I want to bring this issue to your attention and ask for your advice.
I have an active blog in wordpress, Athlete in Me (athleteinme.wordpress.com) since July 2012. When I was picking a name for my blog, “Athlete in Me” and URL “athleteinme” were available through wordpress. So I proceeded and made my blog.
Yesterday (Feb 18, 2013), I received an email from http://www.AthleteInMe.com saying that I have been infringing their mark – “AthleteInMe.com” and they are demanding me to change my blog name.
So I changed my blog name to “The” Athlete in Me, and changed my URL address to “theathleteinme.wordpress.com”.
Here’s my reply to him:
On Feb 18, 2013, at 4:52 PM
Hi Mr. Woodrow,
I already changed my blog to “The Athlete in Me”. I understand and I am very sorry for the inconvenience that I may have caused you. I didn’t or don’t intend to copy or imitate your website. My only intention is to share my life and inspire others of my journey to healthy living.
If there’s anything else I can do to resolve this, please let me know. I hope everything will work out from here. :)
Thank you and have a great day.
And here’s what he replied back:
On Feb 19, 2013, at 10:57 AM, “Woodrow H. \”Woody\” Pollack” <(email redacted)> wrote:
theathleteinme.com also infringes on my client’s mark. I did not know you also owned that site. You must also cease using that site, and any other site or mark that is substantially similar to my client’s Mark. Please confirm you will do so.
And I replied back to him again with this
On Feb 19, 2013, at 1:21 PM
After receiving your 1st email, I changed my blog from “athleteinme.wordpress.com” to the “theathleteinme.wordpress.com”.
I do NOT own “athleteinme.com”
And here’s what he said:
You may not use “athleteinme” in any form for your blog. Are you able to discuss on the phone?
I got confused when he said that. They only have “AthleteInMe.com” registered. Do I violate their trademark if I use “The Athlete in Me” (theathleteinme.wordpress.com) for my blog name? Do I need to do anything?
I do not think I violate their trademark since my address is “theathleteinme.wordpress.com” and NOT “athleteinme.com” .
Your advice would be much appreciated.
The blog I need help with is theathleteinme.wordpress.com.
I’ll tag this thread for Staff assistance. Please subscribe to the thread so you are notified when they respond and please be patient while waiting.
Thank you so much!
Really appreciate your help.
I’m sorry, I cannot advise on Trademark law as I am not an attorney.
If you’d like to hold out on this, you are welcome to as far as I’m concerned, and you can direct them to http://en.wordpress.com/abuse/ to report the Trademark infringement, which will then go to the correct department.
I can’t speculate on what will happen beyond that point.
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