Just received notice that Carnival plans to file a lawsuit against me

[PaulMedik]

Some of you may have noticed a 'contact me' link in my signature. The link takes you to a website that was once part of AOL and now is a stand alone website with the sole purpose of being able to send me messages. I listed our future cruises and my family's names and have NEVER offered to sell anyone anything cruise related or otherwise on the website. The only place I ever provided a link is here on Cruise Critic in my signature and many people have contacted me via that link to ask various questions, but none have wanted to buy anything and I've never offered to sell them anything.

 

Carnival cruise lines owns many things. Just a few days ago I bought CCL stock again so I guess technically I've infringed upon myself? :D

 

Anyhow, i just received the email below in my spam folder and find it amusing that Carnival Cruise Lines' Andrew Elkins feels that Carnival also owns it's passengers. Wake up Andrew. READ the name; CARNIVAL Cruiser. Carnival cruisers are independantly owned by themselves and are not subsidiaries of CCL. Carnival Corporation currently holds bookings for me and my family on cruises throughout 2012 and we've poured over $100,000.00 into the company in the past few years, but we're not about to hand over title to ourselves! We are the Carnival Cruisers and you are our hotelier and transportation service.

 

Dear Registrant,

 

Carnival Corporation is the owner of the well-known trademark and trade names including, but not limited to Carnival Cruise Lines. As you are no doubt aware, these trademarks are used to identify products, services, activities and events related to Carnival Cruise Lines.

 

In connection to Carnival Cruise Lines proprietary rights over its famous trademark we bring to your attention the following:

 

1) You have registered, without Carnival Corporation’s permission or authorization, the domain name carnivalcruiser.net. The domain name incorporates the famous Carnival Cruise Lines mark(s) in its entirety, and, by its very composition, suggests Carnival Cruise Lines sponsorship or endorsement of your website and correspondingly, your activities.

 

2) Your use of a domain name that incorporates the famous Carnival Cruise Lines mark(s) in its entirety constitutes trademark infringement and dilution of Carnival Cruise Lines trademark rights and unfair competition. Your use of our mark(s) in the domain name is diluting use because it weakens the ability of the Carnival Cruise Lines mark(s) and domain name to identify a single source, namely Carnival Cruise Lines. Further, your registration and use of the domain name misleads consumers into believing that some association exists between Carnival Cruise Lines and you, which tarnishes the goodwill and reputation of Carnival Cruise Lines products, services, and trademarks.

 

In view of your infringement of our rights, we must demand that you provide written assurances within 7 days that you will:

 

1. Immediately discontinue any and all use of the carnivalcruiser.net;

2. Take immediate steps to transfer the carnivalcruiser.net Carnival Corporation. To transfer a domain unlock the domain name (if the domain is masked, please also unmask as well) and respond to this email with the authorization codes. We’ll initiate the transfer and confirm when the transfer is complete;

3. Identify and agree to transfer any other domain names registered by you that contain Carnival Cruise Lines or are confusingly similar to the Carnival Cruise Lines mark(s);

4. Immediately and permanently refrain from any use of the term Carnival Cruise Lines or any variation thereof that is likely to cause confusion or dilution;

 

We look forward to hearing back from you within the above-mentioned time frame.

 

Sincerely,

Andrew Elkins

Brand Protection Manager

Carnival Cruise Lines

3655 NW 87 Avenue

Miami, Fl 33178

Telephone: 305-599-2600

Fax: 305-406-6269

brandprotection@mm-carnival.com

 

 

Point by point:

 

1. CarnivalCruiser is not the entire Carnival Cruise Line name.

 

2. I don't deal with consumers. I deal ONLY with enthusiests. Besides, I already mentioned that CarnivalCruiser is not the 'entire' Carnival Cruise Line name.

 

People who show up to work and send emails like this are the ones guilty of diluting Carnival's reputation.

 

I do not plan to reply to Andrew's email. He found the link here on Cruise Critic so I'll let him read my response here as well. Perhaps he will even sign up as a member and ask a few questions.

 

I always found humor in John Heald's blog where he posted a disclaimer and wondered if it was really needed, but I guess I'll have to add a disclaimer to CarnivalCruiser as well. What is perhaps most amusing is that I don't remember how to access it myself.....it's been too long. The site forwards messages automatically so I never have had to login. Poor Andrew thinks I can just send him a magic authorization code and I don't even remember it myself.

[Pushka]

If they have trademarked this name, then the bottom line is that they have the right to assert their ownership. The law works to prevent any confusion in use of brand name, and I think you might find their lawyers have that stitched up. It doesnt matter how you use the name, just the fact that you have used it.

 

I know it isnt nice to get emails like this, but the writer is (most likely) well within his rights to assert his company's right to protect their brand.

 

Think of it this way; let's say your used your website to slam the company - damage to their brand could be significant especially in the days of WWW. Of course, you are not doing this, but even now, there is potential damage to the brand.

 

We have trademark protection on our IP, and we have people contact us frequently to check if they can register various terms that many would think to be in general use.

 

A similar thing happened recently with Amazon's Kindle. Any website that used the work "kindle" in it, either had to get consent from Amazon to use that word, or close down, or use a different word, like the generic word 'ereader'.

 

PS - I have NOTHING to do with this Company but I do have a lot to do with IP and its protection.

[foxesden1]

I feel like this is groundhog day.. I was sure I posted on this topic, but it's gone...:confused:

[mariamherrera]

I feel like this is groundhog day.. I was sure I posted on this topic, but it's gone...:confused:

 

I know right? Every single last post I commented on today Is gone as if I never commented

[PaulMedik]

I feel like this is groundhog day.. I was sure I posted on this topic, but it's gone...:confused:

 

 

foxesden1,

 

You and I are both waiting on the groundhog.... :o

 

I know right? Every single last post I commented on today Is gone as if I never commented

 

 

I think Andrew from CCL did it. :o

[foxesden1]

Thank god it's not just me..

[kujobie]

I think carnivalcruiser.net ought to be worth at least $60. Maybe $100. Let us know how it works out.

[mariamherrera]

foxesden1,

 

You and I are both waiting on the groundhog.... :o

 

 

 

 

I think Andrew from CCL did it. :o

 

 

LOL well then Andrew needs to get a life! Or the mods .. who ever did it.... :D

[qlz19]

I am not a lawyer but it used to be first come first serve as far as domain names go. Remember in the dot com boom when people would buy up domain names and charge companies to use them. Tell em to go to heck(or ignore em) please keep us updated. This will be interesting to watch.

Good luck.

[Gig103]

To be the devil's advocate just for a moment, Trademark law has ruled time and time again that a trademark must be vigorously defended, or you chance losing it.

 

I am on your side though, Good luck! And don't forget the story of Mike Rowe Soft(ware). That kid ended up settling for all sorts of goodies since MS didn't actually have a way to force him offline. Maybe you can get an OS on the Magic or Breeze!

[Pushka]

I wondered why CC went offline for a bit!

 

It doesnt apply to dotcoms but in Australia you have to prove you are a rightful 'owner' in order to register for dotcom.au You are not allowed to register if you have no legal right to register it.

[MissRabbit]

I know right? Every single last post I commented on today Is gone as if I never commented

 

 

it's happening to me too. can't use the search feature either. I also can't get to the "next page" where i know my post is on (in another thread). Screwy things are happening lol.

 

 

to the OP... when did you register this domain name?

[*Mach*]

it's happening to me too. can't use the search feature either. I also can't get to the "next page" where i know my post is on (in another thread). Screwy things are happening lol.

 

 

to the OP... when did you register this domain name?

 

 

Two quick things... one, regarding the glitches here... there was some maintenance done overnight that likely caused the posting problems. There were no posts deleted from this thread.

Two... Paul... it sounds like someone at Carnival is trying to justify his position. Hang in there, pal...

:)

[pe4all]

Paul - I find CCL's "going after" you is crazy! I would think they'd have better things to spend their lawyer's time on than going after such a small fish. And you, of all people, who is so helpful to others. I know nothing of copywrites, trademark infringements, etc. I do know your "name" is not the same as CCL. You are a Carnival Cruiser - you didn't say you were Carnival Cruise Lines. I clicked on your link, and it looks innocent to me. CCL has to get a life, and worry about bigger things than one of their greatest supporters/cruisers having a link to help others. Maybe if you renamed it carnivalcruisers4 - that would make it more "personal" and less corporate in their eyes?

[golfadj]

Wow this will be an interesting thread to follow.

[KroozFoolz]

Well, as I stated in my "lost" :rolleyes: comments last night-

 

Carnival should be more interested in going after the scammers who send out postcards for "free cruises" which have Carnival's name and logo on them or else the public may infer that Carnival approves and is a partner to the scam. Everyone who receives such a post card should send an email to Andrew and complain and then mail the card to Andrew, as thanks to Paul, we now know who to contact at Carnival re this scam:

Andrew Elkins

Brand Protection Manager

Carnival Cruise Lines

3655 NW 87 Avenue

Miami, Fl 33178

Telephone: 305-599-2600

Fax: 305-406-6269

brandprotection@mm-carnival.com

 

Paul should make Carnival an offer to buy the website domain from him. Might be worth a couple cruises and save both sides legal fees. Maybe throw in a few shrimp cocktails as well. :p

[KroozFoolz]

Wow this will be an interesting thread to follow.

Actually it was already pretty interesting last night. That is interesting as well.

[Cruzaholic41]

I have family members in the arts, etc (who have to protect their work), and DH is a lawyer, so I have very limited knowledge of these issues. Domain names are normally first come first serve, but CCL may have a point with the word Carnival being in the name because it obviously refers to their brand. I know it sounds chicken crap, but technically, they may be right.

 

If so, and if this goes through, I highly recommend not posting about it here. From what I've seen in the past, internet blogs only hurt yourself. Just my advice. ;)

[simplylife0010]

I have family members in the arts, etc (who have to protect their work), and DH is a lawyer, so I have very limited knowledge of these issues. Domain names are normally first come first serve, but CCL may have a point with the word Carnival being in the name because it obviously refers to their brand. I know it sounds chicken crap, but technically, they may be right.

 

If so, and if this goes through, I highly recommend not posting about it here. From what I've seen in the past, internet blogs only hurt yourself. Just my advice. ;)

 

I agree. While it seems that the OP is very nice at giving advice here, he may want to pull back a bit and do a little homework before this ends up costing him a lot more than the price of a domain name.

[bptex]

I wouldn't worry about anything you receive in an e-mail from a brand protection manager. Now if you get something on a real attorney's stationary and it's citing actual laws I'd worry a little bit. If they are planning on taking legal action they'd send something registered mail, by sending an e-mail they have no idea if you'll ever get it and can't prove you did.

[Chief Cruiser]

I am most definitely not a lawyer, but have to deal with them quite often with my job. Knowing how they work, if I were the OP, I would NOT be discussing this issue in this forum and definitely not laying my strategy out in the open. I would seek advice from a lawyer specifically trained in trademark/copyright law to determine the legitimacy of Carnival's claim and if necessary, hire the attorney to handle the situation from this point on. In the meantime, I would keep my mouth shut and follow the attorney's advice. ;)

 

Just me thinking.................:)

[B and C Blake]

Well, as I stated in my "lost" :rolleyes: comments last night-

 

Carnival should be more interested in going after the scammers who send out postcards for "free cruises" which have Carnival's name and logo on them or else the public may infer that Carnival approves and is a partner to the scam. Everyone who receives such a post card should send an email to Andrew and complain and then mail the card to Andrew, as thanks to Paul, we now know who to contact at Carnival re this scam:

Andrew Elkins

Brand Protection Manager

Carnival Cruise Lines

3655 NW 87 Avenue

Miami, Fl 33178

Telephone: 305-599-2600

Fax: 305-406-6269

brandprotection@mm-carnival.com

 

Paul should make Carnival an offer to buy the website domain from him. Might be worth a couple cruises and save both sides legal fees. Maybe throw in a few shrimp cocktails as well. :p

 

First I am not trying to hijack this thread ...

 

Do you think this e-mail would be good to use concerning a letter I got in my e-mail. The e-mail named an employee trying to get me to pay money to a CCL access account for a divorce from a female laundry manger claiming to be my wif.... I AM a female, LOL. Also she is seeking to get child support claiming I abandoned her and my child, LOL

Anyway, would this be s good place to forward so they are aware of this??

 

OK back to this thread ...

I find this interesting to say the least.

I personally do not see what the issue is with your domain. It does not even show in Google. SMH

[richfret]

Is it just me or do you find this a bit confusing? Some thing about trademarks and Carnival and posts falling off and I bought the Carnival Stock any way and contact me but through a different site .............................? Remember when what, how, when, were and why would taught in Journalism 101. Those were the days.

[masspector]

I found this website about six spots down when I did a Goggle search for Carnival:

 

http://carnivalnyc.com/

 

So since it has Carnival in the name and Carnival has a ship sailing out of NY, is this site diluting the Carnival brand? Give me a break.

 

Let's look at it another way. Say the OP site brought Carnival a million dollars a year in sales. Would OP be getting the same email?

 

Companys with common english names should not be allowed to run roughshod over those names.

 

Starbucks? Pretty unique. Apple? Think that word has been around a bit longer than before Steve Jobs was a spark in his parents eyes.

[carsastic]

I would be careful.. while not the name entirely they can make a case .

You go to court you can probably win , however its going to cost.. remember they have lawyers on staff, getting paid weather the pursue you or not . and if you win you may not be able to collect attorney fees.

You might want to seek legal counsel on how to proceed or making comments

Sites with like domains , or people who register like names… used to be a windfall for the registrants like 8 yrs ago… many cases differ today with the courts leaning on the side of business

Best of luck to you