Strange email, what to do?

[Zoomer]

Wasn't sure where to post this, actually, I am completely unsure what to do as well
Reply? Don't reply? Anyway, here is what I received via email.

Did you know that CamScore is the name of one of our products? http://www.cametrix.co.uk/products/camscore/
Not a problem if this is just a student study but if it is to be used long term it could effect us.....

Have a nice day

I have no idea whether they're just making a statement, expecting to open a dialogue, or are just making thinly veiled threats with regards to the future... and even if they were, whether there is actually anything whatsoever they can do.

Slightly baffled. If I used the word "windows" upon my website frequently and got a good search ranking, does that mean Microsoft would email me asking if I knew it was the name of their product? Camscore is not trademarked as far as I could determine.

Weird. Any one a little more clued up on this stuff? Just a little...perplexed I guess is the word. Was going to write a quick response informing them where the term Camscore came from and that the site is amateur with no business intention or interests whatsoever - but thought it may be better to hold off for a few days and see if anyone has thoughts/insight.

So feel free to pitch in if you do. Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

 

[BloodRed87]

It's nothing but spam dude. Mark it as spam and delete it.

 

[WickedTouch]

If their product was trademarked, then they may have been able to make a point here, but if it is not then it sounds more like an empty gesture of annoyance more than anything else. Probably because they were too lazy and could not be arsed to check and see if the name was used by anyone else first... which would be the sensible thing to do with ANY product.

After all google throws up a humongous swathe of links... many MyFreeCams links referring to camscore so they should have seen that a long time ago. I wonder if they will pester MFC too...

or others...

CAM score is also a medical term.. used for assessment of patients (Confusion Assessment Method) http://www.hospitalelderlifeprogram.org ... Method.pdf


Now, I am not an expert on trademarking etc, but I do think they are trying their luck. Maybe someone else on the forum will be able to give a definitive answer though.


:twocents-02cents:

 

[Mfcwatchdog]

Wasn't sure where to post this, actually, I am completely unsure what to do as well
Reply? Don't reply? Anyway, here is what I received via email.

Did you know that CamScore is the name of one of our products? http://www.cametrix.co.uk/products/camscore/
Not a problem if this is just a student study but if it is to be used long term it could effect us.....

Have a nice day

I have no idea whether they're just making a statement, expecting to open a dialogue, or are just making thinly veiled threats with regards to the future... and even if they were, whether there is actually anything whatsoever they can do.

Slightly baffled. If I used the word "windows" upon my website frequently and got a good search ranking, does that mean Microsoft would email me asking if I knew it was the name of their product? Camscore is not trademarked as far as I could determine.

Weird. Any one a little more clued up on this stuff? Just a little...perplexed I guess is the word. Was going to write a quick response informing them where the term Camscore came from and that the site is amateur with no business intention or interests whatsoever - but thought it may be better to hold off for a few days and see if anyone has thoughts/insight.

So feel free to pitch in if you do. Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

1)Yes Microsoft can Legally come after you if you use the windows name.But they have actually trademarked that name.Usually in these kind of situations it is enough you add a note like

Microsoft® Windows™ is a ® trademark of Microsoft corporation all rights reserved. Now that email.....

Unless they have trademarked the name "camscorestats" they do not have a leg to stand on legally.I would ignore it for now.If they continue to bother you with it ask them for there trademark certificate if they can't provide that tell them to fuck off.I think there concern is they do not want to be associated with adult content.

 

[Shaun__]

Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

She is right under their site right now in Google searches for camscore. This thread may push her over the top. I think as longs as you avoid talking about skydiving on your site you should be okay.

 

[Mfcwatchdog]

Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

She is right under their site right now in Google searches for camscore. This thread may push her over the top. I think as longs as you avoid talking about skydiving on your site you should be okay.

Nope Not trademarked no namerights it's as simple as that.camscorestats.com might as well be at the top of Google if they didn't trademarked that name they have no rights on it.Offcource there is a downside if this guy complaining has money and a nasty lawer Zoomer could possibly get sued but this is verry verry unlikely as it looks like they didn't trademarked the name "camscorestats".Also they could start to threaten camscorestats.com host provider but they usually require evidence that (in this case) the name "camscorestats" belongs to somebody else and they will (if they are a decent host) get in touch with Zoomer before taking any action.

 

[Jupiter551]

Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

She is right under their site right now in Google searches for camscore. This thread may push her over the top. I think as longs as you avoid talking about skydiving on your site you should be okay.

You could, however, fuck with them by adding several references to CamScore and muffdiving on your site. :lol:

As far as I know, they're full of shit if they're trying to claim some sort of domain over the word - your site is, as others said, camscore stats. You're not trying to sell camscore as a product, and nor is MFC, it clearly bears no relation to them or their product.

Trademark infringement requires a word to actually BE a trademark for a start (registered, and on their site it doesn't have the little circle and R so it's not), for that trademark to be well-known and advertised enough that the alleged infringer would know about it, and that the products (if camscore WAS a product) was reasonably similar.

I'd write back and ask what the problem is, just out of curiousity.

As a side-note, unless you're selling operating systems, you can say microsoft windows as much as you like - it's called Fair Use, and is protected in most places by law - in the US by the First Amendment.

****Actually, rereading the letter I don't see any kind of threat in there at all. I think he's just concerned it might affect his (probably small) business, he almost certainly didn't know that MFC was using the term years before he called his product that. I think it's worried about the site name because his product scores skydiving and is concerned his customers are going to see oooh skydiving stats and run into pee-hole fucking, and that if he'd known he might have called it something else.

 

[Mfcwatchdog]

Otherwise, I guess in another week Amber will get an email as this topic indexes higher in Google search results for Camscore than their product's website! :lol:

She is right under their site right now in Google searches for camscore. This thread may push her over the top. I think as longs as you avoid talking about skydiving on your site you should be okay.

You could, however, fuck with them by adding several references to CamScore and muffdiving on your site. :lol:

As far as I know, they're full of shit if they're trying to claim some sort of domain over the word - your site is, as others said, camscore stats. You're not trying to sell camscore as a product, and nor is MFC, it clearly bears no relation to them or their product.

Trademark infringement requires a word to actually BE a trademark for a start (registered, and on their site it doesn't have the little circle and R so it's not), for that trademark to be well-known and advertised enough that the alleged infringer would know about it, and that the products (if camscore WAS a product) was reasonably similar.

I'd write back and ask what the problem is, just out of curiousity.

As a side-note, unless you're selling operating systems, you can say microsoft windows as much as you like - it's called Fair Use, and is protected in most places by law - in the US by the First Amendment.

I dare you to try and make money with a productname windows cleaner for example i give you one month exactely before you get shutdown.Years ago there whas this guy who had a site with customazation tips for windows xp the name "windows" whas in his domain his site whas insanely popular and he earned money though ads he has been forced to hand over that money to Microsoft .......

 

[Jupiter551]

LOL or better yet...move your site to camgirlstats or something and sell him the domain name.

 

[Mfcwatchdog]

LOL or better yet...move your site to camgirlstats or something and sell him the domain name.

:mrgreen: that is dirty ! but they deserved it make sure you make the price high enough (look at there product price)

 

[Shaun__]

I dare you to try and make money with a productname windows cleaner for example i give you one month exactely before you get shutdown

Advanced Windows Cleaner is taken already, and has been for sale for years. So maybe you need to start saying Advanced Camscores just to be on the safe side.

 

[Zoomer]

Cheers all I was fairly sure they have nothing to go on simply because there's no trademark and I could not foresee any potential issue from them regarding their product name.

It just seemed a very strange communication (raised by the contact form) to question whether I knew of an existing product called Camscore. My draft email back points out that Camscore was chosen as it's the term MFC uses, but I held off sending it as I realised i was starting to explain myself.

At that point, I paused for thought. Surely there's nothing to go on, so why get into a dialogue when there is no need on my part to do so

 

[Shaun__]

Cheers all I was fairly sure they have nothing to go on simply because there's no trademark and I could not foresee any potential issue from them regarding their product name.

It just seemed a very strange communication (raised by the contact form) to question whether I knew of an existing product called Camscore. My draft email back points out that Camscore was chosen as it's the term MFC uses, but I held off sending it as I realised i was starting to explain myself.

At that point, I paused for thought. Surely there's nothing to go on, so why get into a dialogue when there is no need on my part to do so

I think they are just mad they are not the top result on Google. What they really need to do is send an email to Google asking to purchase that as an ad word if they want to be on the top, not try to scare you into doing something unnecessary.

 

[inkydoo]

The email clearly says it's not a problem, so I wouldn't respond if I were you. If it becomes a problem, then the onus is on him to get in touch with you. That said, I would keep that email, since it could be handy in the future, as a way to demonstrate that he was clearly OK with you using the domain / term.

 

[Deleted member 5167]

Specifically it says it's not a problem IF it's a "student study" and the use is "not long term".
This is actually their first step in causing trouble for you. What they want is reply back either saying "Yes, this is a short term student study and I am not implying ownership of the word." or "I'm sorry. I didn't know it was yours and will change it." You are NOT obligated to do so. It is their responsibility to pursue it. They may know they don't officially own the term. In that case, they will either attempt another similar vague email or they may drop it altogether. They might also believe that they do own the word or are trying to develop said ownership. (They have a copyright notice at the bottom of their page but no trademark notice.) In that case, their next step would likely be a little more official like a Cease & Desist letter. That's when it becomes a matter of replying. I think for now there is nothing to worry about. They obviously did not do their homework when choosing the name of their product.