Merhaba arkadaslar. spandinavia.com sitemde `spa finder` adinda bir meta tag var ve sitedede miami, new york gibi buyuk sehirlerdeki spa salonlarini gosteren google map`larda var. bu nedenle bu meta tag`i ekledim.
Bugun bir mail aldim spafinder.com adli bir siteden. adamlar spa finder meta tag`imi kaldirmami istiyorlar. isim haklari tescillenmis felan filan diye uzun bir mail yazmislar.Musteri kaybediyoruz gibi bir hikaye sallamis. Sizce meta tag tescilli markalar gibi kullanim sarti varmidir? adamin yazdigi e-mailide asagiya ekliyorum
Dear Sir:
I am the Chief Administrative Officer, General Counsel of SpaFinder, Inc (SpaFinder).
SpaFinder is the leading spa media, travel, and marketing company connecting consumers with the spa experience via publishing, travel, internet and corporate incentive services. Our attention has been directed to the Internet address www.spandinavia.com (for which you are identified as the administrative and technical contact) and the use therein of Spa Finder as a meta tag.
The Spa Finder name was adopted in 1987 and SpaFinder has been offering continuous services since that time. SpaFinder enjoys a prominent reputation in the spa industry. Moreover, SpaFinder has extensively promoted its spa services through its www.spafinder.com web site and has developed a valuable good will in the name spafinder.com since its adoption.
SpaFinder has federal trademark registrations for Spa Finder and SpaFinder. These registrations are valid and sustaining and well known throughout the spa industry.
This letter is not tantamount to a threat of suit, it is my hope that this situation can be addressed without enmity. Nonetheless, we strongly believe that your use of meta tags bearing SpaFinder deliberately inserted into the head area of you web pages quite likely may divert a users interest from Spafinder.com to the www.spandinavia.com website. Thus, Spandianvia.com is capitalizing on the goodwill associated with SpaFinders name.
SpaFinder stands to lose business (and may have in fact already lost business) because a consumer was lured to the www.spandinavia.com web site through use of meta tags bearing the wording Spa Finder. Courts have held that this type of confusion constitutes trademark infringement.[1] ([1] Brookfield Communications, Inc. v. W. Coast Entertainment Corp., 174 F.3d 1036, 1064 (9th Cir. 1999)
We hope and assume that you are no more eager to cause SpaFinder harm or suffer such confusion than are we. Accordingly, SpaFinder requests that you immediately cease and desist your use of any wording, phrase, or meta tag that uses, consists of, or refers to Spa Finder, SpaFinder or any similar name or names intended to capitalize on the goodwill associated with SpaFinders name.
I anticipate receiving your written assurance no later than June 1, 2011 that you will so comply. If I have not received such assurance by such date (together with prompt compliance), we will then promptly take such action as we deem appropriate without further notice to you.
I look forward to hearing from you.
Sincerely,
Neil Kurlander
Chief Administrative Officer and General Counsel
SpaFinder, Inc.
257 Park Avenue South
New York, New York 10010
212-716-1201 (p)
775-458-2414 (f)
Bugun bir mail aldim spafinder.com adli bir siteden. adamlar spa finder meta tag`imi kaldirmami istiyorlar. isim haklari tescillenmis felan filan diye uzun bir mail yazmislar.Musteri kaybediyoruz gibi bir hikaye sallamis. Sizce meta tag tescilli markalar gibi kullanim sarti varmidir? adamin yazdigi e-mailide asagiya ekliyorum
Dear Sir:
I am the Chief Administrative Officer, General Counsel of SpaFinder, Inc (SpaFinder).
SpaFinder is the leading spa media, travel, and marketing company connecting consumers with the spa experience via publishing, travel, internet and corporate incentive services. Our attention has been directed to the Internet address www.spandinavia.com (for which you are identified as the administrative and technical contact) and the use therein of Spa Finder as a meta tag.
The Spa Finder name was adopted in 1987 and SpaFinder has been offering continuous services since that time. SpaFinder enjoys a prominent reputation in the spa industry. Moreover, SpaFinder has extensively promoted its spa services through its www.spafinder.com web site and has developed a valuable good will in the name spafinder.com since its adoption.
SpaFinder has federal trademark registrations for Spa Finder and SpaFinder. These registrations are valid and sustaining and well known throughout the spa industry.
This letter is not tantamount to a threat of suit, it is my hope that this situation can be addressed without enmity. Nonetheless, we strongly believe that your use of meta tags bearing SpaFinder deliberately inserted into the head area of you web pages quite likely may divert a users interest from Spafinder.com to the www.spandinavia.com website. Thus, Spandianvia.com is capitalizing on the goodwill associated with SpaFinders name.
SpaFinder stands to lose business (and may have in fact already lost business) because a consumer was lured to the www.spandinavia.com web site through use of meta tags bearing the wording Spa Finder. Courts have held that this type of confusion constitutes trademark infringement.[1] ([1] Brookfield Communications, Inc. v. W. Coast Entertainment Corp., 174 F.3d 1036, 1064 (9th Cir. 1999)
We hope and assume that you are no more eager to cause SpaFinder harm or suffer such confusion than are we. Accordingly, SpaFinder requests that you immediately cease and desist your use of any wording, phrase, or meta tag that uses, consists of, or refers to Spa Finder, SpaFinder or any similar name or names intended to capitalize on the goodwill associated with SpaFinders name.
I anticipate receiving your written assurance no later than June 1, 2011 that you will so comply. If I have not received such assurance by such date (together with prompt compliance), we will then promptly take such action as we deem appropriate without further notice to you.
I look forward to hearing from you.
Sincerely,
Neil Kurlander
Chief Administrative Officer and General Counsel
SpaFinder, Inc.
257 Park Avenue South
New York, New York 10010
212-716-1201 (p)
775-458-2414 (f)