We run a website with the name of stormxx.com (xx being 2 letters) and have received an "Cease & Desist" from a company who owns trademark for CLASS 042/038.
There are several hundred companies much longer then us with the word "Storm" in the website with same category and selling.
"Goods and Services: Providing access to hosted operating systems and computer applications through the Internet"
We don't directly sell services on our site, all the payments and actual handling of selling is handled through another site which no trademark is for.
Our site primarily displays information and not a product/service that can be bought.
Do they have anything against us?
Our website is completely different to the claimer and so are the competitors, services are similar.
If you google "storm hosting" then you will find hundreds of websites whom sell internet services exactly as us dating back years till to date and have the word "STORM" in the website and company
Re: Cease and DesistThis letter is to demand that you cease and desist from using the word “Storm”as a part of any productor company name relating to web hosting. Please be advised that XXXX. owns the registeredmark STORM® in the United States. XXXX. has also been issued a registration for the markStorm in connection with web hosting by the World Intellectual Property Organization for the EuropeanUnion. Copies of both registrations are attached.You currently have posted on the internet a description of a product StormVZ relating to web hosting.This is infringing of XXXX’s registered marks and you must immediately cease and desistfrom this violation.Please confirm as soon as possible that you have indeed discontinued infringing the XXXX.registered mark, STORM®.Very truly"
Is this from Solicitors? Whichsolicitors? In the US? (it seeems likely if signed Yrs Truly
Do they indeed own the TradeMark in the UK?
Yours is Storm XX. Is theirsjust storm?
Would the man in the streetlook at yr site and think it was them?
How long have you beentrading?
Why did you choose that name?
Did this letter come by email?
Is this from Solicitors?
- Yes - fosterswift
Do they indeed own the Trade Mark in the UK?
- EU TM: http://webphase.net/STORM%20mark%20registration%20European%20Union.PDF
- US TM:
They don't own any site with just "STORM", we run a site called StormVZ (Together with VZ, no where in the site displays Storm by itself
- No, we target a different market completely. They (LIQUIDWEB) who own the trademark are targetting high end users / businesses. We are a budget brand with cheap prices hence why they might want to try take us down
- Since September 2012
- It was just a random name that aligned with our virtual services pefectly, VZ standing for virtualisation and I found a template that looked "dark and with weather effects" so Storm came into mind and joined to form StormVZ.com
It is obviously come fromUnited States attorneys rather than United Kingdom solicitors.
It is up to you whether youwant to face potential legal action or not. From the facts you give, I thinkthat any passing off action they bring for breach of trademark is likely tofail. However, it depends whether you run out of money defending the litigationbefore they do.
The choice is yours as towhether you ignore this and wait to see if any action ensues or you change yourcompany name
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