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Cease and Desist Questions!

Discussion in 'Black Hat SEO' started by loboxd, May 14, 2012.

  1. loboxd

    loboxd Regular Member

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    So i have about 10 domains, in which 4-5 have trademarked in the domains. I have had these for about 1 year and never had anything happen to me or never received nothing. Well apparently i had received something but never notice. That is in till today i got an email that stayed the following .... (EXAMPLE DOMAINS! NOT REAL DOMAINS)

    We note you have not taken the appropriate action as requested in our previous letter. Please note that your continued registration and use of the domain name callofdutyhacks.org flagrantly and illegally violates XXX rights in its trademarks and constitutes trademark infringement and bad faith registration under the Uniform Domain-Name Dispute Resolution Policy.

    We therefore repeat our demand that you take the following actions: (i) immediately discontinue any and all use of the domain name callofdutyhacks.org and (ii) transfer and assign to XXX the domain name callofdutyhacks.org and any other website URL owned by you containing words which are likely to deceive, mislead, cause confusion, or cause mistake with XXX's Trademarks.

    We expect your prompt response and compliance with our demands, or we shall be forced to proceed with further formal action to protect and enforce any or all of XXX' rights, all of which are hereby reserved.


    Now im thinking this is legit. But i have a few questions.

    1) should i wait intill i receive something in the mail before closing down the site or should i close it down right away?
    2) do i really have to transfer the domain over to them?
    3) Lets say the trademark is call of duty if i buy codhacks.org is that a trademark infrigment? i mean cod could be anything right?
     
    Last edited: May 14, 2012
  2. eviltomato

    eviltomato Regular Member

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    I had a few namecheap.com typosquat domains. I got an email from godaddy saying that my domains are on hold pending a litigation against me in the us district court. They were gunna try to sue everybody for $100,000 per domain. I contacted a lawyer in cali and he had lunch with the namecheap attorney and agreed to let me go and just give up the domains. The only reason i was let out was because the domains were new and i have not generated much revenue on them.

    Me personally... if i got a cease and desist i would follow the directions. I never got one for my domains... i just got a court summons : )
     
  3. eviltomato

    eviltomato Regular Member

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    you probably dont want to get this email from your domain registrar
    Dear Registrant,
    A domain name listing your email address has been placed on Registrar-Lock per litigation filed in the United States District Court for the Central District of California. The case number is 12-cv-03868.
    Kindest Regards,

     
  4. loboxd

    loboxd Regular Member

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    I currently live in brasil , im not in the US. Does that help me?

    and Evil dam you got real unlucky, but by typosquat domains do you mean like "calloffuty.com" ? or like the "cod.com" ?
     
  5. loboxd

    loboxd Regular Member

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    a better example would be.
    World Of Warcraft if i buy a domain like wowhacks.com , is that trademark infrigment?
     
  6. lanbo

    lanbo Jr. VIP Jr. VIP Premium Member

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    If you really want to keep it then transfer everything to an offshore hosting account
     
  7. loboxd

    loboxd Regular Member

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    They have all my info. i think that would be dangerous im honestly just thinking about closing it down and then buying another domain and doing it again lol thats why if someone could please answer my trademark domain question itd really help out
     
  8. maximviper

    maximviper BANNED BANNED

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    even i got the similar C&D email :/ i just deleted the website . i hope nothing goes wrong
     
  9. tb303

    tb303 Power Member

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    Im curious, when you get a C&D how do they contact you?

    Is the first contact made through the email on the whois record?
     
  10. loboxd

    loboxd Regular Member

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    I have no idea, i have whois guard and they still contacted me through my email....
     
  11. loboxd

    loboxd Regular Member

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    anyone knowledgeable on the subject able to answer my question please
     
  12. tb303

    tb303 Power Member

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    well the whoisguard email shown on the public whois details is redirected to the email you used when you originally registered the domain.
     
  13. blackberry

    blackberry Power Member

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    The smart thing to do is to NOT answer their emails or phone calls or anything at all.
    They record phone calls and believe me they will use anything you say to trip you up.


    Get a lawyer or give up the domain.

    Dont try to solve it yourself as you have no copyright law experience.
     
  14. neu009

    neu009 Jr. VIP Jr. VIP Premium Member

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    offshore wont help you as im sure you dont have an ru domain etc. so they will get a hold of your domain in the end anyways. good luck