HELP - Getting sued by a game company
- Thread starter IceWarm
- Start date
This one's better.
nissan[dot]com
This guy created a business named Nissan Computers (before Datsun changed to Nissan) and he registered the domain. When the internet boom came, Nissan motors sued him for using their trademarked name as his domain. Did Nissan win? Well, you won't find any cars on his website haha. Although, in all seriousness I think he got buried in legal fees and can't update the site or something like that.
kvmcable
Supreme Member
- Dec 28, 2010
- 1,354
- 2,823
Real Attorneys don't use email for official contact. The will send usually First Class then Registered Mail so they have evidence you've been given proper notice when they appear in Court.
Never contact them without representation. Push the domain, do what they ask if you believe they're real but don't engage them.
You stopped the activity so most likely the train hasn't left the station yet. If they sent prior notices and already put you on the legal train then you will receive more PAPER notices. Email notices I'd ignore and wouldn't respond. Paper notices I'd hand to my legal representative for response. Some Attorney's are happy to just get the violation removed but others want more compensation.
It's been said on here at least a 100 times don't screw with TM domains. You used their logos and such so to sue you would be a slam dunk case if they wanted to pursue it. They're paid by the hour and work under contract. They got nothing but time on their hands. If they do an asset evaluation on you and find stuff worth collecting they might take the slam dunk case. Otherwise they'll probably chase a bigger fish and let the minnow off the hook.
Lastly if for some assinine reason you think this is the gravy train method to make money; leverage off a large brand for traffic and revenue then get some business insurance. Most business insurance has a clause that protects you from Internet activities and harm. Of course you're going to have to do a damn good job of pleading ignorance but it is a viable safety net if you want to screw around with trademarks.
Never contact them without representation. Push the domain, do what they ask if you believe they're real but don't engage them.
You stopped the activity so most likely the train hasn't left the station yet. If they sent prior notices and already put you on the legal train then you will receive more PAPER notices. Email notices I'd ignore and wouldn't respond. Paper notices I'd hand to my legal representative for response. Some Attorney's are happy to just get the violation removed but others want more compensation.
It's been said on here at least a 100 times don't screw with TM domains. You used their logos and such so to sue you would be a slam dunk case if they wanted to pursue it. They're paid by the hour and work under contract. They got nothing but time on their hands. If they do an asset evaluation on you and find stuff worth collecting they might take the slam dunk case. Otherwise they'll probably chase a bigger fish and let the minnow off the hook.
Lastly if for some assinine reason you think this is the gravy train method to make money; leverage off a large brand for traffic and revenue then get some business insurance. Most business insurance has a clause that protects you from Internet activities and harm. Of course you're going to have to do a damn good job of pleading ignorance but it is a viable safety net if you want to screw around with trademarks.
This is a classic phishing scam. Let me give you some advice... I've got a masters degree in Intellectual Property Law!
1. Websites can't be copyrighted. You will only breach copyright law if you taken text/images or whatever from their website. The actual URL cannot be copyright.
2. The website might be a registered trademark. Get yourself over to the US Patent and Trademark Office and do a search for the words in your domain (that you've already transferred and now lost). (www.uspto.com)
I highly doubt that it's been trademarked, because it is in their interests to protect their trademark and therefore it would have already been registered to them. If it has been trademarked, they need to prove that you caused their business 'harm' by registering the trademark and that that harm has a $ value to it. If not, you don't owe them a penny, even if you have breached the trademark.
If it has been trademarked, you need to double check what category(s) it has been registered under.
3. Ask them to clearly explain in plain English how you've breached their legal property.
4. Tell them to fuck themselves and sue you. You're in Europe, they're in the US. If you've damaged their property or caused harm to their registered trademark and it really will cost you $1000s, they'll pursue in a court of law. If they don't pursue you won't owe them a penny. If they do, you've lost nothing! (Maybe some court costs, but highly unlikely it'll even get that far.)
However, that all said and done, I'm 100% sure that this is a scam. Probably some Nigerian who's got a bit better than the usual you've won the lottery crap.
1. Websites can't be copyrighted. You will only breach copyright law if you taken text/images or whatever from their website. The actual URL cannot be copyright.
2. The website might be a registered trademark. Get yourself over to the US Patent and Trademark Office and do a search for the words in your domain (that you've already transferred and now lost). (www.uspto.com)
I highly doubt that it's been trademarked, because it is in their interests to protect their trademark and therefore it would have already been registered to them. If it has been trademarked, they need to prove that you caused their business 'harm' by registering the trademark and that that harm has a $ value to it. If not, you don't owe them a penny, even if you have breached the trademark.
If it has been trademarked, you need to double check what category(s) it has been registered under.
3. Ask them to clearly explain in plain English how you've breached their legal property.
4. Tell them to fuck themselves and sue you. You're in Europe, they're in the US. If you've damaged their property or caused harm to their registered trademark and it really will cost you $1000s, they'll pursue in a court of law. If they don't pursue you won't owe them a penny. If they do, you've lost nothing! (Maybe some court costs, but highly unlikely it'll even get that far.)
However, that all said and done, I'm 100% sure that this is a scam. Probably some Nigerian who's got a bit better than the usual you've won the lottery crap.
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alaltaierii
Supreme Member
- Jun 11, 2010
- 1,494
- 388
This sounds as scam. Call the company and ask them details about those emails.
CosmicSoundz
BANNED
- Apr 30, 2012
- 1,230
- 1,302
My man.. your website just got stolen.
kvmcable
Supreme Member
- Dec 28, 2010
- 1,354
- 2,823
Seriously you have a master degree in IP law and giving this shitty advice? I don't have a master's degree but sat more than 200 hours with Attorney's on both sides and finally a Judge that cost me $160,000 back in 1999 and you've posted terrible advice.
Practically any TM violation that causes brand dillution can put any artibitrary number on their losses and nobody can argue otherwise. You violated the law that protected their brand so of course you did damage and cost them money. Just Attorney fees alone can run a sap $30k in damages.
He clearly said he used images so guilty.
Brands don't chase TM domain violators without evidence. There are plenty of guilty parties so they don't need to create any or chase "possible" violators.
Usually the first letter clearly explains their mark and how you violated it.
Never tell an Attorney to go fuk themselves. You take the case from business to personal and I assure you they have deeper pockets than you do. They can bury you just in legal maneuvering. More bad advice.
Large TM firms have contracts with Attorneys all over the World. It takes them 10 minutes to send the paperwork from their USA firm to either they're UK office or contracted office. You can bet if they are forced to hire a contract office because you thought you were untouchable out of the USA they'll want a settlement.
It could be a scam but I doubt it. Probably a form letter from a large firm like Perkins & Cole that can be found in many places on the web. P&C don't play and brand protection is their specialty.
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- Jun 10, 2010
- 2,405
- 1,675
They made a movie out him called Zero Dark Thirty.
This sounds like a complete scam. Most game companies don't mind you using their game name in your domain name. As long as you are not pretending to be that Company and trying to trick your visitors and fraud them, I can't see them wanting to take your domain.
You received an email and some legal crap about handing over your domain. Then, you receive another email a different organization telling you hand over the domain you already handed over....
rasmusk
Senior Member
- Oct 4, 2012
- 927
- 368
You're based in Europe. Do not answer their emails, or tell them anything. Just ignore them and live your life. Don't get stressed. They can't do anything. _THE US_. Sure if you were some big shark making millions, but youre not. So best just ignore them.
awwwwyeeee
Newbie
- Jul 20, 2011
- 5
- 1
Some people are just all talks, do a little research on them
This kinda of reminds me of what happened to me back in 2001, when myself and a partner created a bulk listing program for ebay, long story short we purchased a domain with the ebay name in it, they sent us threatning email once a week for almost a month. One day I finally call them and ask them how anyone could possibly mistake my long domain name for the real ebay, the lady on the phone said that anyone that uses ebay would never mistake our domain for the real one, Yes she really said that. So I ask her than why all the emails threats to sue us then, she had no answer other than there trademark blah, blah, blah. I promptly told her I would not be handing over the domain unless they paid me the $5 I paid for the domain, purchased our website design and program, as well as our user database, and all subscriptions we had at the time. She said no, so I told her and ebay to go screw themselves. I never heard from good old scambay again lol. I wouldnt worry much about emails, if they were dead serious about protecting there brand or if they even thought you were a threat to there brand, you would have already been in court. End of story
don chino
Senior Member
- Apr 2, 2011
- 890
- 291
I have been in this situation. It sure made shit bricks at first. But you don't have to transfer anything yourself. If they file complaint to WIPO, first the whois guard will be disabled, then they will send you email and letter to the address provided for domain registrant, then it takes some 14 days when you have the chance to fill your side arguments, after this another 30 days for looking through complaint and reply, and then WIPO will make the decision. For me, I lost a good domain, and it was transferred by domain registrar itself who got the official order. So as long as you have not received anything official, or a message from the domain registrar, don't worry, but be sure to delete all copyrighted material from your website!!! Good luck!
kvmcable
Supreme Member
- Dec 28, 2010
- 1,354
- 2,823
You were lucky and probably talking to a receptionist or paralegal. eBay has a LONG reputation of suing and winning ANY domain with the sequential letters e-b-a-y. Their name, logo and tons of related stuff are all TM'd. You can only use their TM legally with permission. Makes no difference if related site or not. Once they TM the name they own it and can force take down of anyone using it without permission. Sounds like you were using it for commercial gain so consider yourself mighty lucky. Back in those days they didn't have active bots scanning 24/7 for reputation or brand management. Today is a whole new world. Run that same site today and I bet you get your certified C&D and if you call or ignore you'll get much more. eBay doesn't screw around today. Probably one of the worst TMs you can mess with
OP, you should have made this thread before being so scared and giving away your domain. You got scammed, but even it they are legitimate... you DON'T just "give it away" like that, you pick up the phone and call them. grow a back bone.. are you a guy or girl?
zebrahat
Elite Member
- Aug 6, 2008
- 2,514
- 3,037
Quite true, when it comes to using the TM name in the domain. A blackhat way around that if you still want the juice of using a brand is to use it as a keyword in the title, text and image tags. As in, an url like "BetterThanEbay.com" will get you a C&D, but a web url without the brand name, with review articles and titles about sites or deals that are "better than eBay" probably won't be a problem.
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sounds like a scam. Even if you were infringing upon their copyrights it would be much cheaper if they offered you 5k,15k,25k rather than drag it out in copyright court and that process which could be very costly and time consuming not to mention if its international . The game company better be large like electronic arts, rockstar games, your site better be getting tons of traffic or why would they even bother.
