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Post by Max on Aug 24, 2007 12:43:01 GMT -3
Um, are these people looking for a fight? I have trademark rights to the term "Your Sudbury" and I have trademark rights to the domain name and all other variations of the term "your sudbury," including; ursudbury.com ursudbury.com: Register now to run your community group's website Star's new site launches Sept. 8 Sudbury Star Local News - Friday, August 24, 2007 Updated @ 11:23:48 AM Community organizations can get your group's information to thousands of viewers right away when The Sudbury Star launches its new website Sept. 8. While Star grows its own website with more photos, videos, more stories and more ways of giving you information, you can now register to be part of the community website that will also be on our web. This free service gives you the power to showcase blogs, announcements, news releases, events and much, much more. Whether you're a sports organization looking at posting league results, or a service club with a community announcement, you can now post it on one of the best viewed sites in your community. As a trusted community partner you will be able to moderate your own content and present it live to the online community. You'll be able to post blogs, discussion forums, event calendars, photo galleries and videos. Get started now and pre-register for our launch by visiting www.ursudbury.com |
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Post by Max on Aug 24, 2007 14:12:43 GMT -3
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product.
I have owned and developed yoursudbury.ca since April 2006. I have trademark rights to it and I plan on developing it further. I have sole legal rights to control the your sudbury name and address, and all variations thereof, on the entire World Wide Web. This includes the legal ownership rights to the domain names the Sudbury Star has procured and registered.
When a Domain name is identical to a trademark (hereinafter referred to as mark) of another domain name the actions of the copy-catter prevents the mark holder from exercising the rights to its marks and managing its presence on the Internet.
Capitalization of letters in names in an attempt to allege distinction from a trademark is also disregarded, as letters are lowercase in all domain names. Adding generic words, numbers, prefix or suffix, or any other misspelled typo-squatted variations does not take the disputed domain names out of the realm of confusingly similarity when it still contains the yoursudbury trademarked name, to which I have spent substantial time, effort and money to establish and promote.
Yoursudbury is not only an address on the Internet it serves as a source identifier somewhat analogous to a telephone number or street address.
The Sudbury Star has no permission either express or implied to use my mark or to have registered the domain name in dispute. i.e., ursudbury.com
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Post by Max on Aug 28, 2007 15:44:04 GMT -3
I called the Star and they claim their site is called URsudbury. You Are Sudbury. I have to contact their lawyer when I have time. The address reads ursudbury.com and I own the rights to yoursudbury. It is well known that the word “ur” in chat, on message boards and on bulletin boards = your. UR would need to be separated into u-r-sudbury or u_r_sudbury or whatever, but ursudbury = yoursudbury and I own the mark to yoursudbury, ursudbury and any other variation thereof. They took issue with me posting news articles on here from their paper. They say I can’t do it. I say and I can. I’m not making money from this place, I’m not taking credit for their stories when I post them here, and I’m not altering their articles in any fashion. They suffer no damages from me doing so even if their material is copyrighted. I’m also not archiving their entire paper, as they suggested, I post a few articles that I find interesting and add my reply to the story and allow anyone anywhere to add their $0.02. The Star allows anyone to add news feeds to their website for FREE. www.thesudburystar.com/webapp/sitepages/newsfeedsignup.aspNews Feed Affiliate Signup Sign up to become an Osprey Media Affiliate and publish trusted Osprey News content on your website; Giving your users yet another reason to visit your homepage. This feature is totally customizable, allowing the News Feed to fit seamlessly within your current website. Change such things as the border, background, link, and font colors. No additional labour or technology is required to add this to your site. You simply copy and paste, and in 5 minutes the news will be live on your website! Sign up for now! It's FREE! |
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Post by Max on Aug 28, 2007 15:52:41 GMT -3
www.thesudburystar.com/webapp/sitepages/gencontent.asp?disclaimer=1&catname=Web+Site+Disclaimer&catmainname=Notices1. Copyright, Licenses and Idea Submissions. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.thesudburystar.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. ...
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Post by Max on Aug 28, 2007 16:08:09 GMT -3
Copyright Act laws.justice.gc.ca/en/C-42/index.html... laws.justice.gc.ca/en/showdoc/cs/C-42/bo-ga:l_III-gb:s_27//en#anchorbo-ga:l_III-gb:s_27Fair Dealing Research or private study 29. Fair dealing for the purpose of research or private study does not infringe copyright. R.S., 1985, c. C-42, s. 29; R.S., 1985, c. 10 (4th Supp.), s. 7; 1994, c. 47, s. 61; 1997, c. 24, s. 18. Criticism or review 29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. 1997, c. 24, s. 18. News reporting 29.2 Fair dealing for the purpose of news reporting does not infringe copyright if the following are mentioned: (a) the source; and (b) if given in the source, the name of the (i) author, in the case of a work, (ii) performer, in the case of a performer’s performance, (iii) maker, in the case of a sound recording, or (iv) broadcaster, in the case of a communication signal. |
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Post by Max on Aug 28, 2007 16:17:32 GMT -3
What is fair dealing? library.uwaterloo.ca/copyright/copying.htmlThe Copyright Act provides that dealing with any material protected by copyright for the purposes of private study, research, criticism, review or news reporting is not an infringement of copyright. Fair dealing with a work does not require the permission of copyright owner or the payment of royalties. |
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Post by secretsquirrel on Aug 29, 2007 2:27:52 GMT -3
So if you own trademark rights to the domain name "ursudbury.ca", then the answer is simple; sue them!!!
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Post by Max on Aug 29, 2007 2:49:15 GMT -3
I suffer no damages and not interested in suing them. But I might fight them to change their name and turn over the domain name to me. On the other hand, I might do nothing and hope to get some free advertising from it. If their site catches on people will search for yoursudbury...and find me!
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Post by Max on Aug 29, 2007 2:56:09 GMT -3
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Post by aaa11 on Sept 22, 2008 22:54:44 GMT -3
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