Tumblr porn crackdown
Out of context: Reply #36
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So I received this, this morning:
Dear Mr #%$$#%#
This letter is being written to you on behalf of our client Tumblr, Inc. (“Tumblr”). Tumblr is the owner of widely recognized trademark rights in the TUMBLR trademark. Indeed, Tumblr has secured numerous registrations for that mark, including the following registration in the United States Patent & Trademark Office: Registration Nos. 3714214, 4319728, 4341002, and 4341003, and the following registrations in Australia: Registration Nos. 1295070, 1474954, and 1507377. Tumblr has used the TUMBLR mark in connection with a variety of online services, including social networking services, advertising and marketing services, blogging services, and other related services, each of which are covered by trademark registrations. Through this use and the popularity of Tumblr’s products and services, the TUMBLR trademark has become firmly associated with Tumblr in the minds of the public.
In Tumblr, Inc. v. Kim, Case No. D2013-0440, available at http://www.wipo.int/amc/en/domai…, the panelist stated:
The Panel recognizes that as of the date of the filing of the Complaint, the Complainant’s Tumblr platform hosts over 91 million blogs with over 140 million unique visitors per month. The term “tumblr” is a coined word, having no meaning other than as a mark denoting the goods and services of the Complainant. It is also recognized that the Complainant has continuously and extensively used, advertised, marketed and promoted the Complainant’s mark both within the United States and in foreign countries. In light of the fact above, the Panel recognizes that the Complainant’s mark has obtained goodwill enough to identify and distinguish its goods and services.
Furthermore, in Tumblr, Inc. v. Kimber, Case No. D2012-0609, available at http://www.wipo.int/amc/en/domai…, the panelist confirmed that the “TUMBLR services enjoy[] a substantial degree of public recognition.”
Despite the foregoing, Tumblr has recently learned that you have registered the domain names nsfwtumblr.com, tumblradult.com, and tumblrnsfw.com (the “Infringing Domain Names”) and that you intend to launch a website to be located at the nsfwtumblr.com domain name which will directly compete with Tumblr’s business. Tumblr contends that your use and exploitation of the Infringing Domain Names constitutes willful trademark infringement, cybersquatting, trademark dilution, and unfair competition. Consumers who become aware of your website and the Infringing Domain Names may erroneously believe that your services and/or online activities are licensed, sponsored, or authorized by Tumblr. Furthermore, your use of the Infringing Domain Names dilutes the distinctiveness of the TUMBLR trademark by trading on the goodwill and reputation that the public associates with Tumblr.
Your bad faith intent to profit from the fame of the TUMBLR mark and from Tumblr’s online business is made clear by your registration of three separate domain names each of which feature the TUMBLR mark, as well as your comments in the chat room at http://www.qbn.com/topics/682111… regarding your intended use of the nsfwtumblr.com domain name. Tumblr considers your infringing conduct to be extremely damaging to its rights and reputation.
If you have any question as to your liability under the Anticybersquatting Consumer Protection Act as well as other laws, we call to your attention the following cases decided under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”): Tumblr, Inc. v. Xiaobing, Case No. FA1303001492271, available at http://domains.adrforum.com/doma… (ordering transfer of tumblr.us); Tumblr, Inc. v. Kim, Case No. D2013-0440 (ordering transfer of tumblrcom.com); Tumblr, Inc. v. Sufen, Case No. D2013-0146, available at http://www.wipo.int/amc/en/domai… (ordering transfer of wwwtumblr.com); Tumblr, Inc. v. Kimber, Case No. D2012-0609 (ordering transfer of tumblrlinks.com). Notably, as the Kimber case makes clear, your addition of other terms to the TUMBLR mark does not absolve you of liability. Indeed hundreds of cases brought in court and before the UDRP demonstrate that the addition of descriptive terms such as “adult” or “nsfw” to a unique trademark such as TUMBLR can exasperate infringement rather than avoid it.
Through your receipt of this letter, you have actual notice that your actions constitute, trademark infringement, cybersquatting, trademark dilution, and/or unfair competition. Failure to transfer the Infringing Domain Names to Tumblr would constitute willfulness and, Tumblr would be entitled to additional remedies, including attorneys’ fees and damages.
Based on the foregoing, we demand that you agree to immediately transfer the Infringing Domain Names to Tumblr.
In light of the notice posted (as of July 25, 2013) at http://nsfwtumblr.com that you intend to launch your blogging website on July 31, 2013, we further demand that you contact us before Monday, July 29, 2013, to confirm your agreement to Tumblr’s transfer demand. If you do not do so, we will be forced to recommend that Tumblr immediately take further legal action.
This letter is not a complete statement of Tumblr’s rights in connection with this matter, and Tumblr expressly reserves all of its rights, including its rights to bring action under the Anticybersquatting Consumer Protection Act, applicable case law, and/or ICANN’s Uniform Dispute Resolution provisions.