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vpsforfree.com states legal action against freevps.us
edited March 2012 in General
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What a shame, I couldn't reply to the thread.
In any case, a Trademark does not give you rights to sue. It's nothing more than the registered date that a name or logo was put into use. Not to mention that WHT will simply tell them to piss right off when they start demanding information.
Out of curiosity... vpsforfree doesn't seem to be affiliated with LET <_< Any particular reason for bringing this up here, rather than with them?
From their post:
That site is a joke, yet they are accusing you of been the "Bunch of kids"
The post borders on slander on its own, I am pretty sure an accusation of slander is considered slander if it cannot be proven.
Anyway, all these 'free' just tend to end in trouble for hosts, customers, forum owners etc etc and now WHT is getting dragged in too.
good luck @dmmcintyre3 i know you can pass this problem.
is it real??? O_o
is it real??? O_o
Not quite, they applied for a trademark of "FreeVPS"
yeah,, you are still in a good way.. Freevps.. :P
Additionally, I'm sure that you can prove you were using the conceptual name of "FreeVPS" before 1/26/2012...
Was just about to say the same thing :P
November 2010 > January 2012. You win.
The attorney is called Furr. Nuff said.
Trademark != Copyright.
A trademark is the registered use of a name/slogan/etc, it does not give exclusivity. Unless these clown shell out for protected copyright, they haven't a leg to stand on.
They seem to be oldtimers of freevps.us and had started that site after some strifes. I get headache reading some of the so called english posts. ouch.. but their offers are good. for newbies who have so much time why not///
reg takedown, it is a joke. any lawyer who has dealt a domain takedown case before wont take up that one. however for newbies;) why not
It's the lier who tried to take over freevps.us in January this year.
@liam Story here with a audio version
Ehm, well, yes, the point of a trademark registration is to protect your distinctive mark that identifies your service or product, etc. Exclusivity (in your group) is exactly what it's for.
E.g. a company can own a trademark on their name/logo, but they own a copyright on their design. (e.g. coca cola and the coca cola cans)...
@qenox - yup, thanks for pointing that out. I didn't clarify very well, I was trying to put across that without a registered business, trademark 'theft' can't really be pushed without a good deal of legal fees. Especially considering that the vpsforfree chap appears to be AUS-based.
That said, there's no way that registration (FreeVPS) will actually hold. Also a free vps != FreeVPS. It's also only registered in one class "Hosting computer web sites".
An individual can register a trademark too. But either way, this hasn't even been approved and when it's published for opposition just file the opposition.
The fact that it's AUS based won't make a huge difference.
As you said, defending the mark is quite expensive.
Grant in that forum post has terrible grammar, although my grammer is crap.
Did they register the FreeVPS trademark before or after FreeVPS.us was started?
I... don't think that was a yes or no question <_<
Damn it, too much for my Autism.. >_>
I take lots of stuff literally when I'm not meant to and get vexed over it due to that.
Maybe this is their earning strategy? Trademark random phrases and hope someone will pay out?
Not like they're gonna make much money with the service they provide currently.
@DotVPS it sure is! Someone has created http://vpsforfree.isgreat.org and http://vpsforfreesucks.tk to show proof of what Grant has done.
@lvraatiems Actually, they aren't making ANY profit from it. They are buying dedi's then selling them for extremely low prices. Example: 24GB Ram Dedi for $20/month. And providing WHMCS licenses for only $2.00/month..