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Do i need to be afraid from this latter?

Discussion in 'Domain Names & Parking' started by Rotem Guez, Mar 23, 2013.

  1. Rotem Guez

    Rotem Guez Power Member

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    We are writing concerning your registration and use of the domain name instagrammarketing.net, which contains the Instagram trademark.


    You are undoubtedly familiar with Instagram and its worldwide renown in providing photo sharing and editing services and related products and services through a number of channels, including through its mobile application software and its website available at Instagram.com.


    Instagram owns exclusive rights to the INSTAGRAM trademark, including rights secured through common law use and registration in the United States (Reg. Nos. 4,170,675 and 4,146,057) and internationally. Instagram is a global leader in photography software for mobile devices, with over 30 million registered users. These users have uploaded more than 1 billion photos for editing and sharing with others either directly or through their social media networks. Due to Instagram?s exponential growth and immense popularity, the Instagram brand, is frequently, if not daily, referenced in the media and pop culture. Its fame entitles it to broad legal protection.


    We have recently discovered that you registered the domain name instagrammarketing.net, which incorporates the famous INSTAGRAM mark. Instagram has an obligation to its users and the public to police against the registration and use of domain names that may cause consumer confusion as to affiliation with or sponsorship by Instagram, dilute the distinctiveness of its INSTAGRAM mark, or otherwise tarnish the mark. Accordingly, in addition to civil actions, Instagram and its parent Facebook have filed numerous proceedings pursuant to ICANN?S Uniform Domain-Name Dispute-Resolution Policy (http://www.icann.org/en/help/dndr/udrp) to secure the transfer of infringing domain names. Moreover, the Anticybersquatting Consumer Protection Act provides for serious penalties (up to $100,000 per domain name) against persons who, without authorization, use, sell, or offer for sale a domain name that infringes another?s trademark.


    While Instagram respects your right of expression and your desire to conduct business on the Internet, Instagram must take action to stop the misuse of its intellectual property. As you can imagine, various third parties around the world have attempted to wrongfully capitalize on Instagram?s reputation by registering domain names that include or are derived from the INSTAGRAM brand. Such names are confusingly similar to, dilutive of, and can tarnish the INSTAGRAM mark.


    We understand that you may have registered instagrammarketing.net without full knowledge of the law in this area. However, Instagram is concerned about your use of the Instagram trademark in your domain name. Accordingly, we must insist that you immediately cease usinginstagrammarketing.net, disable any site available at that address, and transfer the domain name to Instagram. You should not sell, offer to sell, or transfer the domain name to any third party.


    Please confirm in writing that you will agree to resolve this matter as requested. If we do not receive confirmation that you will comply with our request, we will have no other choice but to pursue all available remedies against you.


    Sincerely,


    Edith
    Legal Dept.
    Instagram, Inc.
     
  2. masteraffmarket

    masteraffmarket Jr. VIP Jr. VIP Premium Member

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    Be very afraid
     
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  3. Masterptc

    Masterptc Regular Member

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    Wipe your ass with that letter, and send it back.
    Seriously though, not sure what kind of trouble you can get with this. Im sure someone more experienced will post soon and let you know.
     
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  4. myownhero

    myownhero Power Member Premium Member

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    They're legally in the right, give up ownership of the domain/suspend operations asap.

    These are common, just dump the site and avoid trademarks in the future.
     
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  5. nishantsarkar

    nishantsarkar Power Member

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    My friend said later they would ask for all the profit made out of that site. May even reach your home for legal procedding. and if you dont reside in US your paypal will be permanently limited . Be very afraid :(
     
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  6. WellGrounded

    WellGrounded Registered Member

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    I've received a great many of these types of letters. This is why you should never have trademarks in your domain name. You can actually take this to court and win it, especially if you have disclaimers on the bottom of your site (this is what ShoeMoney did). However, what I did was create a new domain, 301 redirect to new domain and transfer all juice to that domain. Once Google indexes that, you can serve a 410 (Gone) on your instagrammarketing. After that, I never heard from them again. But whatever you do, do not respond to their letter thereby admitting you are guilty.
     
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  7. Nigel Farage

    Nigel Farage BANNED BANNED

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    http://goo.gl/5z3Qf


    "Edith" works for eBay's legal department also.
     
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  8. Rotem Guez

    Rotem Guez Power Member

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    I wonder if shes married..
     
  9. InternetMayhem

    InternetMayhem Regular Member

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    Werd, their gonna use their money to kill you off
     
  10. blackouts

    blackouts Regular Member

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  11. Nigel Farage

    Nigel Farage BANNED BANNED

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    That bitch is using someone else's trademark:

    edith-archie-bunker-110.jpg
     
  12. No.RuleZ

    No.RuleZ Elite Member

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    this is the best option u have
     
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  13. youtalkmedia

    youtalkmedia Senior Member

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    here is what you do:

    Step 1) grab a new domain that does not include instagram, put something like "mobile image" or some shit like that

    Step 2) put a 301 redirect onto the website and send the traffic to the new URL.

    Step 3) send a message back to them saying that you agree with the request, however you need a lawyer to look over the letter they sent, and that you require them to send you the information on where to transfer the domain.

    (by doing this you are rightly giving them back the site, and agreeing that you now understand the law in the area)

    Step 4) wait about a week for them the respond (if they respond sooner find a reason to delay a bit) until google sees that the site is just a re-direct.

    Step 5) kill the domain by sending them ownership - when you do this (depending on the domain register) the nameservers will still point to you until they change it, and depending on the size of their legal department, it may take them some time for them to do it.

    It is a sucky situation, but if you follow what is above you should be able to make the best of it...

    Optionally you can decide to say fuck it, put everything into offshore stuff (hosting and domain) and hope it is not worth it for them to go after you, but if you live in the US, or any country allied with the US this is not the best thing to do.
     
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  14. Rotem Guez

    Rotem Guez Power Member

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    youtalkmedia and WellGrounded thanks for answers!
     
  15. arplayer2k

    arplayer2k Junior Member Premium Member

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    LOL.

    Seriously, be afraid. Be very afraid. You might want to consider not to use that domain name which will tarnish their trademark and find a safe one to use.
     
  16. IMpossible

    IMpossible Supreme Member

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    Ask yourself: Why did you use "instagram" in your domain name in the first place?
     
  17. Mr Jack

    Mr Jack Junior Member

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    If you're residing in the US, just do as they say.