Lyte

You won't believe this... we just got a cease and desist email from an attorney for the guy who owns PC 101 <dot> US.

That guy tried to buy PC101.com a couple months ago and because I said "no" he's now trying to sick his attorney on us!

I've had this domain since 2003 and that twit brought PC 101 US in 2006. He didn't even register it as a trade mark until 2006.

If that ... thinks he's gonna get this domain name by strong arming me... he's delusional!

Lyte

racknrail

WOW!! That blows. I don't blame you for being PO'd. Stand your ground and fight till ya drop.

Keep us posted as to what happens....and good luck!

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Lyte

So, this is how he copy writed the name...

International Class: 037
Class Status: Active
repair or maintenance of computers
Basis: 1(a)
First Use Date: 1991-08-20
First Use in Commerce Date: 2006-03-31

International Class: 041
Class Status: Active
Computer education training services
Basis: 1(a)
First Use Date: 1996-08-20
First Use in Commerce Date: 2006-03-31

So...

1. Our site does not repair or maintain computers. Duh!!

2. Our computer eduction is based on written tutorials that people use on their own. We do not provide hands on or face to face service.

3. He's got First Use in Commerce Date as March of 2006. But he's claiming First Use date as August of 1991?! Gimme a freakin' break!!

4. If you Google "PC101" there are over 150,000 returns on those four characters! Probably what has him peeved is that OUR site comes up first when you put in "PC101."

The more I think about it... the more peeved I get!

Lyte

racknrail

I would be sick about it. I just hope this works out in your favour, Lyte. Is there any chance this will see a courtroom?

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Lyte

I think it unlikely. This bozo really doesn't have a chance! And you know what... if it did... I'd turn this website into...


I'd document every single step this guy has made and how after he couldn't get our domain honestly he tried to bully us!!

And ya know what... when he called me and told me how he wanted this domain to give his kids a "legacy" I thought... "What a sweet guy." So, I guess this is the kind of legacy he wants to leave his kids. If you can't get something honestly... throw a fit and make sure NO ONE gets to have it!

Oh... and you all do remember that we own PC101.net and PC101.tv... so we'll have three websites screaming...

PC101 . US SUCKS

I'm a mellow person... but when I see wrong... I'm like a pit bull on crack... I NEVER let go!!

Lyte

So, I wonder... is this guy going after other 'PC101' sites like...

PC101 learnit.com
PC101 plus.com
PC101 tutors.com

and about 50 others! Or is he just going after us?? Hmm!

Lyte

Lyte

Hey ya'll!

Well, I had the benefit of talking to an attorney yesterday who specializes in trademarks/intellectual property stuff. Nice guy... if anyone wants his name IM me. He said I could go ahead and respond with these points...

1. PC101 was first in use by me prior to Mr. S registering PC101.us or filing for the trademark.

2. Mr. S knew the name "PC101" was already in use prior to registering PC101.us or filing for the trademark. He stated to me on the phone that he had "seen that someone had the .com" which is why he had to buy the .US.

3. Mr. S knew the name "PC101" was already in use when he went to purchase a domain name for his store. "PC101.com" and "PC101.net" were already taken. Therefore, he was left with PC101.us because obviously the most commonly recognized versions were already taken.

4. Mr. S applied for the trademark (August 2006) five months after he had purchased the domain name (March 2006). Again, he knew the name PC101 was already in use prior to filing for the trademark.

5. Mr. S is conducting business in the state of Georgia, not Texas.

6. My rights to PC101 as a brand are protected by "common law rights" and the "Dawn Donut Rule."

He said he saw in the records that Mr S. did the TM filing himself in 2006 and didn't engage an attorney until July 2007. He said there's sort of a "due diligence" rule/step that anyone asking for a TM is require to perform prior to applying for the TM. They have to do a search to see if anyone is using that ...name...symbol... whatever... already! He says there's actually an affidavit (of sorts) where the person must affirm they honestly know of NO ONE ELSE using that name... symbol ... sign... whatever. There is NO WAY this guy didn't know PC101 was already in use! Heck, it was in use before I got it!

For those who may ever find themselves in a similar situation here's the Trademark FAQ page. Here's the part that makes me most happy...

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

What is a common law search? How can I do one? Is doing a common law search necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.

Anyway, I'm feeling much better about the whole thing after talking to this attorney! I think I'll be okay. I will keep ya'll posted!

Lyte

racknrail

I'm very glad to hear it, Lyte. You did the right thing to consult a lawyer. We're all pulling for you and our beloved site, PC101.

Please do keep us updated.

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Lyte

I shall do that!

dr911

Ummmm......Lyte,

It's been a while since my last visit here. I too had some problems with who trademarks/intellectual properties.

I have a very close friend who also specializes in trademarks/intellectual property. I can't discuss any thing in a public forum, which leads me to warn YOU and others, "BE CAREFUL WHAT YOU TYPE/SAY IN ANY PUBLIC FORUM SUCH AS THIS (PC101.com).

Don't "slander" or type anything that you can't back up.

Good luck on this situation....Lyte !!

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DR911

racknrail

That's good advice.

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Lyte

Howdy Doc!

Long time no see.

Oh... I'm being careful. There's lots of other juice tidbits I could be offering but I'll save that ammo for later, if need be.

Great to see you again!

Lyte

dr911

Thanks Lyte,

Hey, I'm planning on heading down your way (Texas) in the near future. PM me, tell you the details.

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dgridley

Apparently this turned out ok? I see yer still up and running..

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racknrail

You know, DG, I have not seen anyone around here in ages. I have no clue as to who runs this place these days. You know Lyte sold this place, right? The new owner has not posted a thing. I've been moderating spam posts as I see them, but I do not have the privilage to do much else. Some of them I am unable to even ban until they post several times.

The guy you're saying hello to is probably a spammer, but I'll give him the benefit of the doubt until I see the real spam. A lot of them start out just like that, saying hello, I'm so happy to be here.

Anyhow, I'm glad to see you're still around. Happy New Year!

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seeana

Hi just joined tried a couple of computer forums but the geeks would not bother to answer me,in a world of their own... only so called experts apply.
Um ......not an expert by any means but not completely daft either.

I typed in(wanted friendly computer forum) and you guys popped up so hope you are ! or I will look like a real twit.

Anyway that Guy is just trying to bluff you into giving up your name.
If I were you I would turn it around and do the same to him ....that's if you have a nice solicitor that's not too pricey.

Stay true to yourself never give in.

seeana

Oh dear didnt look at date typical.......anyway what happened.

Hope this forum is alive and kicking still.

xodianbarr

Seems like pc101.us got what they wanted after all. Cause this place is deader than corduroy.

racknrail

This place sold ages ago to someone that doesn't give two poops about what goes on here or it would appear.

Dead or not it still doesn't belong to pc101.us

I wonder how that ridiculous lawsuit is going anyways...

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xodianbarr

Please dont take my criticism personally RackNRail. You seem like a pretty decent chap who actually cares. I joined this site recently because i thought it would be a good aid to learning. What i have discovered, however, is that it is nothing more than an advertising platform for spammers. I started reading the topics but found them to be full of cluttered posts by idiots who care only of their own financial gain. I have been using and building computers most of my life and thought I may be able to contribute here, but i feel it would fall on deaf ears.

As for my comment regarding PC101.us, i still believe it to be a consideration. The owner went into dispute with PC101.us because of business related issues. PC101.org clearly had a right to this domain name. That would leave the owner of PC101.us only two alternatives: Drop the case, or offer a buyout.

As you are aware, the owner did sell this site, and under strange circumstances. It appears no one knows anything of this mysterious new owner, and he has absolutely no interest in this site. So whatever the truth may be, the evidence says enough.

There is one alternative: the dispute with PC101.us never happened, and the previous owner just needed an excuse to sell it, or to give the appearance of it being sold. It is bizarre that upon 'selling' the site, the owner did not attempt to make know his intentions to either the subribers, or the staff.

Maybe im just being a pessimist, who knows? PC0000 - binary for PC0.

racknrail

No offence taken. To be honest, I really don't know why I still bother coming here. I do still have basic moderation control and try to deal with the overwhelming spam attacks, but I've just about had it. I mean, who really cares? No one comes here anymore. Even back in the day it was never that busy.

You also seem like a nice chap. I wish you luck in finding a decent site. I'm sure you have lots to contribute to the right site. I too love computers. I've been building and repairing them for several years now. I really only started back about Windows 95 days.

Good luck!

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xodianbarr

Thanks, i appreciate it. Hope you yourself find somewhere a bit more productive! Well, maybe i'll see you around!

shuyinxiao

Nice photos.