Northwest Cycle Report - Latest Comments in Cease and Desist

Re: Cease and Desist

Adrian K — Sun, 07 Sep 2008 20:26:40 -0000

Thanks John.

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

Re: Cease and Desist

Rob Green — Thu, 07 Aug 2008 01:43:14 -0000

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.

Re: Cease and Desist

John Davis — Tue, 05 Aug 2008 12:33:35 -0000

The domain name is not for sale.

Re: Cease and Desist

nicholas — Tue, 05 Aug 2008 12:27:57 -0000

How much do you want for the domain name?

Nicholas

Re: Cease and Desist

John Davis — Tue, 05 Aug 2008 10:36:23 -0000

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

Re: Cease and Desist

SloRideBob — Tue, 05 Aug 2008 07:44:45 -0000

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.

Re: Cease and Desist

John Davis — Fri, 01 Aug 2008 12:19:21 -0000

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.

Re: Cease and Desist

Clark — Fri, 01 Aug 2008 12:09:06 -0000

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

Keep up the good work, John.

Re: Cease and Desist

John Davis — Fri, 01 Aug 2008 11:47:19 -0000

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.

Re: Cease and Desist

Bob Patrick — Fri, 01 Aug 2008 11:36:39 -0000

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

Re: Cease and Desist

Tim Watts — Fri, 01 Aug 2008 11:20:52 -0000

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

Re: Cease and Desist

John Davis — Fri, 01 Aug 2008 10:45:15 -0000

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.

Re: Cease and Desist

Mike Werner — Fri, 01 Aug 2008 04:05:29 -0000

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...