R/C Tech Forums

Go Back   R/C Tech Forums > General Forums > Nitro Off-Road

Reply
 
Thread Tools Search this Thread
Old 10-24-2010, 08:47 PM   #16
Tech Master
 
Join Date: Jan 2009
Posts: 1,779
Trader Rating: 2 (100%+)
Default

Here is a similar case: McDonald vs McCurry

Guess who won?

http://thestar.com.my/news/story.asp...848&sec=nation
__________________
Powered by: MASTERCARD and VISA

If you're in control, you're not driving it fast enough!

XRAY / NOVAROSSI / SANWA / AKA TIRES / BYRON FUEL
ganymede is offline   Reply With Quote
Old 10-24-2010, 08:47 PM   #17
Tech Fanatic
 
off road god's Avatar
 
Join Date: Oct 2008
Location: chattanooga,tn
Posts: 976
Trader Rating: 13 (100%+)
Default

Quote:
Originally Posted by ganymede View Post
Dear God,

Can You please turn off the CAPS, we hear You loud and clear!
Quote:
Originally Posted by Jaz240 View Post
I own a trademark for my Furniture store, truth of the matter is that while your name may sound similar it is completely different as is the spelling. the only legal case would be if you also had a logo that was similar to pro tek's if you can also prove that you have been using this name before Pro-Tek was trademarked you will retain your right to use it in its current form. You should fight the claim if you want to keep it but I would imagine that A mains pockets are deeper than yours

Gany...its really for me..Im blind as a bat!lol!

Jaz...I paid for the domain name from yahoo in 2001 I believe..
__________________
WERKS RACING...PRO1RC...HEX CREW...BATTLEFIELD R/C...LOSI 2.0...JP PIPES...AKA,PROLINE TIRES...SPEKTRUM DX3R...JR SERVOS... PAUL CONWAY,TECHNICAL ADVISOR.
SAKURA ZERO S...NOVAK ELECTRONICS...MI SERVO...HPI PRODUCTS...FUTABA
off road god is offline   Reply With Quote
Old 10-24-2010, 08:54 PM   #18
Tech Master
 
jbright33's Avatar
 
Join Date: Dec 2008
Location: shamokin pa
Posts: 1,348
Trader Rating: 14 (100%+)
Send a message via AIM to jbright33
Default

if you paid for the domain name in 2001 you might have a fighting chance then. just gotta put together solid prof
__________________
JESSE BRIGHT
jbright33 is offline   Reply With Quote
Old 10-24-2010, 09:00 PM   #19
Tech Elite
 
hambone's Avatar
 
Join Date: Aug 2008
Location: Bloomsburg, Pa.
Posts: 2,436
Trader Rating: 1 (100%+)
Default

This certainly isn't going to help A Mains image.
__________________
Rob Hamm
The Nitro Shop
Bones Motorsports
Answer-RC/TLR/Futaba
Snow Monkey Racing
hambone is offline   Reply With Quote
Old 10-24-2010, 09:06 PM   #20
Tech Fanatic
 
off road god's Avatar
 
Join Date: Oct 2008
Location: chattanooga,tn
Posts: 976
Trader Rating: 13 (100%+)
Default

Quote:
Originally Posted by hambone View Post
This certainly isn't going to help A Mains image.

And it sure as hell isnt helping my blood pressure!lol!
The article Gany sent was really good..
Houston had a good remedy for the situation..
__________________
WERKS RACING...PRO1RC...HEX CREW...BATTLEFIELD R/C...LOSI 2.0...JP PIPES...AKA,PROLINE TIRES...SPEKTRUM DX3R...JR SERVOS... PAUL CONWAY,TECHNICAL ADVISOR.
SAKURA ZERO S...NOVAK ELECTRONICS...MI SERVO...HPI PRODUCTS...FUTABA
off road god is offline   Reply With Quote
Old 10-24-2010, 09:18 PM   #21
Tech Master
 
Black's Avatar
 
Join Date: Mar 2006
Location: Orlando
Posts: 1,176
Trader Rating: 18 (100%+)
Send a message via AIM to Black
Default

Not trying to sound like I am being a smartass, but I would highly reccomend you talking to an attorney, especailly if you are receiving some sort of income from your site.

You can contact free legal services at a major university and they will be more than happy to give you some information.
__________________
JConcepts/Werks Racing Engines/Ironman Bearings/PowerMaster Fuel/VP Racing
Black is offline   Reply With Quote
Old 10-24-2010, 09:25 PM   #22
Tech Master
 
SloRacer1080's Avatar
 
Join Date: May 2010
Location: Madison, NJ
Posts: 1,441
Trader Rating: 15 (100%+)
Default

If I were you, I would seek legal advice. I would not just let another business muscle me out of the name I built for my business.
__________________
//SCRT10//Crt.5e//XT8//Mini E-Revo//Brushless 3.3 Maxx//FLM/UE E-Maxx//Critters Raceway-NJ
www.soundcloud.com/sloracer1080 // www.audiotool.com/user/sloracer1080 - My hobby on the side, check it out.
SloRacer1080 is offline   Reply With Quote
Old 10-24-2010, 09:26 PM   #23
Tech Fanatic
 
off road god's Avatar
 
Join Date: Oct 2008
Location: chattanooga,tn
Posts: 976
Trader Rating: 13 (100%+)
Default

Quote:
Originally Posted by Black View Post
Not trying to sound like I am being a smartass, but I would highly reccomend you talking to an attorney, especailly if you are receiving some sort of income from your site.

You can contact free legal services at a major university and they will be more than happy to give you some information.

Thanks for the advice Black.
__________________
WERKS RACING...PRO1RC...HEX CREW...BATTLEFIELD R/C...LOSI 2.0...JP PIPES...AKA,PROLINE TIRES...SPEKTRUM DX3R...JR SERVOS... PAUL CONWAY,TECHNICAL ADVISOR.
SAKURA ZERO S...NOVAK ELECTRONICS...MI SERVO...HPI PRODUCTS...FUTABA
off road god is offline   Reply With Quote
Old 10-24-2010, 09:39 PM   #24
Tech Master
 
dnebout's Avatar
 
Join Date: Oct 2009
Location: NorCal
Posts: 1,098
Trader Rating: 32 (100%+)
Default

If I were you I would stop posting on this site. It's not doing you any good to talk about which hand your going to play in public. I've been in many negotiations and it's just not a good idea. Good luck!
__________________
Losi 8T 2.0, Werks B5 Pro, Savox 1267 / Hitec 7950
Losi Eight 2.0, Nova 4c, Hitec 7940 / Hitec 7955
Losi Eight E 2.0, RX8, Tekin 1900kv / Hitec 7955
Blackjack 26
Aka: Deebo, Poppa Pump / Busted Knuckle Wheelin' / Henchmen Racing
dnebout is offline   Reply With Quote
Old 10-24-2010, 09:47 PM   #25
Tech Fanatic
 
off road god's Avatar
 
Join Date: Oct 2008
Location: chattanooga,tn
Posts: 976
Trader Rating: 13 (100%+)
Default

Quote:
Originally Posted by dnebout View Post
If I were you I would stop posting on this site. It's not doing you any good to talk about which hand your going to play in public. I've been in many negotiations and it's just not a good idea. Good luck!

I fully agree...I appreciate everyones advice and help and will continue to appreciate any help...
What this thead is really about is the fact whether the 2 names are confusing the general public or possible consumer...I really think that John Q Public has enough education to tell the difference..
__________________
WERKS RACING...PRO1RC...HEX CREW...BATTLEFIELD R/C...LOSI 2.0...JP PIPES...AKA,PROLINE TIRES...SPEKTRUM DX3R...JR SERVOS... PAUL CONWAY,TECHNICAL ADVISOR.
SAKURA ZERO S...NOVAK ELECTRONICS...MI SERVO...HPI PRODUCTS...FUTABA
off road god is offline   Reply With Quote
Old 10-24-2010, 11:10 PM   #26
Tech Lord
 
Jaz240's Avatar
R/C Tech Elite Subscriber
 
Join Date: Aug 2008
Location: Dwindle city
Posts: 12,492
Trader Rating: 52 (100%+)
Default

I agree with the people who are suggesting you talk to an attorney, and Monty may be on to something asking A main to buy your rights to Protech.com It would be cheaper for them to give you a fair buy out then to pay legal fees. good luck and it is a good idea to keep it quieter. I would bet Kendal has lots of friends on Rctech
__________________
nothing to see here................................
Jaz240 is offline   Reply With Quote
Old 10-24-2010, 11:30 PM   #27
Tech Elite
 
mblgjr's Avatar
 
Join Date: Sep 2006
Location: AL
Posts: 2,175
Trader Rating: 86 (100%+)
Default

I don't see why they (Amain) cares.

Your name is different.

Pro-Tek

ProTech

Um... yea. Different spellings; different companies.

This shouldn't even be an issue in the first place, much less any form of legal issue

Maybe your site popped up and became active as of late and got his attention; but if you paid for use of the domain several years back, with different spelling, and obviously different products (you're not selling bearings and other stuff, nor are you emulating his labels, site design or general coloring/graphics...thus NOT confusing to the consumer).
__________________
Team Associated Reedy JConcepts.net FusionX USA
mblgjr is offline   Reply With Quote
Old 10-25-2010, 06:52 PM   #28
Tech Adept
 
Join Date: Nov 2007
Location: Chico, CA
Posts: 124
Default

Dave I sent you a private email to discuss the issue rather than posting on the forums. But since you brought it up...

Yes the names are different in spelling but are basically the same name when pronounced by customers by word of mouth. Hence there can be confusion with customers about which product is sold by which company and hence the reason that I emailed you.

However I am confused. You say you have been using this brand name since 2001 and registered the name with yahoo at that time. However a WHOIS search on godaddy (your registrar) indicates that the domain name was just created last month? Not sure if the link below will work (you may need to enter a verification code again):

http://who.godaddy.com/WhoIsVerify.a...rog_id=godaddy
__________________
Kendall Bennett, CEO
AMain.com Performance Sports & Hobbies
http://www.AMain.com
kendallb is offline   Reply With Quote
Old 10-25-2010, 08:46 PM   #29
Suspended
 
Join Date: Aug 2010
Posts: 609
Trader Rating: 7 (100%+)
Default

We have 4 historical whois records for Protechrc.com.
Here is a complete list of dates that we have whois records for.

Dates in red are privacy protected.

Upgrade your membership to view the historical whois records!
2007
2007-09-22

2008
2008-03-26
2008-05-28

2010
2010-10-01



We have 15 historical whois records for Protekrc.com.
Here is a complete list of dates that we have whois records for.

Dates in red are privacy protected.

Upgrade your membership to view the historical whois records!
2007
2007-11-21

2008
2008-05-12
2008-09-18
2008-11-29

2009
2009-02-12
2009-04-19
2009-07-10
2009-09-25
2009-11-17
2009-11-22

2010
2010-01-14
2010-03-13
2010-05-13
2010-07-09
2010-09-01


Sorry, Looks like Amain might lose this one....9/22 is before 11/21
Storydude1 is offline   Reply With Quote
Old 10-25-2010, 09:05 PM   #30
Tech Adept
 
Join Date: Nov 2007
Location: Chico, CA
Posts: 124
Default

I could not find any historical records for the domain name - perhaps dave just transferred it to GoDaddy recently. When we created our brand nothing came up using dave's spelling that I could find, and we have a registered trademark on our name now.

Anyway, I emailed Dave as I wanted to come to an amicable agreement on how to solve it, not brow heat him into submission. Hopefully dave can reply to my email and we can resolve it to both our satisfaction.
__________________
Kendall Bennett, CEO
AMain.com Performance Sports & Hobbies
http://www.AMain.com
kendallb is offline   Reply With Quote
Reply

Similar Threads
Thread Thread Starter Forum Replies Last Post
$$$ARE YOU FAST$$$PROVE IT ON THE 28TH $$$ CorallyBQuiK Minnesota and North/South Dakota Racing 40 10-02-2008 08:32 PM
DENNIS STORTI where are you? redialbutton Buyer/Seller dispute and Feedback discussion forum 64 11-26-2007 05:37 PM
what engine are you guys curently running? baller360 Nitro On-Road 91 06-02-2004 11:39 PM
How fast are you !!!!!!! team_tamiya Electric On-Road 36 05-12-2004 12:07 AM



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off



All times are GMT -7. It is currently 10:15 AM.


Powered By: vBulletin v3.9.2.1
Privacy Policy | Terms of Use | Advertise Content © 2001-2011 RCTech.net