We claim proprietor trademark for the name “Hardcore Games” and the banner design which is present on every page on the site. Passing off as Hardcore Games™ is a common law tort enforceable in Canada. Its also a criminal offence which contravenes several statutes.
The user(s) of hardcoregames.net was infringing on our trademark. Despite out efforts the operator of the infringing site and other parties have failed to comply with the take down requests.
We commenced proceedings to enforce our trademark in July 2015.
We first contacted GoDaddy who denied being the registrar. We presented counterexample of the whois report from ping.eu which shows them as registrar.
GoDaddy did provide us with the correct registrant’s full name and address to wit:
- Registrant Name: Alex Jackson
- Registrant Organization:
- Registrant Street: 1011 North Lawrence Street
- Registrant City: Philadelphia
- Registrant State/Province: Pennsylvania
- Registrant Postal Code: 19123
- Registrant Country: United States
- Registrant Phone: +1.2679020013
- Registrant Email: firstname.lastname@example.org
We repeatedly contacted registrant who refused to cooperate. Following an exchange of email messages we then approached the registrant’s ISP(s).
We contacted the ISP (Media Temple) who possibly was hosting the infringing site but to no avail. This makes them an accessory after the fact. We identified the ISP by use of the tracert which can identify the network and operators easily.
We have also noticed another ISP, synthesis which uses wordpress which may be operating as a cloud server with media temple. We have contacted them with a take down notice as well.
The site now uses “Gaming Portal Or Gamers Blog” as the site title. There are 7 posts in the WordPress database all dated from 2016 which is subsequent to out complaints which we commenced in 2015,
viewing the source showed:
<meta name="description" content="Portal For Game Fans. Good Tips And Interesting Tricks Are Waiting For You. We Will Help You To Become The Best Gamer." > <meta name="keywords" content="gaming,play games,online games,flash games,game tricks" >
This site has not been updated since December 2016 and it seems to be abandoned. There are no advertisements so somebody has wasted some cash with a long term registration.