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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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We run a website with the name of stormxx.com (xx being 2 letters)

Customer Question

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?

Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Is their website similar?
Customer: replied 3 years ago.

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


 


Original email:


"


Re: Cease and Desist
This letter is to demand that you cease and desist from using the word “Storm”as a part of any product
or company name relating to web hosting. Please be advised that XXXX. owns the registered
mark STORM® in the United States. XXXX. has also been issued a registration for the mark
Storm in connection with web hosting by the World Intellectual Property Organization for the European
Union. 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 desist
from this violation.
Please confirm as soon as possible that you have indeed discontinued infringing the XXXX.
registered mark, STORM®.
Very truly"

Expert:  Stuart J replied 3 years ago.


Is this from Solicitors? Which
solicitors? In the US? (it seeems likely if signed Yrs Truly

Do they indeed own the Trade
Mark in the UK?



Yours is Storm XX. Is theirs
just storm?



Would the man in the street
look at yr site and think it was them?



How long have you been
trading?



Why did you choose that name?

Did this letter come by email?

Customer: replied 3 years ago.

Is this from Solicitors?


- Yes - fosterswift


http://www.fosterswift.com


 


 


Do they indeed own the Trade Mark in the UK?


Possibly:


- EU TM: http://webphase.net/STORM%20mark%20registration%20European%20Union.PDF


- US TM:


http://webphase.net/STORM%20mark%20registration%20US.PDF


 





Yours is Storm XX. Is theirs
just storm?


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


 


Would the man in the street
look at yr site and think it was them?


- 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





How long have you been
trading?


- Since September 2012


Why did you choose that name?


- 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


 


Did this letter come by email?


- Yes

Expert:  Stuart J replied 3 years ago.


It is obviously come from
United States attorneys rather than United Kingdom solicitors.

It is up to you whether you
want to face potential legal action or not. From the facts you give, I think
that any passing off action they bring for breach of trademark is likely to
fail. However, it depends whether you run out of money defending the litigation
before they do.



The choice is yours as to
whether you ignore this and wait to see if any action ensues or you change your
company name



Can I help further?

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The thread remains open.

Thank you.

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