mynoise.net or .com?
Please do not feed the Walters

Please do not be misled: all mynoises are not equal. On the one hand, there is this website - mynoise.net - which appeared first in April 2013. On the other hand, there is a therapy sold by Dr. Uso Walter under the same name on mynoise.com, which tries to capitalize on the reputation of my original work.

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Foreword

This website — mynoise.net — is a success. Maybe not in terms of a business, but in terms of a website that generates a lot of enthusiasm among its users, that’s for sure. About 15,000 people visit this website every day, and one can find hundreds of positive user testimonials relating to mynoise.net on the internet.

The mynoise.net website has been carefully designed to help people with tinnitus, hyperacusis, and anxiety problems, among others. It's a free website that exists via visitors’ donations. I like the idea that one should not make money from people's adversity, especially when a solution to their problems can be found by something as simple as a browser emitting sounds. We live in a wonderful era where content can be made available to the world with virtually no distribution costs. Let's take advantage of this to change the paradigms of classic business!

Sound therapy can achieve miracles, but it very much depends on the individual and the exact nature of their complaint. Sound is not a universal cure-all, but if it works, it is probably one of the least intrusive ways to cure your problem. So, a good sound therapy is definitely worth a try if you suffer from the aforementioned symptoms.

Personally, I enjoy making my sounds available to the widest possible audience and continuing to develop my website from voluntary donations. Not only does my revenue come from the satisfied customers I have helped — which is rewarding — but every one of these customers contributes to his or her own wealth too — something that is very dear to me in this world of increasing inequalities.

I have no problem, though, with therapists selling sounds... and promises. Everyone chooses the model that works best for them. The problem arises when a therapist associates the word 'mynoise' with his product, charges for his services, and tries to capitalize on the reputation of my website. Time to introduce Dr. Uso Walter, and his mynoise tinnitus therapy promoted on mynoise.com Did you notice the major difference? It did strike you immediately, right?

Since I am an intervener in that matter, in the next section I will stick to the facts. The main purpose of this page is to make it clear which of the mynoise websites came first, and which is the most legitimate in my opinion. This page will exist for as long Dr. Uso Walter continues to use the mynoise trademark in a way that can only bring confusion to my website, my users, and his therapy.

Stephane

History

• The 'mynoise dot net' domain name was registered by me on 2013-02-24 [ref]. At that time, 'mynoise dot com' was already owned by a company called Business Name Creations [link], a company that buys domain names and tries to sell them at premium prices later on.

• The 'mynoise dot net' website was effectively launched on 2013-04-04 [ref]. I received my first dollar (yeah!) on 2013-04-14 [ref]. At that time, the 'mynoise dot com' domain was still owned by Business Name Creations [ref].

• The first Archive.org snapshot relating to 'mynoise dot net' dates from 2013-04-12 [ref]. It shows a website that closely resembles the current one, and is already aimed at tinnitus and hyperacusis therapy.

• The 'mynoise dot com' domain name points to Business Name Creations at least until 2014-01-09 [ref] or beyond. On 2014-03-07, 'mynoise dot com' links to 'mynoise dot de', a German domain owned by Dr. Uso Water [ref].

• A quick check shows that 'mynoise dot de' was not yet in use when 'mynoise dot net' had already been launched. It showed a generic hosting page on 2013-06-20 [ref], and until at least 2013-12-26 [ref]. On 2014-03-07, 'mynoise dot de' promotes a tinnitus therapy called 'mynoise' [ref] which then appears to be a registered trademark in Germany. Coincidentally, the trademarked logo uses the same distinctive orange color as used on my website.

• The German trademark owned by Dr. Uso Walter was filed on 2013-07-06, and granted on 2013-12-03 [ref]. Surprisingly, it is possible to register a trademark in Germany that has already been used internationally in a similar context. At the time the German trademark was granted, 'mynoise dot net' had already served 25,107 sessions only in Germany, shared by 13,425 German users, totaling 1,770 hours of online listening for that country [ref]. One cannot argue that 'mynoise dot net' was not active in the German market at the time Dr. Uso Walter applied for a registered trademark.

• On 2016-02-15, Dr. Uso Walter announces he is going international with 'mynoise dot com' [ref]. From that point, 'mynoise dot com' no longer redirects to 'mynoise dot de', but hosts its own content in English. One can read messages from 'mynoise users' (sic) there, clearly causing confusion to our different user communities.

• On 2016-03-03, Dr. Uso Walter has been formally requested to stop confusing users with his mynoise therapy [ref].

Why is this misleading?

The name 'mynoise' on 'mynoise dot com' causes an inevitable confusion with 'mynoise dot net'. Indeed, the 'mynoise dot com' website is also intended for individuals suffering from tinnitus or hyperacusis, it features and relies on sounds, and it is written in English. However, the featured services incur a charge, as opposed to the 'mynoise dot net' free online noises. The use of the domain name 'mynoise dot com' and the business name 'mynoise' leads to possible confusion with users of 'mynoise dot net', which is prejudicial for me, especially in terms of negative reviews concerning Dr. Uso Walter's charged services. I am also firmly opposed to the use of the term 'mynoise user' on the 'mynoise dot com' website and on social media managed by Dr. Uso Walter. I do not want the term 'mynoise user' to refer to the users of his service. Apart from anything else, I fear that users who wouldn’t be happy with his charged services may confuse his service with my own. Finally, the 'mynoise dot com' website indubitably benefits from the reputation of the 'mynoise dot net' website, which is far more referenced online than 'mynoise dot com'. Legally, the use of the domain name 'mynoise dot com' can be considered as a registration in bad faith according to art. XII.22 of the Belgian Code de droit économique. I can only ask (and have asked) Dr. Uso Walter to refrain from using the domain name 'mynoise dot com'.

Both are doctors... So, how do you tell the difference?

Check out these exclusive YouTube footages. On the one hand, Dr. Walter from 'mynoise dot com'. On the other hand, Dr. Pigeon (and his wife) from 'mynoise dot net'.

PS. Please, do NOT feed the Walters ;-)