microsoft lawyer emailed me...

[jls1985]

Oh, this is really bad... they ask you for an amicable settlement and they stated:

(a) transfer the domain name to Microsoft; and
(b) refrain in the future from using Microsoft logos and trade dress to promote non‐
Microsoft products and services.

so meaning you need to do both and you have no chance to choose other way around. it would be best to do whatever they ask move one. copyright and trademark infringement is an international law and recognized around the world and you are going to be bound by such laws especially when your country is a signatory for such laws.

it is better to give into it than lose thousands of dollars fighting for it and you know you have violated the law and it's clearly obvious.

 

[russaus]

My old company owned all the NFL team names back in the day It was fun getting cease and desist orders from lawyers. Shit happens.

Milk the domains while you can but also consider your personal wealth. Do you have more money than Microsoft (or any brand name domain you own)?

Play ball, bottom line. Ask them to call you. Ask them to fax you. Ask them to mail you an official letter.

I live in Costa Rica. Sell it to me and those mother fckers can come get me - j/k

you guys need to start thinking harder about how to pick good domain names.....trademark names are the worst way to go....especially after you get a c&d letter.

^ can't agree with this more.

 

[CashFlowGuy]

I dont fuck with laywers. I had a guy come on my blog, and he was telling me to take off his content that i used months ago and he was making threats. I took it down, sent him an apology letter, told him i never get take his shit, or mess with him again, that i would stear clear of him for the rest of my life.

The reason you say that is to make it sound like your meeting his demands, and doing somthing extra on your part to make sure he doesnt have to fuck with you

Thats just my take anyways.

 

[Nookie Monster]

I agree about making sure the email is legit. If it is cut your losses and move on. Just call it a cheap education.

PR: wait...

I: wait...

L: wait...

LD: wait...

I: wait...wait...

Rank: wait...

Traffic: wait...

Price: wait...

C: wait...

 

[poisonsembrace]

This isn't big mean Bill Gates at play here.. all companies do this and for good reason.

It's highly likely that Microsoft see zero value in the domain you have and will just re-direct it to Microsoft.com once you turn it over.

In order to maintain their trademark, they must protect it otherwise they risk losing it. It's pretty simple and straight forward to understand why. It's the same reason you see many companies sending C&D's to other people infringing on their trademark and requesting you turn over the domain to them.

They don't give two shits about the website you're running. It's all about protecting their trademark and brand. Just hand it over and in future don't register a trademark unless it's for a short term project and you're prepared to hand it over when they come a knockin'

 

[germ]

I got sued by MS and thats not where their lawyers were located. Are you located in TX?

 

[Rockin]

If you want to try and fight them contact some lawyers, make sure it is Microsoft, and then see what your chances against them are. Personally I would just hand it over and move on, the site isn't profitable anyways.

 

[appleman]

I got sued by MS and thats not where their lawyers were located. Are you located in TX?

no im not...ive saw that these lawyers have gone to court over another domain in the past and won on behalf of microsoft so i assume they are legit.

 

[dizz]

Well, I guess you are pretty screwed, but most of the advice here is great when dealing with C&D... I would contact both Microsoft and the Law group to gather more information on the validity of the letter as well as take down everything that could be construed as trademarked.

Did anywhere in the letter explain how to transfer the domain? That seems odd that Microsoft themselves haven't gotten your information in regards to this issue also, but that's just my opinion.

All I have to say otherwise is good luck and I hope for the best for you!!!

 

[brring-scam]

stop your dilution of their trademark and all will be well

 

[adamster]

dont transfer the domain name, simply remove the content. As of the domai
n just send them an email back and offer them to purchase it instead.
Posted via Mobile Device

 

[iwinyay1]

whoa dude that's something serious. Maybe you should do whatever they wanted you to do.

 

[tridgeroy]

Beside the good advice of the BHW members, you also need to take legal advice before you decide.

 

[small_town_boy]

If you don't live in USA, UK or Australia I don't see why you should ever care about such letters, but yeah, if you don't really use it - just dump it.

 

[GreyWolf]

If you actually do want to try keeping the domain though, you could do a little research on fair use laws and then change your content to completely comply with the fair use provisions. Make some kind of review site for xbox related games or something. Put a prominent disclamer at the top of your page stating that you are not affiliated with ms and only providing a review service or whatever. Then send a reply to the c&s stating that you have complied with removing the violating content and the content now does comply with fair use policies so you do not feel the need to transfer the domain. Then see what there response is.

You should be able to have a few back and forth correspondence with them without it escalating to any legal action. Just remember that if your initial attempt to comply with changing content to comply with fair use provisions doesn't work, don't push it till you have to go to court. If push comes to shove just bail on it, you aren't going to win in a court battle with a multi billion dollar corporation.

 

[Anonyma]

I would put porn on it. Fuck Micro$oft. You Keep the domain till its taken down, dont transfer anything. Stop this monopoly.
Really this is one of the things i hate the most. Makes me wanna throw a bomb into their shitbuilding.

 

[Codythebest]

First, make sure it is genuine.
Then, ask them to buy it instead, not for much, but to recoup your investment. They all did with me.
But in the future, double check copyright infringement FOR ALL WORDS in a domain.
I had to cease and let go domain for that reason. One was "RR" in my model train domain and the other was "mini" for my mini donuts site. It was bought back by BMW who has copyright for the word mini for the mini cooper car they own...
It's tricky out there...

 

[businessbira]

Just a question, how do you transfer a domain name to whatever big company wants you to?

I was giving a look to my namecheap account and it seems that you can transfer a domain to someone else, but they NEED to have a namecheap account.

Do you think Microsoft has a Namecheap account?
Or are there any other ways that I'm not aware?

I guess this is a question a lot of people have cause you can't know when you'll be needing this info, and imo you should be prepared and don't piss any big dog off...

Please answer my question, if you can

 

[DamnTees]

dump it

 

[paytonlowe]

If they can beat the government in an anti-trust lawsuit, they can mop the floor with you.