WordPress.com

1. jk11
   Member
   Sep 10, 2010, 10:26 PM

   After alerting a WordPress.com blogger about his site's infringement on my trademarked name, he responded by saying he wouldn't change anything.

   I submitted a DMCA complaint to Automattic on Monday (I know, it was Labor Day), but am wondering how long I should allow WP to review my complaint. Will I hear back from them? The site in question is still using my trademark, and has since posted again.

   My next step is to contact an trademark attorney, though I was hoping to spare that expense. Also, I can't imagine how to send a 'Cease & Desist' letter that only goes to an email address and not a physical one. I love the Interwebs.

   I know the WP Support folks are on hiatus for a while, but is that the same group that reviews DMCA complaints?

   Any help is greatly appreciated since this has occupied my mind since I noticed the infringement.

2. sl1k
   Member
   Sep 11, 2010, 1:11 AM

   I believe it is the same group that reviews DMCA complaints I will modlook the thread in hopes that staff will be alerted to this thread...

3. jwane
   Member
   Sep 11, 2010, 2:33 AM

   Here's an example of a cease and desist letter you can email;

   Dear Sir/Madam
   1. I am the owner of the Website http://www.1.mysite.com I am also the owner of the copyright in the material published on the Website.
   The following is a list of the URL's for my pages or images which have been copied on your site(s).
   1) ttp://www.1.mysite.com/page1.html
   2) ttp://www.1.mysite.com/page2.html
   3) ttp://www.1.mysite.com/page3.html
   The above have been copied at the following URL's:
   ttp://www.2.yoursite.com/ripoff1.html
   ttp://www.2.yoursite.com/ripoff2.html
   ttp://www.2.yoursite.com/ripoff3.html
   2. This wholesale misappropriation of my copyright works has not been authorized by me and is an infringement of my exclusive rights as copyright owner. The infringement is also flagrant.
   3. In the circumstances I demand that you immediately:
   3.1.    remove all aforesaid infringing material from your Website(s), and notify me in writing that you have done so;
   3.2    undertake in writing to desist from using any of my copyrighted work in future without prior written authority from me.
   I await to hear from you by no later than close of business on  ___________________ 20____ failing which equivalent letters will be sent to:
   * Your Web Host
   * Your Domain Registrar
   * Legal Support at Google and other Search Engines.
   This is written without prejudice to my rights, all of which are hereby fully and expressly reserved.
   Sincerely,
   Name and electronic signature

4. jk11
   Member
   Sep 11, 2010, 4:15 PM

   Thanks to the both of you for your response. Much appreciated.

   Since I already sent an informal email to the blogger in question, I was hoping to avoid sending a 'Cease & Desist' letter in response to his refusal. At least, I hoped that WordPress could take action and make the whole thing null. From what I've read, a 'Cease & Desist' letter could be taken as a threat of legal action, and I haven't gone to a lawyer yet.

   Also, he's not copying posts outright, but making use of a trademarked name as a category of posts on his blog. That difference shouldn't mean that WordPress refuses to take action, but I know that's how most examples of infringement are outlined not on in WP's ToS, but elsewhere on the web.

5. jk11
   Member
   Sep 11, 2010, 4:16 PM

   Last sentence should have read: "...not only in WP's ToS, but elsewhere on the web."

6. hanni
   Staff
   Sep 11, 2010, 5:26 PM

   It's currently being reviewed.

7. jk11
   Member
   Sep 11, 2010, 7:38 PM

   Thanks, Hanni. Just a note, since I didn't leave details in my original message. My blog is hosted on Blogger (though I'm moving to WP soon), not an old work-related blog that I had a hand in, which is listed with my WP username, jk11.

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