okay this is what i got after registering my domain name
ROXOFY.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: [email protected]