REPORT: Trademark Abuse

[songsammy]

Description

https://www.librespeed.cn/ has registered the domain and claim to be the copyright holder and the company behind even applied the patent (in China) and presented the patent code.

Server

https://www.librespeed.cn/ This is not my server. Today when I searched the internet, I found it.

Client

I'd rather not say.

Steps to reproduce

• Open https://www.librespeed.cn/
• Stroll to the bottom
• See the "patent" and "their" trademark

Expected behaviour

Contact your lawer and file a legal counter against it. DCMA may not work. Before in China, Json was even registered as a trademark.

Screenshots

[adolfintel]

Wow, they're not even using LibreSpeed itself :laughing:

@maddie do you know what would be the best way to deal with this?

[maddie]

Haven't found anything on the Chinese trademark registration bureau about them, and I doubt that they will give a sh*t about our complaints.😂

[adolfintel]

We could send an email to their registrar, maybe if it's in chinese they'll read it? wink wink

I really should have the trademark registered though before someone tries to take over the project in that way. I'll see how much it costs.

[songsammy]

they use speedtest.net. Maybe we can do this: Send a report to Ookla, LLC , who provides the service, tell them to remove librespeed.speedtestcustom.com Ookla is a US company, so they definitely will do it

[maddie]

So it seems they actually do have filed the trademark registrations in three categories:

Those three categories include the use in computer software, advertising, commercial use, computer software/hardware design and development.

I'm not sure how patents work across countries, and I think it's very likely that they won't respond to our complaints since we don't have a registration record prior to theirs.

[adolfintel]

I have no idea how it works across countries. If the problem stays in china I don't really care, I just don't want this project to end up like freenode. I'll try to contact ookla as @songsammy suggested

[Perflyst]

I really should have the trademark registered though before someone tries to take over the project in that way.

They can't take over the project / the code. They just use the name.

I just don't want this project to end up like freenode.

Why should that happen? Others can use the name LibreSpeed, but that's it. They cannot do any kind of take over. Also most open source project names are not registered in any way.

[adolfintel]

@Perflyst I think that may be a bit optimistic. What worries me is not the obviously fake sites (librespeed.cn and librespeed.com), but the fact that they bothered to trademark the name, because I half expect them to contact the registrar of the librespeed.org (netsons), claim that they own that name, and maybe do the same with the github organization.

[submgr]

I could be wrong, but maybe it's not a trademark registration? I heard that sites in China are often required register yourself. Let me remind you about their firewall and the fact that everything is strict there. Such registration is tied to a responsible person, and if there are any violations, they will be contacted. So it's most likely not a trademark, but I could be wrong:)

[choicky]

The domain of librespeed.cn is registered to a Chinese company named 济南拉瓦信息技术有限公司.

The company also applied LibreSpeed for registered trademarks in Class 9, 35 and 42 of NCL. Generally, according to the trademark law, the registered trademarks should be allowed, since it is first-to-file principle.

However, if you have evidence to prove that your librespeed.com or trademark LibraSpeed do have certain influence in China, you can sue this company and ask the company to stop using the domain and the trademarks, according to the Anti-unfair Competition Law.