First legal issue with domain

[HarrisonHill]

Hey guys,

I just got email from domainsbyproxy about legal issues with one of my domains. So here it is:

Dear Customer,
We are forwarding this possible legal complaint for your domain name XXXX.com to you as a courtesy. At this time, we have not released any of your contact information. Any questions, concerns, or proposed resolution regarding this issue will need to be directed to the complainant listed below.

Complainant Information:

Person's name
Company name
[email protected]

Company name is something like "The Ugg Boots facility" and my domain name is like "uggbootsfacgift.com". So the name of company is very broad. So I thought, my domain doesn't contain their full name, since it does miss "The" as prefix and instead of facility, there is "fac" in the domain. "Fac" can be expanded to many words like, facts, facing, so there can't be any legal issues. So I thought and finally come to mind, lol, they are interested in domain name, hm, why not make money on this? I'm outside USA, they can do nothing against me, and in case they could, they won't win the court since there are no legal issues. So here's the email I sent them:

Hello,

I got email from domainbyproxy about legal issues with domain name from your company. Can you please tell me, what are the legal issues? Domain doesn't contain your company's full name at all. Ugg boots fac doesn't equal to The Ugg Boots Facility. So legal issues can't simply exist. If you are interested in buying the site, no problem at all - we can discuss the price. But at this stage, there are no and there cannot be any legal issues, since domain does contain very broad phrase "Ugg Boots" and "Ugg Boots fac" can be expanded to very broad terms and has nothing to do with "The Ugg Boots Facility".

Best regards,

So let's see how it goes. Actually, I don't care about the site, I gave up on that site and didn't put any hard work on it, and I could simply give away domain to them, but... I see money making opportunities everywhere

 

[mirrorer]

If you are using registered trademark words in your domain they will get your domain away...

 

[knall]

I don't think asking for money was a smart decision. You've just given them proof that you are trying to profit from the domain.

 

[ranga]

the domain registration especially .com .org and .net are handled by internic which is a US company and generally in case of trademark disputes it gives away the domains to the claimant and sometimes even without informing the original registrar. Heck in one case they even gave madonna.com to madonna (whereas madonna can mean a lot of things including christian religious god mother).

So living in another country dosen't matter in case of domain name registration issues

 

[hanksites]

It's called "trademark infringement", not "company name infringement" that you're using "part of the company's name" is irrelevant, you're using their trademark, which is "Ugg Boots" of possibly just "Ugg". I suggest you start migrating your files before you lose that domain name.

 

[HarrisonHill]

If you are using registered trademark words in your domain they will get your domain away...

Nope. As I said, their trademark is something like "The Ugg Boots Facility", so the two middle words are very broad. Like "Domain Name" or "Ugg Boots" or "Car wash". I have domain name like "uggbootsfacgift.com". They can't get domain away since words are very broad. For example, let's take blackhatworld.com and some company with name "The Hat World Company" what can they do? Nothing...

It's just a game for me now, I loose nothing, I just hate copyrighters wanting every single domain in their own hands even it doesn't break the law.

It's called "trademark infringement", not "company name infringement" that you're using "part of the company's name" is irrelevant, you're using their trademark, which is "Ugg Boots" of possibly just "Ugg". I suggest you start migrating your files before you lose that domain name.

But the words they have in trademark are very broad. Think if someone claims an issue with your domain bluejeansfacgift.com just because their company name or trademark is "The Blue Jeans Facility". Again - the words they use in trademark or company name are very broad.

the domain registration especially .com .org and .net are handled by internic which is a US company and generally in case of trademark disputes it gives away the domains to the claimant and sometimes even without informing the original registrar. Heck in one case they even gave madonna.com to madonna (whereas madonna can mean a lot of things including christian religious god mother).

So living in another country dosen't matter in case of domain name registration issues

Well, I don't really care, if they take away domain name - I'm ok with that, I don't care. I just play the game, if I win it - I can make some cash, if I don't, what do I loose?

I don't think asking for money was a smart decision. You've just given them proof that you are trying to profit from the domain.

Well yeah, could be so. But anyways, I just threw an arrow, I'll be happy if it hits the target, but if it won't I don't care

 

[dowser]

domainsbyproxy are scammers trying to make a quick buck from ususpecting webmasters, they are the gestapo of the internet trying to make their own rules. If you don't care about the site and don't have any provable income from that domain - I'd play them to the end.

 

[hamish11]

Okay, it is still a little confusing. If you had were using Ugg in your domain and the company Ugg that owns the trademark comes after you, then game over. But, if the company coming after you is not Ugg, I don't see where they have a claim. So the realquestion is, is the trademark holder coming after you? If so, again, game over, back up your site and start fresh.

 

[HarrisonHill]

If you don't care about the site and don't have any provable income from that domain - I'd play them to the end.

Yeah, that's exactly what I'm going to do

 

[DrEvil123]

Okay, it is still a little confusing. If you had were using Ugg in your domain and the company Ugg that owns the trademark comes after you, then game over. But, if the company coming after you is not Ugg, I don't see where they have a claim. So the realquestion is, is the trademark holder coming after you? If so, again, game over, back up your site and start fresh.

I think that Ugg was just the example, however it is worth mentioning that they are specifically known for going after people

 

[xXShaddowTXx]

THAT'S the email you sent them? Duuuuude... use proper grammar next time.. That is hard to read and annoying at times when you forgot a word (about 12-20 times in the email).

Hope they don't think your an idiot...

 

[HarrisonHill]

THAT'S the email you sent them? Duuuuude... use proper grammar next time.. That is hard to read and annoying at times when you forgot a word (about 12-20 times in the email).

Hope they don't think your an idiot...

You know, English is not my native language. I write as I can. So sorry for not having proper grammar... "Duuuuude"...

oh gosh...

And one more thing, if someone thinks I'm an idiot because English is not my native language and I have bad grammar because of that, I think it's pretty obvious who's an idiot...

Let's talk in my native language and then I'll call you an idiot for not having proper grammar in it "Duuuude".

 

[jb2008]

why oh why did you register with godaddy/domainsbyproxy? go with offshore registrars and you won't have to deal with them trying to screw you like godaddy. haven't you seen the dozens of threads on this forum about godaddy/domainsbyproxy?

 

[usdachoice]

I have the same thing happen to me. Company name was like ugg.com I registered theuggreview.com and outranked them on G and youtube for every term. They sent me letter after letter, they were exceptionally displeased when I started capturing emails and then getting people to pay to advertise in my newsletter. They threatened everyone that was paying me to advertise in my newsletter to pull their distributors license to sell their products. The owner of the company sent me messages on facebook. Then finally letters from a legal firm started to come in. I was doing well at fending them off until I did what you did and offered to sell the domain to them. Shortly after that the letters got very serious and stated I violated Anti-Cybersquatting Consumer Protection Act ("ACPA"). 15 U.S.C. 1125(d). This was primarily due to the fact I offered to sell it to them. Just b/c you have a variation to the name they still have rights to protect their brand. IMHO you are screwed and should comply with their demands and hope they do not sue you personally.

 

[xXShaddowTXx]

You know, English is not my native language. I write as I can. So sorry for not having proper grammar... "Duuuuude"...

oh gosh...

And one more thing, if someone thinks I'm an idiot because English is not my native language and I have bad grammar because of that, I think it's pretty obvious who's an idiot...

Let's talk in my native language and then I'll call you an idiot for not having proper grammar in it "Duuuude".

I would recommend you start saying "Apologies, English is not my native language." under every single email and post you make from here on out. Otherwise people assume it is and assume you're an idiot.. it's just the way the internet works.

 

[arichi]

Threat is going away with those conversations, noone speak proper english these days, lol

Would like to know, how everything is finished, keep updated

 

[Nigel Farage]

If it's not "Ugg" that's coming after you, I don't see how anyone else can do it. It sounds to me like "blackhatworldreview" is challenging "blackhatworldhelp" for the use of the domain.

 

[Alexx11]

 

[HarrisonHill]

I would recommend you start saying "Apologies, English is not my native language." under every single email and post you make from here on out. Otherwise people assume it is and assume you're an idiot.. it's just the way the internet works.

Again, people who assume that someone is an idiot just because their grammar sucks, THEY are idiots.

And xXShadowTXx if once again, you will call me an idiot in indirect way, I will report you to mods. Learn to talk mate. What you are making right now, is just showing your childish and trolling side, which by the way, refers to your teen age. If you have any problems with my grammar, or with me personally - PM and we can continue talking there

I will include or not include anything at my discretion and it's not your business to control my language skills or grammar skills.

Oh god, BHW is full of trolls and teens nowadays.

xXShaddowTXx - registered Feb 2012, reputation 12, Thanked 13 Times in 7 Posts. Now look at my stats and stop bitching.

Stop being a badass and start giving something out to our community instead of language lessons here. BHW is not your place if you continue this way.

why oh why did you register with godaddy/domainsbyproxy? go with offshore registrars and you won't have to deal with them trying to screw you like godaddy. haven't you seen the dozens of threads on this forum about godaddy/domainsbyproxy?

Yeah, the domain was just testing one and I bought it for $1. All my big project domains are registered with namecheap and smaller projects which I'm just testing - I register them at godaddy, because of their promo offers

 

[anssoft]

i think the best option is to ask the company before you register your domain
for example if you will promote amazon product you may send the company email if you can register w3.brandname-words.com
hope this help all of you guys and this what i do.