Registered a domainname - will i be sued now?

Hi all

I would like to discuss following

recently registered a domainname that contains as a namepart th ewor
"wifi"

Now im sitting here and thinking abount that i was maybe a mistake, t
register such domainname, because the word "Wi-Fi" is a registere
trademark of the "Wi-Fi Alliance"('www.wi-fi.org
(http://www.wi-fi.org/))

On the website of the "Wi-Fi Alliance" i found that "The Wi-F
Alliance is a global, non-profit industry association [...]"

What does it mean now to me
Will they sue me ot let it, because i dont show off with thei
Logo/Trademark and because they are "non-profit"

(An affilation(15K/year for the membership) is beyond a question yet
my company is 2 days old :-)

Services which i want to offer on this website will of course direc
relations to the wireless technologies

Now i found some other( from the count of propably very many
websites, which also contain
the "wifi" in their domainame, e.
Habe eineige(von bestimmt sehr sehr vielen) gefunden, die "wifi" i
domain-namen auch haben, sin
aber nicht in der "Wi-Fi Alliance" drin(habe in der Mitgliederlist
nachgeschaut), wie z.B

http://www.wififreespot.com
http://www.wifinetnews.com
http://www.wi-fiplanet.com

They are also not members of the "Wi-Fi Alliance" but seem to exis
already several years..

My question now: should i worry

Alex

--
zucke
brought to you by http://www.wifi-forum.com

"zucker" <zucker.1mwmoy@WiFi-Forum_dot_com> wrote in message
news:zucker.1mwmoy@WiFi-Forum_dot_com...
>
> Hi all!
>
> I would like to discuss following:
>
> recently registered a domainname that contains as a namepart th
eword
> "wifi".
>
> Now im sitting here and thinking abount that i was maybe a mistake,
to
> register such domainname, because the word "Wi-Fi" is a registered
> trademark of the "Wi-Fi Alliance"('www.wi-fi.org'
> (http://www.wi-fi.org/)).
>
> On the website of the "Wi-Fi Alliance" i found that "The Wi-Fi
> Alliance is a global, non-profit industry association [...]".
>
> What does it mean now to me?
> Will they sue me ot let it, because i dont show off with their
> Logo/Trademark and because they are "non-profit"?
>
> (An affilation(15K/year for the membership) is beyond a question
yet,
> my company is 2 days old :-) )
>
> Services which i want to offer on this website will of course direct
> relations to the wireless technologies.
>
> Now i found some other( from the count of propably very many)
> websites, which also contains
> the "wifi" in their domainame, e.g
> Habe eineige(von bestimmt sehr sehr vielen) gefunden, die "wifi" in
> domain-namen auch haben, sind
> aber nicht in der "Wi-Fi Alliance" drin(habe in der Mitgliederliste
> nachgeschaut), wie z.B.
>
> http://www.wififreespot.com/
> http://www.wifinetnews.com/
> http://www.wi-fiplanet.com/
>
> They are also not members of the "Wi-Fi Alliance" but seem to exist
> already several years...
>
> My question now: should i worry?

I doubt you will be sued. Ordinarily if there is a copyright issue
they will send you a cease and desist letter informing you not to
use it. Then if you dont, then you get sued. I would not worry about
it.

On Sun, 03 Apr 2005 08:49:20 GMT, zucker
<zucker.1mwmoy@WiFi-Forum_dot_com> wrote:

>recently registered a domainname that contains as a namepart th eword
>"wifi".

Well, the domains:
wi-fight.com
wi-fright.com
wi-fi-sucks.com
are still available. What did you register?

>Now im sitting here and thinking abount that i was maybe a mistake, to
>register such domainname, because the word "Wi-Fi" is a registered
>trademark of the "Wi-Fi Alliance"('www.wi-fi.org'
>(http://www.wi-fi.org/)).
>
>On the website of the "Wi-Fi Alliance" i found that "The Wi-Fi
>Alliance is a global, non-profit industry association [...]".
>
>What does it mean now to me?
>Will they sue me ot let it, because i dont show off with their
>Logo/Trademark and because they are "non-profit"?

What country are you in? The trademark (and service mark) laws are
different for each country. International agreements (Madrid
Protocol) do not include every country.

>(An affilation(15K/year for the membership) is beyond a question yet,
>my company is 2 days old :-) )
>
>Services which i want to offer on this website will of course direct
>relations to the wireless technologies.

Do they materially affect the operation of wi-fi.org? Is there any
possible confusion on the part of customers between your operation and
wi-fi.org? Can wi-fi.org prove that you have in any way affected
their operation? Is there any potential for "trademark dilution"
where wi-fi is deemed a "famous" trademark, and your partial use of
the trademark may in some way dilute their "fame". If you were to
open a wireless certification service, methinks you would certainly
have problems.

Start by reading the FAQ:
| http://www.uspto.gov/web/offices/tac/doc/basic/

Plug the term "wi-fi" into the trademark search:
| http://tess2.uspto.gov/bin/gate.exe?...ate=gp72ss.1.1

Read something on trademark and service mark infringement:
| http://www.bitlaw.com/trademark/internet.html
| http://www.bitlaw.com/trademark/infringe.html
| http://www.bitlaw.com/trademark/dilution.html

Check how Wi-Fi.org licenses the use of their service mark.
| http://www.wi-fizone.org/documents/W..._Agreement.pdf

If international, start reading about the "Madrid Protocol".
| http://www.uspto.gov/web/trademarks/...adridindex.htm
| http://www.wipo.int/madrid/en/

>Now i found some other( from the count of propably very many)
>websites, which also contains
>the "wifi" in their domainame, e.g
>Habe eineige(von bestimmt sehr sehr vielen) gefunden, die "wifi" in
>domain-namen auch haben, sind
>aber nicht in der "Wi-Fi Alliance" drin(habe in der Mitgliederliste
>nachgeschaut), wie z.B.
>
>http://www.wififreespot.com/
>http://www.wifinetnews.com/
>http://www.wi-fiplanet.com/
>
>They are also not members of the "Wi-Fi Alliance" but seem to exist
>already several years...
>
>My question now: should i worry?

No, but you should protect yourself in case they do decide to
litigate. Registering your service mark would be a good idea. Adding
a trademarks disclaimer at the bottom of the page "wi-fi is a
registered trademark of..." would be expedient.

It really depends on whether they consider you worth the effort. For
example, there was quite a bit of grumbling about the term WiMax being
too close to Wi-Fi, but no litigation. Microsoft will complain if
anyone uses the "Windows" in any manner that implies that it may have
come from Microsoft. For example, "Windows Startup Inspector" had to
be changed to "Startup Inspector for Windows". Many years ago, Emulex
was successfully suing anyone that used the term "Emu" in their
product or company name. If you plan to base a business upon the use
of a term that includes "wi-fi" in the name, you should register the
service mark and see what happens. At least if wi-fi.org decides to
sue, you have some grounds to stand upon. Of course, you could send
them a letter and ask if there's any real or potential problem.


--
Jeff Liebermann (E-Mail Removed)
150 Felker St #D http://www.LearnByDestroying.com
Santa Cruz CA 95060 AE6KS 831-336-2558

@Jeff Liebermann

Hello Jeff, thank you for your detailed answer

> Well, the domains
> wi-fight.co
> wi-fright.co
> wi-fi-sucks.co
> are still available. What did you register?

:-
well, there are some other domains
i would like to do not "publish" them , not yet, sorry

>
> What country are you in? The trademark (and service mark) laws ar
> different for each country. International agreements (Madri
> Protocol) do not include every country.

I'm from Germany

> Do they materially affect the operation of wi-fi.org?
Puh.. I will act as a wireless ISP. Think, it will not affec
wi-fi.org..

> Is there an
> possible confusion on the part of customers between your operation an
> wi-fi.org?
? :-
>
> Can wi-fi.org prove that you have in any way affecte
> their operation?
? :-

> Is there any potential for "trademark dilution
> where wi-fi is deemed a "famous" trademark, and your partial use o
> the trademark may in some way dilute their "fame".
well, "wifi" in the name of my website stands surely for "Wireles
Fidelity"
like the abbreviation that "belogns" to "Wi-Fi Alliance"..
From my sight it dont "dilute" their fame, but who knows what thei
lawyers will tell..

> No, but you should protect yourself in case they do decide t
> litigate. Registering your service mark would be a good idea. Addin
> a trademarks disclaimer at the bottom of the page "wi-fi is
> registered trademark of..." would be expedient.
Heh.. damn..

>
> Of course, you could sen
> them a letter and ask if there's any real or potential problem.
Thats what i also decided to do. I already wrote a mail to a contac
person o
wi-fi.org, describing the situation and asking for a hint

Hoping the best..

--
zucker

I've got a very good example

here. This Forum

Its name is "WiFi-forum". Do they (the owners) have the right to us
the word "wifi" in their domainname? Because, i think, "wifi" i
"wifi-forum" stands for "wireless fidelity"

Yep. Very good example
Im in the absolutely same situation.

--
zucker

"zucker" <zucker.1mwmoy@WiFi-Forum_dot_com> wrote in message
news:zucker.1mwmoy@WiFi-Forum_dot_com...
>
> Hi all!
>
> I would like to discuss following:
>
> recently registered a domainname that contains as a namepart th eword
> "wifi".
>
> Now im sitting here and thinking abount that i was maybe a mistake, to
> register such domainname, because the word "Wi-Fi" is a registered
> trademark of the "Wi-Fi Alliance"('www.wi-fi.org'
> (http://www.wi-fi.org/)).
>
> On the website of the "Wi-Fi Alliance" i found that "The Wi-Fi
> Alliance is a global, non-profit industry association [...]".
>
> What does it mean now to me?
> Will they sue me ot let it, because i dont show off with their
> Logo/Trademark and because they are "non-profit"?
>
> (An affilation(15K/year for the membership) is beyond a question yet,
> my company is 2 days old :-) )
>
> Services which i want to offer on this website will of course direct
> relations to the wireless technologies.
>
> Now i found some other( from the count of propably very many)
> websites, which also contains
> the "wifi" in their domainame, e.g
> Habe eineige(von bestimmt sehr sehr vielen) gefunden, die "wifi" in
> domain-namen auch haben, sind
> aber nicht in der "Wi-Fi Alliance" drin(habe in der Mitgliederliste
> nachgeschaut), wie z.B.
>
> http://www.wififreespot.com/
> http://www.wifinetnews.com/
> http://www.wi-fiplanet.com/
>
> They are also not members of the "Wi-Fi Alliance" but seem to exist
> already several years...
>
> My question now: should i worry?
>
> Alex.
>

You were OK until you sent this message. Law enforcement is on it's way to
your house now...

I posted a similar question in another newsgroup and was directed here,
I have a couple of wireless kiosks installed and wanted to put something
like "Wi-Fi here" on the front sign of the business where the kiosks
are, ("Wireless Internet") is kind of long, but I don't know if I can
without getting me and the business in trouble.
I see the term Wi-Fi everywhere, even in magazines of the trade but
shouldn't they be adding the ® next to it?
Thanks for any ideas.


On Sun, 03 Apr 2005 18:59:25 GMT, zucker
<zucker.1mxexm@WiFi-Forum_dot_com> wrote:

>
>I've got a very good example:
>
>here. This Forum.
>
>Its name is "WiFi-forum". Do they (the owners) have the right to use
>the word "wifi" in their domainname? Because, i think, "wifi" in
>"wifi-forum" stands for "wireless fidelity".
>
>Yep. Very good example.
>Im in the absolutely same situation..

ToyalP2 Wrote:
> I posted a similar question in another newsgroup and was directed here
> I have a couple of wireless kiosks installed and wanted to pu
> somethin
> like "Wi-Fi here" on the front sign of the business where the kiosk
> are, ("Wireless Internet") is kind of long, but I don't know if I ca
> without getting me and the business in trouble
> I see the term Wi-Fi everywhere, even in magazines of the trade bu
> shouldn't they be adding the ® next to it
> Thanks for any ideas
>

well, im still waiting for the answer to the as good as the sam
question,,
even emailed on sunday to Matt Krebsbach - se

http://wi-fi.org/OpenSection/contact.asp?TID=

No respone until today

--
zucker

On Sun, 3 Apr 2005, zucker wrote:
>I would like to discuss following:
>recently registered a domainname that contains as a namepart th eword
>"wifi".
>
>Now im sitting here and thinking abount that i was maybe a mistake, to
>register such domainname, because the word "Wi-Fi" is a registered
>trademark of the "Wi-Fi Alliance"('www.wi-fi.org'
>(http://www.wi-fi.org/))....

The time to ask about potentially being sued over something is usually BEFORE
you do it.