Legal Question in Intellectual Property in Missouri

I run a fan-based site for a facebook game called Frontierville. I recently received an email saying I was infringing on their trademark and that I needed to shut down. I do take this as a serious claim. However, It is a fan site and I was wondering if there was some legal jabber I could provide to my fans to continue running my site without having to worry about a lawsuit heading in my direction.

Here is the letter I received.

Dear Kenny Brown,

I am writing from Zynga Game Network Inc. (�Zynga�). Zynga is the owner of the well-known trademark and trade name Frontierville. As you are no doubt aware, Frontierville is the trademark used to identify products, services, activities and events related to Zynga, including video game software and entertainment on wireless devices and computers.

You have registered, without Zynga�s permission or authorization, the domain name 'frontiervillefacts.net' (the �Domain Name�). The Domain Name incorporates the famous Frontierville mark in its entirety, and, by its very composition, suggests Zynga�s sponsorship or endorsement of your website and correspondingly, your activities.

Your use of a Domain Name that incorporates the famous Frontierville mark constitutes trademark infringement and dilution of Zynga�s trademark rights and unfair competition. Your use of our mark in the Domain Name is diluting use because it weakens the ability of the Frontierville mark to identify a single source, namely Zynga. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Zynga and you, which tarnishes the goodwill and reputation of Zynga�s products, services, and trademarks.

In view of your infringement of Zynga�s rights, we demand that you provide written assurances within 7 days that you will:

1. Immediately discontinue any and all use of the Domain Name; and

2. Immediately and permanently refrain from any use of the term Frontierville or any variation thereof that is likely to cause confusion or dilution.

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

Sincerely,

Jennifer Lam

Zynga Game Network Inc.


Asked on 9/22/10, 4:48 am

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Take this very seriously. Jennifer Lam is entirely right, SO FAR. However, there are steps you can take to change the situation. A good trademark lawyer can outline them to you. I have solved these problems many times with appropriate "jabber". You are expecting detailed legal advice for free by asking on lawguru? Not going to happen. Lawyers charge for specific advice.

By way of general advice, you have to disassociate yourself from Zynga to the satisfaction of Jennifer Lam. She is just doing her job (quite well it seems to me.) If you hire a good trademark attorney, Ms. Lam will respect and trust that attorney, and you will likely avoid litigation and yet get to keep your domain name and continue with your site.

I can help you, but not for free, or can refer you to someone else. I am a Missouri attorney, and you should have a Missouri attorney so local law is taken into account and so you have a believable threat of filing what is called a Declaratory Judgment action locally should Ms. Lam not try to work this out amicably. She does not want to trigger a lawsuit against Zynga, as her employer would not like her for that.

Do not write her a nasty note back unless you want to get sued. Let an attorney write her so the letter speaks in language she will understand and respect. If she knows you are represented by competent legal counsel her tone will change dramatically.

Pick up the phone or email. I look forward to your call or email.

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Answered on 10/02/10, 12:10 pm


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