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Infringement of PROXIFY Service Mark - proxofy.info

Discussion in 'BlackHat Lounge' started by raghul, Nov 7, 2008.

  1. raghul

    raghul Registered Member

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    okay this is what i got after registering my domain name :pROXOFY.INFO...now tell me what to do shouldi give them the domain? and here's the email they sent me:

    Code:
    I am president of UpsideOut, Inc. D.B.A. Proxify (the "Company"), the owner of federal, state and common law rights in and to the service mark PROXIFY (the "PROXIFY Mark"). In addition to its rights under common law, the Company enjoys full statutory protection of its valuable rights in the PROXIFY Mark under both state and federal law and vigorously protects and defends those rights. The PROXIFY Mark is registered on the Principal Register in the United States Patent and Trademark Office (the "PTO") and assigned Registration Number 3138482. The PROXIFY Mark is registered in connection with "providing anonymous transmission and delivery of information over global computer networks" in International Class 38. The Company began using the PROXIFY Mark on April 14, 2003, and since that time has actively and continuously used the mark in connection with its business and services. The Company has made substantial investment in developing, providing and promoting its services under the PROXIFY Mark. As a result, the PROXIFY Mark is widely known and embodies substantial and valuable goodwill.
    
    The Company is extremely concerned about and objects to your unauthorized use of PROXOFY in connection with the domain name "proxofy.info" (the "Domain Name") and its corresponding website. Inasmuch as the Domain Name incorporates a slight variation on the PROXIFY Mark, it is confusingly similar to the PROXIFY Mark. In addition, the services provided on or through your website are similar to the services we provide in connection with the PROXIFY Mark increasing the likelihood of confusion between your site and the PROXIFY Mark. Accordingly, any display or use that you make of PROXOFY or any other variations of the PROXIFY Mark in connection with your website infringes the Company's rights in the PROXIFY Mark and constitutes, among other things, service mark infringement, passing off and dilution in violation of the Lanham Act and other applicable federal, state and common law.
    
    Further, we note that you have included "PROXIFY" within metatags embedded in your Website at "http://www.proxofy.info/". Your unauthorized use of the PROXIFY Mark in metatags is clearly an attempt to divert Internet users to your Website to the detriment of the Company's business. The practice of "cyber-stuffing" metatags to divert users to a website is prohibited under United States trademark law. We understand that Federal law recognizes that use of trademarks in metatags, hyperlinks and text is essentially a "bait and switch" scheme, expressly prohibited under the federal Lanham Act. We also believe that these practices, to the extent that they infringe the PROXIFY MARK and otherwise violate federal law, may place you in violation of your agreements with your web-hosting and/or internet service providers, which thereby would result in still further liability imposed on you and your companies.
    
    We hereby demand that you immediately cease and desist any and all use of PROXOFY and any other service marks, trademarks or names confusingly similar to the PROXIFY Mark in connection with your website. In addition, we hereby demand that you immediately transfer to the Company all rights that you have to the Domain Name. Attached to this letter are instructions for effecting the transfer of the Domain Name to the Company.
    
    We look forward to your written confirmation by no later than November 11, 2008 that you will resolve this matter as requested. Your prompt attention and response to this matter will prevent the need for further action. If you take all steps necessary to transfer the Domain Name to the Company and cease and desist immediately from any further illegal use of the PROXIFY Mark or other names confusingly similar to the PROXIFY Mark and settle this matter now, you may save yourself damages from the date of this notice. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved.
    
    Sincerely,
    
    Justin Schlecter, President
    UpsideOut, Inc. D.B.A. Proxify
    1-877-PROXIFY
    
    
    
    INSTRUCTIONS TO EFFECT TRANSFER OF DOMAIN NAMES TO UPSIDEOUT:
    
    1. Login to your GoDaddy account.
    
    2. Select the Domain Names identified above.
    
    3. Click on the "Account Change" button and follow the on-screen instructions.
    
    4. Enter our contact information as follows:
    First Name: Proxify
    Last Name: Administrator
    Organization: UpsideOut, Inc. D.B.A. Proxify
    Address 1: 1333A N. Ave. STE 315
    City: New Rochelle
    State: New York
    Zip Code: 10804
    Country: United States
    Phone: 8777769439
    Email: dns@proxify.com
     
  2. raghul

    raghul Registered Member

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    hey guys i need your help in this please rply or delete this thread.
     
  3. Mr. Crazy

    Mr. Crazy Newbie

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    I can't offer you any solid advice on what you should do as I'm not much of a domainer.

    However if you registered the domain with the intent of getting traffic from the misspelling of "Proxify", then you might have a problem there.
    Seeing that your website is a proxy website, I'm going to assume you did (correct me if I'm wrong).
    Now like I said, I'm not a domainer, however I've read a lot of stories about people having domains taken from them because of their intent behind registering them.

    However it's probably best to wait for someone who is more qualified than me to reply to this thread.
     
  4. raghul

    raghul Registered Member

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    hey thanks man...before getting this email i never knew the company existed...and i had no intention to get traffic with their rep...i just registered it to make a proxy site..not knowing what to do...

    hope someone can help me out here.
     
  5. Mr. Crazy

    Mr. Crazy Newbie

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    Fair enough, BHW has a domain forum right here so you might want to try that:
    Code:
    http://www.blackhatworld.c0m/blackhat-seo/f53-domain-names-parking/
     
  6. porko

    porko Registered Member

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    Yea it looks like this idiot has been doing this kind of thing to people for years,check this out.

    Code:
    http://www.dnforum.com/f26/trademark-infringement-thread-169805.html
     
  7. raghul

    raghul Registered Member

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    hey thanks for the help guys....

    PORKO: i read that post it seems that the guys is only sending emails to everyone and i read many threads related to that..it seems he does not do anything, for now i will keep my domain...i will keep you posted...and any other suggestions are also welcome.
     
  8. raghul

    raghul Registered Member

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    PLEASE DELETE THIS THREAD​


    the problem will be solved.
     
  9. raghul

    raghul Registered Member

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    okay i'll keep this thread updated.
     
  10. raghul

    raghul Registered Member

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    HERE'S ANOTHER MESSAGE FROM THEM:


    We have not yet received a response to our email dated 2008-11-07 (included below). However, we note that you posted said email to the "blackhatworld.com" website. Many of the comments in that discussion refer to issues that simply strain credulity and are legally insubstantial. None of the assertions in your posts undercut the validity of the PROXIFY Mark or justify your continued unauthorized use and infringement of it. We reiterate that your registration and use of "proxofy.info" (the "Domain Name") and your history of using of the service mark PROXIFY owned by UpsideOut, Inc. (the "Company") within metatags on your "proxofy.info" website places you in violation of the Company's federal, state and common law rights in and to the PROXIFY Mark. We also believe that these practices, to the extent that they infringe the PROXIFY Mark and otherwise violate federal law, may place you in violation of your agreements with your web-hosting and/or internet service providers, which thereby would result in still further liability imposed on you. No action, other than immediate transfer of the Domain Name to the Company, will eliminate your liability or involvement in this matter.

    We again demand that you comply with the steps that we have requested without any additional delay. We would, of course, like to resolve this matter with you as amicably as possible, but cannot do so if you continue to make use of terms that violate the PROXIFY Mark. If you cease and desist immediately from any further illegal use of the "PROXFIY" name and mark and settle this matter now, you may save yourself damages from the date of this notice. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved.

    Sincerely,

    Justin Schlecter, President
    UpsideOut, Inc. D.B.A. Proxify
    1-877-PROXIFY​
     
  11. tattoo

    tattoo Regular Member

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    Just ignore him but use the domain for something other than a proxy service. It's a crap .info domain name anyway.

    Or use it as a parody site (protected use under copyright laws) to make fun of his service and aggregate his janky do-it-yourself C&D letters so everyone can see what a douche bag he is and stop using proxify.com.

    HideMyAss.com FTW!!
     
  12. tattoo

    tattoo Regular Member

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    Also make sure you report him to Chilling Effects. This is an idiot that thinks ProxyFire.com is an infringement of Proxify.com! What a total scumbag.
     
  13. raghul

    raghul Registered Member

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    yeah heard many stories about this guy....lol...

    and what is chilling effects?? some info please.
     
  14. tekg0r

    tekg0r Junior Member

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    I would ignore this. Any credible infringement notice will come from their legal department our outside counsel, not their president.

    Also, squatting a non-obvious, non-brand typo is a bit of a grey area.
     
  15. Profit

    Profit Regular Member

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    Tell him to go to hell. Sounds like his business must be shit since he has all this time to harass people about similar domains. Besides it is very doubtful he would have any recourse unless he can prove that you registered the domain name in "bad faith" for reasons such as reselling it at a higher price. See The Anticybersquatting Consumer Protection Act

    Code:
    http://en.wikipedia.org/wiki/Anticybersquatting_Consumer_Protection_Act
     
  16. opteron

    opteron Newbie

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    As "Proxify" is not a well known name to the public, it is not legally right to label this as an infringement at all.

    He's just bullshitting around, even without a proper legal firm. The fact that Mr. President got to post this himself is downright demeaning...
     
  17. raghul

    raghul Registered Member

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    i did not rply to any of his letters....i am not gonna squate...i did not buy this domain in" bad faith"(whatever that is)..and i am not gonna give it to him.

    And even if the legit letter comes i'll drop the domain...i am not gonna GIVE it to anyone.
     
  18. hispy

    hispy Newbie

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    I have a couple of domains with the "prox" in the name. May send this clown an "official" email stating that he is infringing on my trademark. He he stating that the word "prox" is his trademark. If he wishes to take me on, he is in for a counter lawsuit, and I have no qualms about doing just that. I will put this punk in his place real quick. Tell him to stick his idle threats up his azz and if you need help, legal or otherwise,contact me, but keep your domain and ignore the lame threats.
     
  19. casper

    casper Newbie

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    what a douche. obviously if people are going to forfeit their domains to them, then that is on them. sending a bunch of legalese to someone might do the trick, but imo you are doing the right thing by holding on to it. his claims are vague, baseless and just wrong. worst case scenario is that you hand him the domain after he has spent tons of money pursuing you legally. can't get you for more than that.
     
  20. raghul

    raghul Registered Member

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    thanks for the support guys....

    and HISPY..i'll surely let you know when something happens lol....