Editor’s Note: The first item below is a news story posted Monday (July 27) on the RVeNews website about a copyright battle brewing between two rival RV news distributors. The second is a blog written by Greg Gerber, one of the contestants.
An attorney representing Don Magary, owner of RV News, sent RVeNEWS founder Greg Gerber a certified letter today (July 27) demanding that Gerber stop using the RVeNEWS brand.
“Needless to say, ‘RVeNews’ is the same or confusingly similar to my client’s established business trade name, RV News, and has caused, or will likely cause, confusion in the marketplace,” wrote Henry W. Stein, with the law firm of Stein and Stein, of Mesa, Ariz.
Stein contends that Magary’s company, Website Management, owns the domain name rvnews.com and that RV News has been published since 1975. “RV News has served the recreation vehicle industry for more than 30 years throughout the United States,” Stein wrote.
“My client recently learned that you are maintaining a website known as ‘RVeNews” which purports to serve the same market as The RVeNews,” he added. “Moreover, your securing the domain name RVeNews.com is likely a violation of the anticybersquatting consumer protection act, 15 U.S.C. chapter 1125, other statutes, laws or rules.”
“By this letter, my client hereby demands that you immediately and forthwith cease using, marketing, advertising or otherwise employing the name ‘RVeNews’ in its trade name and/or as part of its domain name,” wrote Stein. “In the event you fail to honor this demand within 30 days, you will leave my client little choice but to pursue its remedies through the United States District Court. We trust, however, this will not be necessary and look forward to your immediate cooperation.”
Gerber did not immediately wish to comment, but said he would address the issue in his blog Monday afternoon.
Meanwhile, the RVeNews notes on its site: 25 DAYS until RVeNEWS switches to a new domain. More details to follow.
Gerber’s blog, first posted Monday afternoon (July 27):
A funny thing happened last week. While I was putting 1,800 miles on my car attempting to learn more about the RV industry and to better serve our readers, my competitor — Don Magary, of RV News — was consulting lawyers.
Apparently Mr. Magary feels that my 120-day-old website and daily newsletter causes a great deal of confusion among readers of RV News, a monthly online publication. He and his lawyer have given me 30 days to cease using RVeNEWS in any marketing or even using it as part of the domain name.
I’m sure we could easily beat such a frivolous lawsuit, but that would distract me from building this business and serving our readers during a time the industry is rebounding. Besides, my website wasn’t built on a name, it was built on content.
I certainly don’t want to inconvenience anyone looking for breaking news in any of the 1,478 stories we have posted at RVeNEWS.com in the past 120 days. People may forget to type the “e” in our domain name and wind up on Magary’s site scratching their heads and thinking, “What the #@(!?”
So stay tuned. The fun will start later this week.