Accused of cyber squatting

bluewater4

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Hello, I have been accused of cyber squatting and had a letter sent to my domain host. The accusers don't state what they want, but are asking my host company for my identity. I don't care about the domain. What should i do?
 
Is the name a trademarked name?

Or is it just someone that thinks they can get over on you as they like the domain name?
 
Hosting company is not allowed to reveal your identity without the case. Do you know who contacted them?
 
That is easy enough to check; go ahead and see if you are sitting on someone's marked name.

I could see why someone might confuse the two. But i have no intention on what they are accusing me of or awareness. This was when domains were all discounted for the holidays so I bought a bunch. They had time limits on these sales , not a lot of background checking. The hosting company wants me to contact the person ( I assume a lawyer) who sent the letter.

I would give them the domain since I don't need it and it was a couple bucks. I think if I do this then im admitting to their claims .

Is there a way to just give the domain back to the hosting company and have them deal with it?
 
Hosting company is not allowed to reveal your identity without the case. Do you know who contacted them?


Yea I know who contacted them because they gave me a copy of the letter that was sent to them.

Also what do you mean "without the case"? Do they have actually have to take the hosting company to court to get my identity?
 
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Trademark claim if its legit.

Check the source company to make sure its not someone trying to just take the domain.
 
I could see why someone might confuse the two. But i have no intention on what they are accusing me of or awareness. This was when domains were all discounted for the holidays so I bought a bunch. They had time limits on these sales , not a lot of background checking. The hosting company wants me to contact the person ( I assume a lawyer) who sent the letter.

I would give them the domain since I don't need it and it was a couple bucks. I think if I do this then im admitting to their claims .

Is there a way to just give the domain back to the hosting company and have them deal with it?



If you are infringing on their Trademark and they can prove it then they can just take the domain by starting an administrative procedure:

A trademark owner can initiate a relatively inexpensive administrative procedure to challenge the existing domain name. In order to prevail, the trademark owner must show:
  1. that the trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar to the registered second level domain name;
  2. that the party that registered the domain name has no legitimate right or interest in the domain name; and
  3. that the domain name was registered and used in bad faith.
If the trademark owner successfully proves all three points in the administrative proceeding, then the domain name can either be cancelled or transferred to the prevailing trademark owner. If the trademark owner fails to prove one of these points, the administrative panel will not cancel nor transfer the domain name.
Among the ways that a domain name owner can prove a legitimate right or interest in a domain name is by showing:

  • use or preparations to use the domain name in connection with a bona fide offering of goods or services prior to any notice of the dispute;
  • that the domain name owner has been commonly known by the second level domain name; or
  • that the domain name owner is making legitimate noncommercial or fair use of the domain name, without intent of (i) commercial gain, (ii) misleadingly diverting consumers, or (iii) tarnishing the trademark at issue
A trademark owner can show that a domain name was registered and used in bad faith in a variety of ways, including by showing that the domain name owner:

  • registered the name primarily for the purpose of selling or transferring the domain name to the trademark owner or a competitor of the trademark owner for a price greater than out of pocket costs;
  • engaged in a pattern of registering trademarks of others to prevent the use of the domain name by the trademark owner;
  • registered the domain name primarily to disrupt the business of a competitor; or
  • is attempting to attract users to a web site for commercial gain by creating a likelihood of confusion with the trademark owner's trademark.

http://www.bitlaw.com/internet/domain.html
http://lmgtfy.com/?q=domain+trademark+infringement
https://www.icann.org/resources/pages/help/dndr/udrp-en
http://www.domainsherpa.com/6-ways-to-recover-a-domain-name-from-an-infringing-cybersquatter/
https://en.wikipedia.org/wiki/Cybersquatting
http://lmgtfy.com/?q=domain+name+trolls
http://lmgtfy.com/?q=cybersquatting+trolls

If you don't care about the domain or don't want to fight then just let it expire.
If you want to keep it then there are ways to hang on to it for a while longer but if you don't want the hassle then either hand it over or let it expire.
I wouldn't worry until you receive some legal documentation.

Also they can only sue you if you have made money from the domain or caused them some form of monetary loss. If you brought the domain in good faith and have not attempted to profit from their trademark then you should be OK.
 
If you don't care about the domain or don't want to fight then just let it expire.
If you want to keep it then there are ways to hang on to it for a while longer but if you don't want the hassle then either hand it over or let it expire.
I wouldn't worry until you receive some legal documentation.

Also they can only sue you if you have made money from the domain or caused them some form of monetary loss. If you brought the domain in good faith and have not attempted to profit from their trademark then you should be OK.


Thanks, what should i tell my domain hosting company? Shouldn't they know what you stated above?
 
Thanks, what should i tell my domain hosting company? Shouldn't they know what you stated above?

Your host won't care, if you have WHOIS privacy that is the only reason they contacted you, just to pass on the letter.
You can either ignore the letter and let the domain expire or respond and tell them they can have it.
If you are concerned then contact a solicitor/lawyer for professional legal advice.
 
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