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is this for real, enforcement to disable my site?

Discussion in 'Making Money' started by scararm, Mar 5, 2013.

  1. scararm

    scararm Junior Member

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    I have a URL but I receive this letter. what should I do?
    can be happend to all .com .net .org. etc, etc, domain names or just my .com

    To Whom It May Concern,


    We are writing concerning your registration and use of the domain name xxxxxparapc.com, which contains the xxxxx trademark.


    You are undoubtedly familiar with xxxxx 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 xxxxx.com.


    xxxxx owns exclusive rights to the xxxxx 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. xxxxx 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 xxxxx?s exponential growth and immense popularity, the xxxxx 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 xxxxxparapc.com, which incorporates the famous xxxxx mark. xxxxx 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 xxxxx, dilute the distinctiveness of its xxxxx mark, or otherwise tarnish the mark. Accordingly, in addition to civil actions, xxxxx 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 xxxxx respects your right of expression and your desire to conduct business on the Internet, xxxxx 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 xxxxx?s reputation by registering domain names that include or are derived from the xxxxx brand. Such names are confusingly similar to, dilutive of, and can tarnish the xxxxx mark.


    We understand that you may have registered xxxxxparapc.com without full knowledge of the law in this area. However, xxxxx is concerned about your use of the xxxxx trademark in your domain name. Accordingly, we must insist that you immediately cease using xxxxxparapc.com and disable any site available at that address. 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.
     
  2. somebodysomewhere

    somebodysomewhere Junior Member

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    The sentiment is accurate. I'm no lawyer, but overall the idea expressed is accurate (as far as the US goes anyway). Is it a scam? Good luck. I'd take a hard look at any contact info they offer.
     
  3. bumpstah

    bumpstah Newbie

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    The "its parent Facebook" kinda give the whole thing away. :p
     
  4. ReALeST

    ReALeST Power Member

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    This shouldnt be a problem OP just reply back with this!Works all the time for me:)
    [​IMG]
     

    Attached Files:

    • Thanks Thanks x 2
  5. scararm

    scararm Junior Member

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    ok I understand is for real, and I know part of my domain name is a trademark, that's why I announce it at the button on the page,
    so what do you recommend me to do to keep traffic of this site? is not much is about 100 daily visits max average.
     
  6. dbyrn

    dbyrn Power Member

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    Don't let instagram fry your a$s. Release the domain & move on.
    D.
     
  7. smartsms

    smartsms Newbie

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    ignore it i got a legitimate letter and it was nothing like what they sent. My guess its your competition. It dont seem very legit to me.
     
  8. scararm

    scararm Junior Member

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    that's why Im here asking you more experienced people, for advice and yes the trademark name is IG, I dont care If I shutdown the site, Im doing nothing with it, I mean no listbuilding, no sales, no nothing :)

    anyway If I decide shutdown the site how to do it?
    can I redirect this domain to other site?

    thanks in advanced

     
  9. MrBeastsOnToast

    MrBeastsOnToast Jr. VIP Jr. VIP Premium Member

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    If you are not doing anything with the site then just take the site offline and keep the domain incase you want to before it expires. Its not worth the risk for no income lost.
     
  10. efwebs

    efwebs Regular Member

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    I got an email from a lawyer from a trademarked product I had a review site for with the product in the name. I took the site down. My plan was to make a clone site with another domain name and redirect the illegal domain toward it. I was hoping to save some of my traffic and links that way. Not sure if that would sufficiently protect you though.
     
  11. scararm

    scararm Junior Member

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    well is a shame, but I dont like legal action against me.
    I dont have job, I dont have money, that is for sure, But I definetly I dont want to be in jail LOL.


    thanks anyway to all that took time to answerme.
     
  12. cadshop

    cadshop Newbie

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    seems like you would have received something in your mail box, you know the USPS, like a registered letter. In my opinion
     
  13. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Premium Member

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  14. nbphuoc

    nbphuoc Regular Member Premium Member

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    This should work. OP should try this :D
     
  15. HoNeYBiRD

    HoNeYBiRD Jr. VIP Jr. VIP

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    they don't even know who you are, it doesn't matter if it's fake or real email, i'd say you can ignore it
     
  16. assphuck

    assphuck Senior Member

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    I flipped my first domain over 15 years ago and the advice everyone has given to get rid of the domain was spot on. Check the IP address of the E-mail to confirm that it is legit. Even if you live in a region where they can't sue you, and the E-mail was legit, it's just not worth the headache. Even if they don't sue you for failure to deactivate the domain, they can probably snatch it from you under the uniform domain name dispute policy. http://www.icann.org/en/help/dndr/udrp

    In the future it would be wise to stay away from trademarked names. :)
     
  17. neeganate

    neeganate Junior Member

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    I just got the same email, I dont think its real..
     
  18. scararm

    scararm Junior Member

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    today I get the second email [ 2nd Notice of Instagram Trademark Infringement ] what's next?
    why they keep sending me email in english if my site is in spanish? why they assume I know English.?