Company sends cease & desist letter, claiming Signs.com violates Sign.com service mark.
This one is so crazy it’s almost funny — although I’m sure it’s not funny for the owner of Signs.com.
SA International, the owner of Sign.com, has sent a cease and desist letter (pdf) to the owner of Signs.com, claiming that Signs.com infringes its service mark for Sign.com.
The cease and desist claims that SA International has been using the domain and service mark Sign.com “to identify the sale of advertising, templates, and the like and the service of assembling sign elements and has done so exclusively since at least as early as 2007.”
As for Signs.com, what do you think it sells? Why, signs of course.
And its predecessor has been doing it for a long time. Signs.com was registered in 1997. A whois record from 2000 — the oldest available on DomainTools — shows that the predecessor of the current owner was the owner since at least 2000.
SA International claims “The use of the substantially identical and confusing mark, SIGNS.com and the domain address www.signs.com is highly likely to cause confusion and also cause significant dilution of our client’s right to its mark.”
Wow.
The owner of Signs.com is fighting back. It filed suit in Utah, asking for declaratory judgment (pdf) that its use of the domain name doesn’t infringe SA International, Inc’s rights.
Louise says
It’s good it filed suit in court – right? A UDPR can’t be decided, while there is litigation pending, right?
Andrew Allemann says
@ Louise – a UDRP panel can decide a case, but the court case would stay any transfer of the domain.
Steve says
It’s unfortunate there is no real penalty for reverse domain high-jacking. Obviously the owner of Signs.com should be able to sell signs and sign related items. The owners of sign.com are parasites that deserve a MASSIVE fine. Even their hack site looks like crap. They should be nice to Mr. or Mrs. Signs.com and maybe they can benefit from someone that obviously has a better handle on the “sign” business.
Cheers.
Andrew Allemann says
@ Steve in U.S. court there is a penalty. Up to $100k.
https://domainnamewire.com/2012/09/17/city-of-paris-ordered-to-pay-100k-for-reverse-domain-name-hijacking/
https://domainnamewire.com/2011/03/29/court-awards-digimedia-100000-for-reverse-domain-name-hijacking/
Rob says
gee, do you think someone is manoeuvring to try to steal a domain name here?
Steve says
Andrew,
It’s unfortunate the domain owner has to take it to a Federal court. The UDRP system is a joke until real penalties are applied to reverse domain high-jackers. The UDRP system has been operating for years and doing nothing to deter this nonsense.
Steve M says
Sign, sign, everywhere a sign …
Sorry; couldn’t resist. 😉
Dee Dee says
You can ultimately blame the USPTO for this crap train !!
Donny says
Laches. Been to long.
Generic. The term sign can be for anything how about a signature online service.
How dumb this is and a waste of time.
Steve says
With all due respect, the only ones that are benefiting from this nonsense are the lawyers and the udrp system. If it wasn’t so brutal and cost so much to defend generic names the udrp system would be the biggest joke around. Year after year, more nonsense that shouldn’t even make it to a hearing……………