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Cease and Desist

Started by John · 10 months ago

It’s been an interesting week. On Monday I received a letter from the legal counsel for Cycle News magazine. The letter explained that Cycle News is a registered trademark and that the owners of the mark feel that my use of the phrase “Cycle News” on my site and d ... Continue reading »

13 comments

  • Mike Werner

    11 months ago

    I don't think they have a strong case. These are two very common names, plus Cycle is in the English dictionary a bicycle, so they wrong there.

    They're trying to scare you into letting go since they know that most people will want to settle, not go to court due to cost. If I were you, I'd have a chat with a lawyer, see what the options are legally.

    Alternatively, we (MBI) can make a case out of it, and play it on the internet. Togetehr we represent millions of readers...
    reply
  • John Davis

    11 months ago

    Mike, I appreciate the support. Those with whom I have consulted advise me that Cycle News does indeed have a strong case. They have owned the trademark "Cycle News" in conjunction with newspapers relating to motorcycles, motorcycle activities and races for over 40 years. The commonality of the subject matter and the similarity of the names creates a reasonable possibility of confusion and that is enough for the trademark holder to be obligated to defend their mark.

    As one of my readers put it, "How would you feel if someone started a motorcycle site and newsletter called Pacific Northwest Cycle News?" I would not be happy and would likely challenge that publication. Cycle News is doing the same.
    reply
  • Tim Watts

    11 months ago

    Okay, I can see their point. How about Northwest Motorcycle News? Still too close?
    reply
  • Bob Patrick

    11 months ago

    Another alternative is to see if the "Cycle News" owner will license the use of the phrase in your blog, North West Cycle News. If they want to be nice guys and live in the spirit of biker fraternity, they could easily license the prhase for a niminal fee. $1.00 a year is enough to protect their "Intelletual Property Rights". I agree the other side is reaching deep into the barrel on this one.

    SF
    BP
    reply
  • John Davis

    11 months ago

    Tim, there exists a publication called "Motorcycle News;" so I fear I would run into the same issue. Because I deal in news and other content that is very similar to the major magazines and serve the same audience, albeit regionally, I do have to choose carefully to avoid this issue in the future. The new name needs to not incorporate the name of any existing motorcycle news-related publication. So, "Motorcyclist", "Cycle News", "Motorcycle News", "Rider" are all probably not safe choices to include.

    Bob, licensing may be a possibility. I am still waiting for Cycle News to respond to my proposal.
    reply
  • Clark

    11 months ago

    How about NW Motorcycle Digest, or something similar? Cetainly there are options.

    Keep up the good work, John.
    reply
  • John Davis

    11 months ago

    Clark, thank you for the encouragement. I am not going away and there are definitely options. I have received several excellent suggestions for a new name.
    reply
  • SloRideBob

    11 months ago

    How about The Great Northwest Motorcycle News and Information Digest or:

    TGNWMND.com for short

    I betcha thats a combination of letters not thought up by anyone else.
    reply
  • John Davis

    11 months ago

    SloRideBob - I like it! It just rolls off the tongue! :)
    reply
  • nicholas

    11 months ago

    How much do you want for the domain name?

    Nicholas
    reply
  • John Davis

    11 months ago

    The domain name is not for sale.
    reply
  • Rob Green

    11 months ago

    I had the same thing happen a few years back with a Domain name I was using. They were threatening to sue me. I was sub hosting sites under mine and one of my clients was John R. Hickman attorney at law. I too feared the big guy. John told me their position was thin. I told them I would have to move my clients and get their permission and expected the costs to be covered by the company that took issue. That included my fee for doing all the work. When they found out my primary customer was a lawyer they no longer would return my calls. It just went away. My guess is they are bluffing. Search Google for "Cycle News" there are several sites. The two words are very generic specifically the word news.
    reply
  • Adrian K

    10 months ago

    Thanks John.

    I'd say they had a fairly weak case. Anyway, it's one more publication I'll remember never to purchase.
    reply

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