Infringement of Trademark Chatroulette™



  • Does Chatroulette Inc. own the "chatroulette" trademark?

    Apparently, there are two applications (both pending) for the Chatroulette Trademark:
    Serial Number / Word Mark / Applicant
    1 85214314 | CHATROULETTE | Tick&Talk AG - Switzerland | filed on 2010-03-10 | Details here
    2 77955625 | CHATROULETTE | Chatroulette Inc. - USA,CA | filed on 2011-01-10 | Details here


    http://domaingang.com/domain-news/shocking-decision-chatroulette-becomes-trademarked/


    On Tuesday, February 15, 2011, status on the CHATROULETTE trademark changed to PUBLISHED FOR OPPOSITION (details).

    This means that the word "chatroulette" WILL BE trademarked very soon, unless someone will object to the registration.



  • Hello

    I just wanted to enquire where you are at with the chatroulette trademark issue ?

    It does appear that they are trying to trademark chatroulette depending on which country you are in.

    As far as im aware if they do trademark it, then they can stop you using any wording or anything to do with chatroulette on your website at all.

    Even if its not trademarked they could claim you were passing your site off as chat roulette.

    Its all a very complex issue and wondered where you were with it ?

    Joe



  • @'noseymale':

    Hello

    I just wanted to enquire where you are at with the chatroulette trademark issue ?

    It does appear that they are trying to trademark chatroulette depending on which country you are in.

    As far as im aware if they do trademark it, then they can stop you using any wording or anything to do with chatroulette on your website at all.

    Even if its not trademarked they could claim you were passing your site off as chat roulette.

    Its all a very complex issue and wondered where you were with it ?

    Ste

    As I understand, the trademark "Chatroulette" has been published for opposition and the trademark applicant/owner is Tick&Talk AG from Zurich, Switzerland:

    Application has been published for opposition. The opposition period begins on the date of publication.

    http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77955625

    We were contacted by a law firm on behalf of Chatroulette, Inc. and not Tick&Talk AG and Chatroulette Inc. doesn't seem to own the trademark, the application doesn't even have an examining attorney assigned:

    Current Status: New application will be assigned to an examining attorney approximately 3 months after filing date.

    http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=85214314

    Since it was a simple e-mail and everybody got it (who has a chatroulette-related website), it may not be a real claim but a genial trick:

    If you collect the e-mail addresses of your competitors and send a message, warning them to remove all references to "chatroulette", this will make the competitors drop their positions in Google searches. If only 20% will act upon this e-mail and you keep the keywords, it may help you get to a better position.

    I have no idea what is going on. Anyone?



  • Hi

    Well you need to seek legal advice, I know I have, to find out if their claim is legitimate, theres no other way around it, or you could find urself on more legal trouble, you need to speak to a trademarks attorney and it will cost you, but least you will know where you stand. They will let you know if that email is legal or not.

    You could be right it could be fake but you need to make sure it isnt.

    In the Uk someone has tried to trademark chatroulette too and chatroulette inc have objected to it, its not been trademarked by anyone yet.

    Its all pretty confusing as if you want to get your software popular for the keyword chat roulettte you need links to it and also to mention it on ur site, but if someone gets the trademark passed, they can stop anyone they want from doing this.

    Although when I spoke to my legal advisor, he said if chatroulette just turns into a general term then things could be different. As it could be argued that chatroulette is just the style of chatting and you could argue when you mention chatroulette you dont just mean their website you mean the word generally.

    Its a potential minefield and does seem off you have got that email if the trademark hasnt been passed, however you need to make sure I wouldnt just ignore it, it might not go away.

    Joe



  • @'christocoop':

    Yeah, not sure but it looks as if they are only concerned about the name being too similar to Chatroulette (Chatroulette-clone.com) but I'm no lawyer. Moving your business to the new Random Video Chat (RVC) name and abandon the the Chatroulette Clone (CRC) name seems to be the cheapest way to avoid further legal problems. You guys even said it yourself, your product is no longer a chatroulette clone because it does soo much more than what chatroulette does. To compare the two is harder now more than ever, a year ago it would of been easy to see similarities, now not so much. BUT my biggest concern is how does this affect your customers and those who plan to use your product in the ways they wanted?

    No way, but he point in that the infringement of intellectual property rights might be extended to the very concept of chatroulette, which does concern not only the name, but the whole idea. What is certain is that directly qualifying something as a clone of something else may entail the risk of legal actions at any moment. To change the name is cheap, and it is definetly the first step to take !



  • Apparently, there is no trademark yet, both applications pending for the Chatroulette trademark:

    • 85214314 | CHATROULETTE | Tick&Talk AG - Switzerland | filed on 2010-03-10 | An opposition after publication is pending at the Trademark Trial and Appeal Board.
    • 77955625 | CHATROULETTE | Chatroulette Inc. - USA,CA | filed on 2011-01-10 | New application will be assigned to an examining attorney approximately 3 months after filing date (2011-01-10).

    http://www.trademarkia.com/trademarks-search.aspx?tn=chatroulette



  • Status Update! On Tuesday, March 15, 2011, status on the CHATROULETTE trademark changed to OPPOSITION PENDING. http://www.trademarkia.com/chatroulette-77955625.html



  • I wonder who opposed them?



  • And that's not the chatroulette mark we should be following. This is: http://www.trademarkia.com/chatroulette-85214314.html



  • Chatroulette Inc. opposed the Swiss Tick&Talk AG's file.


 

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