Infringement of Trademark Chatroulette™

[RVC Video Chat]

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 http://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

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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?

[atorrado]

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

[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?

[camrumble.com]

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

[VideoWhisper.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.

[pchoy]

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.

[Many]

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

[RVC Video Chat]

Similar message arrived for http://www.jabbercam.com

Quote: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?

[VideoWhisper.com]

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.

[RVC Video Chat]

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

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http://domaingang.com/domain-news/shocki...ademarked/

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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.