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Large trademarked company sent me an 80 page document requesting a domain I own

Discussion in 'Domain Names & Parking' started by mutatedllama, May 22, 2012.

  1. mutatedllama

    mutatedllama Regular Member

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    I have no experience in this field, but the general jist was:

    I'm not using the domain properly (it's parked with ads)
    I have no relation to the trademarked company
    I'm not known under the same name as the trademarked company

    So they are saying I don't have any right to the domain name. What can I do here? I wouldn't mind parting with it if they offered me something for it, but I know enough not to request/demand money :D.

    Another thing to note, it's registered with Internetbs and the notification came through them as I registered it privately.

    Cheers in advance for any advice!

    Edit: sorry, quite a major point I left out - the domain name contains their trademark (as well as another trademark owned by a different company) ie. trademark1trademark2.com
     
  2. goinviral

    goinviral BANNED BANNED

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    ignore it !
     
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  3. champ5

    champ5 Newbie

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    If the tramark name is in the domain name, I think you should hand it over to them. If its not that valuable ($1000+ or so) you should give them to the trademark owner to avoid a lawsuit. Its not worth then to risk high lawsuit fees for the domain.
    Private registration won't protect you from a lawsuite, as the registration company might be forced to give them the details.
    I'm not a lawyer and this shouldn't be seen as a legal advise :)
     
  4. dollarzz

    dollarzz Regular Member

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    I dont know what to do, but I think it is crazy that they can do whatever they want and demand whatever they want..... If they wanted the domain they should have bought it before you. Fuckers....
     
  5. lilmasta

    lilmasta Jr. VIP Jr. VIP

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    true that ... show them a middle finger write them back and tell them your making bla bla amount every month with this domain .. if you guys want this name you have to pay me something ..
     
  6. thetrustedzone

    thetrustedzone Jr. VIP Jr. VIP

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  7. Exaggerated

    Exaggerated BANNED BANNED

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    No point making negotiations with them and expect from them for something. If its a big company then I really think you should hand it over before anything legal problems happens.
     
  8. dejanlesi

    dejanlesi Jr. VIP Jr. VIP

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    If it is a trademarked domain and not a general term then you don't really have much to go on, especially if it is parked..

    You need to give more facts to get a clear answer..
     
  9. mutatedllama

    mutatedllama Regular Member

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    Updated the original post with a major point: the domain contains their trademark as well as another trademark owned by another company. Not sure how that affects things.
     
  10. lilmasta

    lilmasta Jr. VIP Jr. VIP

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    Cant you just mentioned the name here cuz its getting rly confusing ...
     
  11. Crewchief007

    Crewchief007 Jr. VIP Jr. VIP

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    Mutatedllama, the truth is, any time you are asking legal question related to (IP) Intellectual Property, you need to talk to an IP lawyer.

    That would be one who actually went to law school, graduated, took the bar exam and passed and has a license to practice law in your state and is seasoned and experienced with IP law.

    Any other input amounts to legal conjecture and hypothesis that could cause you to give some or all of your legal rights.

    There are plenty of cases where domain owners DID NOT have to give up their domains when trademark issues were involved. The PayPalsucks.com is just one example. I have 2 different domains in which people/companies had trademarked rights. None of my scenarios ever went to court.

    In one case an attorney sent me at least four demand letters ordering me to immediately turn over the domain to his client. In the other incident, the prick trademarked the domain name and then went after me. In the end, the prick gave up but the attorney stayed on the case for a while. My guess is, he was piling on relatively easy billable hours to his client.

    The funny thing is, when I talked to the first attorney, he advised me to turn over the domain name. But turns out he was not an IP attorney, so his advice was moot.

    I consulted with a business law attorney and that is when we came up with strategy to tell the attorney and his client, to go screw himself.

    If there is value in the domain name, I'd seek genuine legal counsel as opposed to getting forum opinions from untrained and unlicensed law practitioners.
     
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  12. techfan

    techfan Junior Member

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    This is a very tough situation
     
  13. lensman

    lensman Newbie

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    Alot depends on the DATE that you registerd the domain.

    If your registration date was before theirs, then you are "grandfathered in" and can use the domain even if the product is similar to theirs. If your registration date is after theirs then your product cannot be the same as or similar to theirs.

    However, if your product is not realted to theirs, then they have no legal standing. Trademarks are registered in "classes" related to the product or service.

    Download and read the Nolo book on trademarks
     
  14. xblade

    xblade Guest

    If this company takes ownership of the domain, they would then be violating the other company's trademark. What an interesting conundrum.

    Meanwhile, the reality is **IF** they want to push this, you're going to lose...period. This isn't a "paypalsucks" scenario, so don't even pretend that site's success is going to protect you in any way. And if you try to shake them down for some cash as some are advising, you're likely going to lose even worse. That's what we call cybersquatting, and it is illegal.

    Having said that, lawsuits cost money, so who knows how far they're willing to go. How far are you willing to go over a site that's making you nothing if they decide to go forward?
     
  15. mutatedllama

    mutatedllama Regular Member

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    Thanks for the advice guys. As I'm not currently making much from the site I might just hand it over. Not surr it's worth the trouble. Cheers!
     
  16. monk13

    monk13 Power Member

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    immediately post a parody site on the domain, making fun of them, do not monetize the parody site, utilize it for links, and tell them to go fuck themselves

    under fair use, you can use anyone's trademark in parody to make fun of them, as long as you make no money from doing so
     
    Last edited: May 26, 2012
  17. H3ktor

    H3ktor Jr. VIP Jr. VIP

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    Ignore it. Don't ask for money. Sometimes Trademarks run massive campaign regarding their brand identity protection. Most of these are automated notification. Once i got a similar notification from facebook regarding one of my domain. I ignored it and nothing happened.
     
  18. monk13

    monk13 Power Member

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    I hate to see it when large companies try to push around the little guy
    If any domain of mine got hit like that, i'd immediately put up a site that totally made them look like a bunch of pricks, and email them telling them what they can do with their 80 page letter
    hide behind the 80lb gorilla of Protected Free Speech, and give em the finger
    with trolls like that, if they troll you, you got two choices, bend over and take it like they want
    or troll them back, harder
     
  19. hellohellosharp

    hellohellosharp Power Member

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    They owned the cmpany (and trademark) before you registered the domain right?
     
  20. thatotherguy

    thatotherguy Power Member

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    just delete what is theirs and forget them