Yeehaw. I just got a cease-and-desist letter from an entity that calls itself “Dixona Transport.”

I am evaluating my options as we speak.

Addendum: Here is the letter:

Mr. Truman,

I am writing to inform you that “Dixona” is a registered trademark of Dixona Transport, a Limited Liability Corporation in the State of Florida, with all rights reserved. Your web-site makes enough references to “Dixona” to appear first on a search using Google or Yahoo and this could cause potential customers to confuse an affiliation between your site and my company.

I respectfully ask that you remove all references to “Dixona” from your site. If you do not I will contact the following organizations about taking your site down or obtaining your identity to take you to court: Domains by Proxy your domain host, GoDaddy.com its parent company, and EV1Servers your site host. I will also consider taking other actions such as finding any other copyright or trademark violations on your site and contacting the holders of those copyrights or trademarks.

I appreciate your cooperation on this matter,

Michael Jeffries
President, Dixona Transport
[street address withheld]
St. Petersburg, FL 33703

Note: The name of the state has been changed from Dixona to Delosa.


Category: Server Room

About the Author

Will Truman (trumwill) is a southern transplant in the mountain east with an IT background who bides his time taking care of their daughter while his wife brings home the bacon. You will probably be relieved to know that he does not generally refer to himself in the third-person except when he's writing short bios on his web page.

15 Responses to Ceasing and Desisting

  1. Ethan says:

    I’d tell ’em to soap a rope. You didn’t lay claim to that name, you don’t claim to work there, and unless the C&D letter says something really compelling, they can’t prevent you from using the word “Dixona” in your blog.

    I wonder if they are just shotgunning C&Ds out without actually evaluating context. Losers.

  2. Ethan says:

    Oh, I forgot. I patented “Tangramayne”, so please excise all references to that term. Unless you refer to it as “Tangramayne: Now in refreshing white cranberry flavor!”

    You have ’til sundown.

  3. Barry says:

    I’d send them a C&D letter back requesting they immediately cease using the word “Trucking” and threaten with a class action suit on behalf of all transport companies across the U.S.

    Here’s something I wish I’d done a while back. My brother fronted a band called “R.C and the Boogeymen” (he was R.C.) I contemplated doctoring up a fake C&D letter to send to him on April Fool’s Day from the Royal Crown Cola Company, accusing him of copyright and name infringement in his band. I never had the guts to do it because I was afraid I’d scare him too badly…

  4. Abel says:

    You’ve got to be kidding me….what did you do to piss them off?

  5. Abel says:

    Apparently the domain name Dixona Trasport is available. Maybe you should purchase it. 🙂

  6. trumwill says:

    Ethan, as you can see the actual letter is not very compelling. I’ve little doubt of my legal standing on this particular matter. The question at this point is whether the easier course of action is to comply or not-to-comply. It’s ironic that you pick Tangramayne as that is probably one of my vulnerabilities, trademark-wise.

    Barry, when we were young my best friend and I did little creative projects under the name C&W Productions (C for his name, W for mine). Another friend, whose initials actually were CW, threatened to take us to court unless we let him participate in our projects.

    Abel, I get the sneaking suspicion that this guy just started up this company (the way he touts his LLC licensure as though it confers something substantial)and doesn’t really know what he’s doing.

  7. Ethan says:

    It’s ironic that you pick Tangramayne as that is probably one of my vulnerabilities, trademark-wise.

    Actually, same difference. You’re using it as a fictional place name, not in competition with whoever holds the trademark (although if Tangramayne is the trademarked name of the fictional place that exists in reality, hmmm).

    Either way, send this guy some a) soap and b) rope. I may refer this to the “Copyfight” crowd who could use some fresh chum.

  8. Webmaster says:

    A google search for “dixona transport” as a string comes up with precisely Jack.

    A google search without the quotes brings up a site on American Indian Botany and Taxonomy.

    Dixona is also the name of numerous real places in the world.

    And even if this dope DID have any meaningful trademark or reputation to stake upon it, he would only have such protections if you were in a competing business.

    Given that, and given that your blog has a disclaimer noting that all names are fictional, I suggest ignoring the idiot and moving on.

  9. trumwill says:

    Web,
    Yeah, I found the fact that there is no web presence to be odd. Another thing that makes me think that this guy just set up the company. If they are new, then doesn’t it follow that I can establish use of the name prior to his setting up the company? Oddly, though, I haven’t found a single city, state, or region called Dixona…only some house in Tennessee.

    And I don’t think that you actually have to be in a competing business. I don’t think I could start up a clothes store called Starbucks, for instance. But I probably could name a city or state in Trumanverse Starbuck.

  10. trumwill says:

    Ethan,
    Tangramayne is a fictional place, though not a pseudonym for a real place. I think Interplay (or whoever owns the rights now) would have a better case if they chose to pursue it.

  11. Barry says:

    I don’t think I could start up a clothes store called Starbucks, for instance. But I probably could name a city or state in Trumanverse Starbuck.

    Oh, but then you’ll start getting in trouble with the Sci-Fi Channel and Glen Larsen. And you’ll want to have none of that.

    Not to mention the estate of Herman Melville.

  12. Abel says:

    What a dope. Considering how you’re using the name Dixona, I doubt you have anything to worry about.

    Here’s a letter you can send him.

    Dear Mr. Jefferies:

    I noticed when I type in Michael Jefferies into a search engine, there are thousands of people with such a name. I feel bad that other people have to be associated with someone so pompous and stupid.

    Therefore I respectfully ask that you immediate change your name so when people search for Michael Jefferies they don’t happen to confuse the person they are searching for with you. Failure to do so will result in any necessary legal action to change your name to something more unique.

    Sincerely,

    Trumwill

  13. Abel says:

    I did a quick search at the US patent and trademark office. I was unable to find any term with the word “Dixona” trademarked.

    http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=glhtku.1.1

  14. Hit Coffee » Dixona Is No More says:

    […] : trumwillFiled at: Cyberspace, 9:54 pm,

    Some of you older readers will remember a cease-and-desist letter I got from some company called Dixona Trucking. We more-or-less agreed that I sho […]

  15. Hit Coffee » Senile Old Fools in Black Robes says:

    […] Desist letter some shyster snake just sent you claiming a blog entry ’s fake name is too close to his non-trademarked, imaginary trucking company’s name; imagine the chilling effects o […]

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