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Anyone studying law here? Need a bit of legal advice...

Discussion in 'Black Hat SEO' started by jamesjk1, Apr 25, 2014.

  1. jamesjk1

    jamesjk1 Senior Member

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    Hey guys, just received a cease and desist letter regarding an expired domain name which I bought at GoDaddy auction. I had no idea it was trademarked. Do I have a leg to stand on, or at least not be able to recoup expenses - it wasn't cheap. Attached actual msg below. Cheers for any advice :)

    Re: KDCP Productions v. ********.com

    To Whom It May Concern:
    KDCP Productions is the owner of United States Federal Trademark Registration No. ******** for ********® (“Mark”) and other trademark registrations pertaining to the Mark. KDCP uses this Mark in the United States in conjunction with information and entertainment services, namely audio and visual programs featuring commentary in the field of family relations and motherhood via the Internet. KDCP’s federal registration has been in effect since July 2006. Please be advised that KDCP has used the Mark in commerce since January 1, 2005 and continues to use the Mark commercially throughout the United States and abroad. The Mark constitutes a well-recognized and respected consumer brand.

    KDCP recently discovered that ********.com (the “Website”) is hosting and/or producing a website on motherhood and parenting.

    We believe that the continuing use by the Website of “********” and “********.com” infringes upon KDCP’s rights in the Mark, and that such use of “********” by the Website is likely to cause confusion, mistake, or deception in those familiar with our client’s Mark, and thereby violates KDCP’s rights under U.S. Federal trademark law. KDCP has made a significant investment in developing the use of all their trademarks, including the Mark, and is reluctant to allow any use of any of their marks that would result in confusion and thereby detract from their efforts and accomplishments to date.

    Therefore, we would strongly advise the Website to immediately cease and desist any and all uses of “********” and to take all measures necessary to remove such title and use thereof from your Website. We respectfully insist that you provide us all with the necessary information and assurances to prove that you have taken steps to prevent any further infringing use of the Mark and other intellectual property rights on or before May 1, 2014. We hope that you will cooperate in expeditiously resolving this matter.

    KDCP prefers to resolve this matter without taking legal action, but it is prepared to take whatever actions are necessary to protect its rights and business.
    This letter is sent without prejudice to KDCP’s rights and claims, all of which are expressly reserved.
     
  2. tony_d

    tony_d Elite Member

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    I'm pleased you love making useless posts. I've reported your new spam account.

    @OP - forget it. Hand over the domain and write off the cost of experience. Do not buy trademarked domains - just because it's available to register doesn't mean it's lawfully available to use :)

    Do not enter into communication with them as they've requested - simply remove the references that infringe upon their trademark. If the domain name itself contains the trademark in whole or in part, you need to stop using the domain name, too.

    I genuinely hope you didn't pay an amount that is big to you... but take that as a cost of a lesson and move on :)
     
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  3. rayee

    rayee Power Member

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    Why don't you simply create a brand new site and rank? You don't need to duplicate the previous site
     
  4. WormWH

    WormWH Junior Member

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    Just resell the domain, it's not worth keeping it, it may get you in big trouble.
     
  5. KoolCat

    KoolCat Newbie

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    Anytime you buy a trademarked domain you need to do it using bitcoin under an alias if you want it
    bad enough. That way if you get a cease and desist letter it's not like you are liable. However you need
    to consider if it's even worth it in the first place.
     
  6. hes21

    hes21 Jr. VIP Jr. VIP Premium Member

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    Just change the niche. .com isn't a geographic TLD so if no one would confuse you (you sell auto parts and they do mothering advice) then no harm no foul.