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Cease and Desist notice???

Discussion in 'White Hat SEO' started by bennyboyccl, Jan 12, 2012.

  1. bennyboyccl

    bennyboyccl Junior Member

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    I recently got a Cease and Desist notice from a solicitor. This is the situation...
    (example urls only..not real domains)

    the letter reads... Our client wackyballs.com.au is trading in the market selling balls.
    We are instructed that wackysportsballs.com.au(your domain) is trading in the Australian market, passing itself off as our client and breaching Australian law and legaslative provisions in the process.
    Your domain is diverting customers from our clients business and is cause significant confusion amongst our clients new and existing customers..

    Obv above is an example it is not the true domains in questions, but similar.

    My domain provider is canceling my domain within 7 days and if i dont change my domain name my compeitor is taking legal action.
    I dont see the problem here. I have a similar domain but dont even sell the same products.
    Can this really happen?
    Any advice would be much appreciated... :(
     
  2. darnoldi

    darnoldi Registered Member

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    There are just too many variables involved here for anybody on this forum to give you a qualified answer on this. (Except MAYBE if we have a registered attorney of Australian Law here.)

    Eg: are you actually selling a product,
    do they have a trademark that you are infringing and is that trademaek registered in Aus.
    Are you referring your visitors to one of their competitors sites?
    Do you misalign their name or misrepresent yourself?

    The list goes on and on and the answers to those questions will dictate whether or not you have a case.

    You really only have one decision to make here:

    Do you make enough money off this site to justify paying for legal advice, because if you want to keep your site, I sincerely reccommend that you go see an attorney.

    HTH

    Dave
     
  3. AuraObscene

    AuraObscene Junior Member

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    If there isn't to much too lose on your end and you want to avoid any legal complications - try selling the domain to them. At least this route you still make some cash haha.
     
  4. onlinewealth

    onlinewealth Junior Member

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    I can't imagine how your domain provider would even entertain the idea unless as darnoldi said, if you're infringing on a trademark name. Otherwise I'd look further into your registrar's motive for telling you that. Maybe they own the website that's hassling you and they want that domain too. I wouldn't budge if it's not infringing on any trademark, and if it is, what's the date of the trademark? If your domain/site is older then they still can't claim infringement.
     
  5. bennyboyccl

    bennyboyccl Junior Member

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    I have a large E commerce site and so do they. I have recently jumped in ranking and have taken a lot of their business. There is no copyright or trademark infringement at all. The only thing similar is the domain name and business name. But they are different. I am booking in to see a solicitor ASAP because this is my job i cannot afford to lose this. I really don't want to change domains.
     
  6. CYBERTRON

    CYBERTRON Regular Member

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    Have you tried to change your domain as in your example:
    wackysportballs to wackysports?

    I dont think thay can say anything at because your site as in this example, the new name is more towards sports and not just balls.
     
  7. FREE100KSECRET

    FREE100KSECRET Newbie

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    Interesting,

    I had same issue several years back with one of my website domains which used the word micro in it. Guess who sent me the cease and desist, microsoft, and I was not selling software on my site, so there was no confusion possible, never mind my site was about micro nano technologies in the energy alternative industry, so not even close.

    Long story short, I ignored the first two cease and desist warnings wanting them to sue as they claimed they would. I then got letter certified letter from lawyer and demanding I take down my site. I sent them a cease and desist and told them I would sue them for harassment if they didn't stop sending all these cease and desist notices. Never heard from them again. lol

    Big companies will always try to bully new or small companies, so get use to it, nothing new. I am not aware of AU regulations, but I would call their bluff and threaten them back and send them a cease and desist notice over being harassed. Worth a try, after all, if they file suit, it will cost them a lot more than it will cost you to settle.

    Success to all,
     
    • Thanks Thanks x 1
  8. bennyboyccl

    bennyboyccl Junior Member

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    Thats what i am thinking. Im new on the block so they think they can push me around. I will have to change my domain onto a new domain host because it will get cancelled but if i call their bluff and respond with official action it might let them know that im serious and im not going anywhere. Sounds like a plan to me, I really cant see them taking me to court it would cost them a lot of money, they would have to be rich and bored to consider it..