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Old 10-25-2010, 09:11 PM   #31
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Originally Posted by kendallb View Post
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.
Good Kendall, Dave is a great guy with only 1 product. Hope it works out for the both of you.
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Old 10-25-2010, 11:21 PM   #32
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Kendall and everyone that made posts,

First I want to say thanks for all the answers and advice given.
By no means did I start this thread to "brow beat" anyone Kendall. This is new to me and I was just looking for answers to the question of "confused".

I left the computer last night to think in a rational manner before I contacted Kendall. Kendall was prompt in his email reply and I believe we will be able to work this out in a "win, win" fashion.

Kendall and I are very passionate men or we would not be at this point.Everything about this sport brings my passion for it forward..the racing..the time I get to enjoy with old friends and making new friends at any track we travel to..seeing fathers and sons and daughters and mothers too enjoying their time together..the off hand chance that a racer may come to me and ask for help with something that he or she may not know and together we figure it out..its just an extraordinary sport...

I started using the name protechrc around 2000 doing minor work for people. I also had the name protech. My love was the R/C industry. I owned a repossession company at the time and could not make the time to commit to the industry. Since that time I have been through so much hospitalization for a stroke, heart attack, kidney failure, COPD and I can go on but why........
Ive had to slow down and now find the time to work in an industry that I love...

Kendall, the names lie dormant for years and anyone could have used them...I resurrected the name and registered the domain when I saw I was ready to release my product. After 2 1/2 years of formulating and testing to insure a product that I could be proud to offer to fellow racers.

Folks, our passions can stir us in a number of directions and some of us have to seek counsel to rein in our passion.

What this post really comes down to is that 2 men are willing to make concessions to work for the betterment of our sport, for the racers, the bashers and everyone in between.

Thanks for listening to an old man that has too much passion!

Dave Longobardo
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Old 10-26-2010, 12:45 AM   #33
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Its confusing if you say it. If someone says: ProTek batteries are awesome! How do you know if it's protech or protek? There is no way.

Its a bit like Microsoft versus Mike Rowe Soft.

Except protech isnt your real name.

http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft
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Old 10-26-2010, 03:38 AM   #34
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Its confusing if you say it. If someone says: ProTek batteries are awesome! How do you know if it's protech or protek? There is no way.

Its a bit like Microsoft versus Mike Rowe Soft.

Except protech isnt your real name.

http://en.wikipedia.org/wiki/Microsoft_vs._MikeRoweSoft

No sir, it's not my real name. Longobardo wont fit on the label and only 3 out of 10 pronounce correctly.

Joseph, I am sure that Kendall and I will work this out in a manner beneficial to both parties.
I understand that Kendall will be distributing your product. I have read so much about "the CAR" and feel it will be a winner out of the box for you. Congrats!
I wish you would have taken a moment to look at my website and you may have figured out that I wont be importing batteries so that was a bad example. My company (whatever the name ends up being) is geared more toward rectifying weak points in the design of race buggies and their parts.
All our work is and will be done in the states by skilled craftsmen in their respected fields. I know thats not the fashionable way of mass production but, I can have more control over materials and tolerances during production this way.

Thanks for your input, Dave Longobardo
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Old 10-26-2010, 08:27 AM   #35
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If they want your domain, sell it for what it's worth to you (which should be a lot). I think it would be almost impossible for them to just take it from you. There's a million and one protech, protek, protec companies out there.

They would have to prove all three of the following....

--------------------
Under the Uniform Domain Name Dispute Resolution Policy created by ICANN and used by all accredited registrars, a trademark owner can initiate a relatively inexpensive administrative procedure to challenge the existing domain name. In order to prevail, the trademark owner must show:

1. that the trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar to the registered second level domain name;

2. that the party that registered the domain name has no legitimate right or interest in the domain name; and

3. that the domain name was registered and used in bad faith.

If the trademark owner successfully proves all three points in the administrative proceeding, then the domain name can either be cancelled or transferred to the prevailing trademark owner. If the trademark owner fails to prove one of these points, the administrative panel will not cancel nor transfer the domain name.
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Old 10-26-2010, 04:09 PM   #36
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Anyone ever look for a Nissan car and type in www.nissan.com

LOL. I did this and was surprised where it took me!
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Old 10-26-2010, 04:40 PM   #37
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Anyone ever look for a Nissan car and type in www.nissan.com

LOL. I did this and was surprised where it took me!
How absolutely hysterical that Datsun Changed their name to Nissan 10 years after Nissan Computer was registered and operating and then they sued him!!?? What a joke
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Old 10-26-2010, 05:57 PM   #38
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How absolutely hysterical that Datsun Changed their name to Nissan 10 years after Nissan Computer was registered and operating and then they sued him!!?? What a joke
And everyone knows who has deeper pockets between Nissan motors and Mr. Uzi Nissan
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Old 10-26-2010, 06:02 PM   #39
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And everyone knows who has deeper pockets between Nissan motors and Mr. Uzi Nissan
He should counter sue. His Trademark was registered before Datsun Changed their name to Nissan. Id love to know how Nisson Motors was even granted a trademark AFTER Nissan Computers Inc. was already trademarked
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Old 10-26-2010, 06:51 PM   #40
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Originally Posted by off road god View Post

Kendall and I are very passionate men or we would not be at this point.
aww y'all are going to make such a great couple!!


haha... in all seriousness, that's great that you guys are working on a deal where you both win.
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Old 10-26-2010, 11:09 PM   #41
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He should counter sue. His Trademark was registered before Datsun Changed their name to Nissan. Id love to know how Nisson Motors was even granted a trademark AFTER Nissan Computers Inc. was already trademarked
Most probably datsun got registered as "nissan motors" and mr nissan registered his company as 'nissan computers' so no conflict there until internet got launched and now everyone wants a short name for their site.
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Old 12-12-2010, 02:00 PM   #42
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As an update on this topic, Dave and I worked out an amicable agreement so we could purchase his domain name from him and he will rebrand his products. I am glad we could work iout a solution to both parties.
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Old 12-12-2010, 02:32 PM   #43
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HOUSTON, I AGREE. THEY DO A FINE JOB OF MARKETING PRODUCTS FROM ALL OVER THE WORLD AND I APPLAUD THEM FOR THEIR PROFESSIONALISM IN THIS FIELD AND I AM ON THEIR CUSTOMER LIST...BUT WHY WOULD THIS NAME CAUSE THEM ANY PROBLEM IN THEIR PLANS?
it might be selling your little bottle of oil on ebay for $11.99 shipping thats the prob. And if someone said I am running Protech oil I would think A-Main
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Old 12-12-2010, 07:37 PM   #44
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I just started my own company 3 weeks ago, unrelated to RC. The name I had picked out in my head for years was already taken, to my dismay. I had never heard of it before. I picked a name that is unlike anything else that exists, just so there would not be any confusion.

In my personal opinion, not that it matters, I think it is irresponsible, professionaly and morally to register a business name in the same industry as another business with a similar name, IF you know the name already exists. with that being said, I think its irresponsible to not do extensive searching to see if that name already exists.

in CA, whoever registered their name first would come out on top, regardless of years in business. Alot of people piggyback off others branding.

In this case, i dont know who was first or whatever, I didnt read the whole thread, just offering my 2 cents.
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