Xanga skinning website some time ago using the domain name Xangans.com (I am also the domain owner of Xangan.com, Xangaskins.com, Xangamods.com, Xangatools.com, which all point to this site). I have collected these domains over several months (the first one being on March 18 of last year). Now Xanga.com wants to "policy its trademark" and want me to stop using these domains (they haven't taken any legal action yet, but contacted me over email and AIM). I understand that there may be glaring trademark violations but it saddens me that I have to release these domains and still haven't decided what I should do. I would greatly appreciate if someone could advise me and help me decide the best avenue I should take. I am a college student and would like to avoid going to court, unless ofcourse, I have a chance at it (which, sadly, after some reading, I highly doubt). So without further ado, here are the facts as I know it:
-The previous owner of Xangan.com (I got control of this domain on September 26 2003) was a cybersquatter who openly tried selling the domain, yet Xanga chose not to do anything about it. I pointed this out in one of my AIM convo's and was told that they were previously not aware of it.
-I checked their trademark registration on and the filing date is set to March 28, 2003. I registered Xangaskins.com ten days before that. However, their first use of the 'Xanga.com' trademark date is set to November 28 2000.
-Even before Xanga.com approached me, I made it clear that my site was not affiliated to Xanga by having an asterisk on my banner logo, and having a footer that stated so.
-I am not in direct competion with Xanga.com in anyway - I am providing skins and scripts to be used on their weblog.
As I type this, there seems to be only one thing I can do - to rename my site to something else. This saddens me so, and hearing your opinions may help me convince myself if that is indeed the my best route I should take. Meantime, I told Xanga.com that I would think of a suitable domain name and contact them shortly when I do.
Thanks, and take care. **A: if I understand your post correctly, it does not appear that you have a right to use the name.
Answer:
I agree with HG, but would be resistant to release these names solely on a request by email and AIM.
If they are truly serious about protecting or pursuing this against you, they would do it in a formal writing.
Answer:
And in most cases of this nature the formal letter would come from an attorney.
Answer:
Thanks for the replies!