Complaint / Review
Illegally using AllSportsMarket.net
The following was sent by U.S. Counsel for Crystal World Holdings, Inc. Of Washington, D.C. (USA) on December 4,2008 via email and worldwide courier to Mr. Webb in New Zealand. Deadline for response is December 15,2008 before further legal action will be initiated per U.S. And International anti-cyberpiracy and anti-cybersquatting laws: Crystal World is the owner of, among other things, the intellectual property rights associated with the services offered through the AllSportsMarket.com website. As you are aware, since at least as early as 2003, a variety of unique global sports exchange financial services have been offered on the AllSportsMarket.com website under the ALLSPORTSMARKET mark.in addition to its common law service mark rights acquired through such use, Crystal World is also the owner of U.S. Trademark Applications Serial Nos. 77/294794 and 77/289006 for the ALLSPORTSMARKET mark. It is our understanding that you are a former member of the AllSportsMarket.com website, and that you registered the AllSportsMarket.net domain name (the "Domain Name") with full knowledge of Crystal World's rights thereto and in a deliberate attempt to mislead consumers. Crystal World previously informed you of its objections to your registration of the Domain Name and demanded that you transfer the Domain Name to Crystal World. You have not complied with these demands, and are now purporting to use this domain name as a "forum" on which you spread false or misleading information regarding our client. We believe that your actions and use of the Domain Name in this manner constitute, among other things, bad faith and blatant cyberpiracy in violation of the Anticybersquatting Consumer Protection Act of 1999. Further, your use of the Domain Name is likely to cause consumers to be confused, misled, and deceived into believing that the website accessible through the Domain Name is related to, sponsored, or endorsed by Crystal World or Allsportmarket.com. The Domain Name merely incorporates the ALLSPORTSMARKET mark with a generic top-level domain ("gTLD"). The inclusion of such generic terms in a domain name does not serve to distinguish the domain name from the underlying mark but instead creates a direct association with the underlying mark. See SPTC, Inc. And Sotheby's v Private Whois for sothebys.org, FA0810001228526 (Nat. Arb. Forum, Nov. 26.2008) (finding "the addition of a gTLD is irrelevant when considering whether a domain name is identical to a mark"); see also Assurant, Inc. V. Hank Hawes, FA1081179 (Nat. Arb. Forum Nov. 5,2007) (finding the assurantsolutions.net domain name to be identical to the ASSURANT SOLUTIONS mark). As you may be aware, a person having a bad faith intent to profit from a domain name that is identical or confusingly similar to a third party's mark or is dilutive of a famous mark, may be liable in a civil action for statutory damages of between $1,000 and $100,000 per domain name under 35 U.S.C. §§ 1117 (d) and 1125 (d). Further, the use of the ALLSPORTSMARKET mark in the AllSportsMarket.net domain name may constitute trademark or service mark infringement under 35 U.S.C. §§ 1114 (1) and 1125 (a).
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