Infringement of Trademark Chatroulette™



  • Dear …

    This firm represents Chatroulette, Inc., owner of the trademark Chatroulette™. The Chatroulette mark is the subject of United States Trademark Application Serial No. 85/214,314 for telecommunication and computer services, including on-line dating, on-line video introduction services, on-line video communications, video chat services, on-line computer database enabling strangers to meet and communicate real-time, and a social networking website for entertainment purposes.

    Chatroulette, Inc. objects to the registration and use of the following domain names, all of which are shown in WHOIS records as handled by PrivacyProtect.org:

    chatroulette-clone.com

    We demand that the registrants stop using the domain names and arrange for the transfer of the registration of such domain names to Chatroulette, Inc.

    Chatroulette, Inc. has used the Chatroulette mark for the identified services since at least as early as 2009. Chatroulette, Inc.’s use of the mark is prominently promoted on its website at www.chatroulette.com and in numerous other places. An example of Chatroulette, Inc.’s use of its Chatroulette mark is enclosed for your reference. All of the domain names identified in this letter were registered after 2009 and use Chatroulette, Inc.’s mark without its authorization.

    The registrants’ adoption of these domain names appears to be cybersquatting. These domain names include a name that is identical or confusingly similar to Chatroulette, Inc.’s trademark Chatroulette; the registrants have no legitimate interest in the Chatroulette name; and the domain names were registered and are being used in bad faith to attract Internet users for commercial gain.

    Further, the registrants’ unauthorized use of the above domain names and, where applicable, the registrants’ use of “Chatroulette,” “chatroulette,” “ChatRoulette,” “Chat Roulette,” or other variations, on the websites located at the domain names, infringes Chatroulette, Inc.’s trademark rights by creating a likelihood of consumer confusion, mistake or deception, and falsely implies an endorsement by or a preferred relationship with Chatroulette, Inc.

    We demand that the registrants promptly transfer the above mentioned domain names to Chatroulette, Inc., and remove and cease use of any and all references to “Chatroulette,” “chatroulette,” “ChatRoulette,” “Chat roulette,” “Chat Roulette,” “chatroulette.com,” and other variations on the above mentioned websites or in connection with any other domain names. This includes without limitation withdrawing all online posted materials containing the mark, destroying all printed materials containing the mark, and any other steps to insure that the registrants respect the trademark rights of Chatroulette, Inc. and avoid the improper use of its mark Chatroulette.

    Please contact me within seven days from the date of this letter to confirm that the infringing uses have been removed from the websites and to arrange for assignment of the domain names to Chatroulette, Inc. If we do not hear from you within this time frame, our client is prepared to take appropriate steps to protect its valuable rights.

    This letter shall not waive or otherwise prejudice any of Chatroulette, Inc.’s legal rights or remedies.

    Sincerely,
    SNR Denton US LLP


    This message was received today February 17, 2011 via e-mail from the legal representative of Chatroulette Inc. Our domain is chatroulette-clone.com and we provide chatroulette clone software to our clients, now what? What is your opinion?



  • Unfortunately they look very serious about that. My advice is just to avoid any legal issue because you can lose a huge amount of money. Just move your business as you are doing ..to a Random Video Chat or Roulette Video Chat. Just use only chatroulette as keyword.

    Good luck.

    Alexander



  • 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?



  • This is way the pay for a trademark.
    I would reply to the letter and invide them to your office to discus this issue.
    It's possible that they doesn't reply.

    Pieter
    http://www.camrumble.com



  • They also sent a similar message about a site we developed VideoEncounter.com .
    The domain does not contain "chatroulette" and the site has a much different layout and design compared to chatroulette clones.

    There was an email with an attached pdf sent to the secure domain's email address, although there was a clear contact button in the site menu.
    They want site owner to contact them for transfer of domain to them.

    So we suspect these emails are automated or sent by copy & paste staff.



  • I strongly suggest you consult your own legal. By unconditionally complying with their demand might imply you did infringe their trademark. That would allow them to build a case in the furture to make other claims. A lawyer can help you to settle this properly so there are no unforseeable complication.



  • The same message was sent to SkipCam.com. Everybody gets these messages?
    What about chatroulette.?? websites (??=country code like us, de, fr)



  • Similar message arrived for www.jabbercam.com

    The website's services appear to be competitive with Chatroulette, Inc.'s services. Such use of the Chatroulette mark is intended to mislead and confuse Internet users to falsely believe that such website is somehow related to, endorsed by or affiliated with Chatroulette, Inc.

    Our site title says "Chatroulette Alternative | JabberCam Random Video Chat" and it does not seem to be the original chatroulette, our software is a clone, like "Facebook clone" or "Twitter clone".

    Related to the domain, "chatroulette" is registered in almost every country with the respective TLD and most of them provide chatroulette-like services, what about these?



  • For those that don't have "chatroulette" in their domain, a smart thing to do would be to make sure there is no occurrence of the trademark text or add a disclaimer that any trademarks belong to their owners and site is not affiliated in any way.

    For those that have "chatroulette" domains a good idea would be to get a different domain.



  • 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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