BHW I need your help!! Got sued

[thegreatonee]

i received email unlawful use of ig trademark/service mark and infriging domain name..

At the end of the email they said that they demand me to cease use or planned ig marks and remove any references.
2. Contact them to discuss the licensing or use any of confusingly similar domain names.
3.transfer the domains somewhere
4. Forever refrain for using any again
5. Do not attempt to register or renew again
6. Send them email providing the confirmation of my compliance with the demands.

Than they said they willing to consider amicable resolution provided that i comply with their demands and that they receive written confirmation from me or my attorney.
“Please contact us by email to resolve this matter immediately”

them:Nothing in this letter shall be deemed a waiver of any rights, remedies or defenses of *** which are hereby expressly reserved.

they got all my info from domain provider..

i check the domain is delete from my domain register account, i also deleted everything from my hosting provider.

i tried to call him no response.. I don’t know what to do.. im a bit scared to send email back

 

[zachjonespro]

Lawsuits are normally for monetary damages and injunctive relief. You could be sued for money.

 

[thegreatonee]

What is your hosting provider name?

Namecheap

Lawsuits are normally for monetary damages and injunctive relief. You could be sued for money.

I dont have money

 

[Bajanman]

You cannot be sued for owning a domain name. You can use any domain name you like even if it has another entity's name in it. You may not however, use another entity's brand, name, trademarked intellectual properties or likeness on a website or other marketing materials without their consent. For example, I can create the domain www.yummykentuckyfriedchicken.com which leads to my brand Yummy Fried Chicken USA.

 

[thegreatonee]

Did you input the real billing details in namecheqp??

Well yes, but thats expired address where i lived like 5-6 years ago..

You cannot be sued for owning a domain name. You can use any domain name you like even if it has another entity's name in it. You may not however, use another entity's brand, name, trademarked intellectual properties or likeness on a website or other marketing materials without their consent. For example, I can create the domain www.yummykentuckyfriedchicken.com which leads to my brand Yummy Fried Chicken USA.

Thats what i was thinking too, but surly i had smth related to their logo or brand name in the content.. I can’t see because I don’t own the domain. It’s not on my namecheap anymore, they deleted it probably…sending them email back im scared not to admit that i did smth like that.. so whats should I do? I called that lawyer no response. Btw im not usa citizen too.. im from Balkan

 

[Monzani]

no worries
you are in Balkans
you have already deleted everything regarding the subject and will not be using this material
you tried to contact them, but couldn't

I sincerely would ignore this, is this the first time you receive threats of lawsuits on the internet? welcome to the club

 

[thegreatonee]

no worries
you are in Balkans
you have already deleted everything regarding the subject and will not be using this material
you tried to contact them, but couldn't

I sincerely would ignore this, is this the first time you receive threats of lawsuits on the internet? welcome to the club

Yes bro first time and Im scared af… i called that guy doesn’t answer.

thinking to call him again tomorrow and tell him that I can’t delete anything since they already delete evrything

btw they said deleting won’t help since they already got everything..

 

[N3WY0RK]

Now is the time to lawyer up and buck back! Send cease and desist letters to all of them and threatening voicemails!

 

[BassTrackerBoats]

Do not even acknowledge them.

They are not going to sue you; that is just a tactic to get you to do what you have already done.

I've received enough of those communications that you could cover the walls in an Amazon warehouse and still have some left over and nobody ever sued me.

 

[thegreatonee]

Do not even acknowledge them.

They are not going to sue you; that is just a tactic to get you to do what you have already done.

I've received enough of those communications that you could cover the walls in an Amazon warehouse and still have some left over and nobody ever sued me.

So one question, im definitely not gonna send email, should i try to call him and explain that everything is deleted by them already without admitting that i used anything like that or if he doesnt call just ignore it

 

[oldguyjoe]

You are not getting sued, at least not yet and probably won't get anyways. You got a C&D letter. If you want some peace of mind, find a lawyer and have him review everything and they'll tell you what your exposure is. Likely there is barely any exposure so relax, you'll be fine. It goes without saying that you have to talk with your lawyer first, NEVER engage in replying by yourself. Your lawyer will tell you to STFU as well, ignore everything and let your lawyer send responses, if they choose to do so. (they probably won't). This just proves you did something right to get noticed. In business, legal threats are part of the extortion or negotiation tactics and doesn't make one automatically wrong or right.

 

[breakcode]

So one question, im definitely not gonna send email, should i try to call him and explain that everything is deleted by them already without admitting that i used anything like that or if he doesnt call just ignore it

Don't look for problems yourself, if he doesn't call, don't do it.

 

[thegreatonee]

Thanks alot for all your help guys, to be honest im feeling a bit better now.. hope everything will be fine..

 

[thegreatonee]

Don't look for problems yourself, if he doesn't call, don't do it.

I already did but he didn’t pick up

 

[BassTrackerBoats]

So one question, im definitely not gonna send email, should i try to call him and explain that everything is deleted by them already without admitting that i used anything like that or if he doesnt call just ignore it

Ignore it completely.

 

[thegreatonee]

Ignore it completely.

Thank you bro! Respect

 

[thegreatonee]

You are not getting sued, at least not yet and probably won't get anyways. You got a C&D letter. If you want some peace of mind, find a lawyer and have him review everything and they'll tell you what your exposure is. Likely there is barely any exposure so relax, you'll be fine. It goes without saying that you have to talk with your lawyer first, NEVER engage in replying by yourself. Your lawyer will tell you to STFU as well, ignore everything and let your lawyer send responses, if they choose to do so. (they probably won't). This just proves you did something right to get noticed. In business, legal threats are part of the extortion or negotiation tactics and doesn't make one automatically wrong or right.

While **** has numerous legal options in this matter, it is willing to consider an amicable resolution, provided that you comply with the above demands and that we receive written confirmation from you or your attorney. Please contact us by email to resolve this matter immediately.
Thats written in email

 

[CreativeDaddy]

Ignore them, they just want your domain lmao

 

[Surfdbreak]

Setup on a different server with a non dmca registrar and invite them to your new product launch

 

[thegreatonee]

“Please be advised that this domain name may be currently lodged with the Court as part of ongoing lawsuit.”

does this mean that im being sued?