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microsoft lawyer emailed me...

Discussion in 'Domain Names & Parking' started by appleman, Apr 2, 2010.

  1. appleman

    appleman Regular Member

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    It has come to our attention that you have registered the domain name
    and are using the XBOX Logo and XBOX trade dress at the corresponding web site

    Your use of Microsoft trademarks as described is likely to mislead and confuse consumers as to the
    source of your services, or as to endorsement or sponsorship of your business by Microsoft. This
    constitutes trademark infringement, and is not defensible as nominative or fair use. It is not
    acceptable for you to offer services bearing no indication of source or identity other than Microsoft
    marks.

    Microsoft is prepared to file appropriate proceedings to unshield your identity, recover this domain
    name, and prevent further misuse of its trademarks. However, we anticipate that having received
    this notice you will agree to an amicable resolution. To this end, we require your written agreement
    to:
    (a) transfer the domain name to Microsoft; and
    (b) refrain in the future from using Microsoft logos and trade dress to promote non‐
    Microsoft products and services.

    so it looks like the not only want me to take down the site and their logos...but also to transfer the domain name away as well...
    what do you all think?
     
  2. fun4uoc

    fun4uoc Jr. VIP Jr. VIP Premium Member

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    Do WHATEVER they ask...
     
  3. darkface

    darkface Senior Member

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    Don't think that you have got a chance against them. They will get whatever they want and if you don't do what they ask straight away you will end up loosing a lot of money
     
  4. jodys

    jodys BANNED BANNED

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    Don't kick a big dog. I've been sued for copyright infringement and it cost me dearly. I probably wouldn't turn over the domain but I would take down the site and use the domain later for something that doesn't violate a copyright. A review site for example. Don't argue the trademark or copyright, MS has full time lawyers on the payroll with nothing better to do than make an example out of you. You've come up on radar and the best thing to do is get the F off of it.
     
  5. appleman

    appleman Regular Member

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    interesting because I do not use the site ...very little traffic.
    I have changed the website but am concerned whether to actually transfer the domain away. Do i need to worry about my other sites getting suspended because of this?
     
  6. sp33dracerman

    sp33dracerman Newbie

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    Just because they want it does not mean its valuable......dump it to them and register a smarter name
     
  7. indianbill007

    indianbill007 Jr. VIP Jr. VIP

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    Get the F out of it, close the domain now!, if you have multiple domains hosted with this domain then there are high chances that all of them will get closed as well.MS will kick your hosting company on its butt and you will get the kick in return!. Act fast and save yourself.
     
  8. jb123

    jb123 Newbie

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    What exactly is your domain???

    Im just curious.

    -Jon
     
  9. photoads

    photoads Regular Member

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    I would make sure it is genuine and not someone trying to steal the domain from you ...
     
  10. WorkFromHome

    WorkFromHome Newbie

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    I wouldn't necessarily just give them the domain. Sure, I would park the domain with my registrar, but domains are valuable and certainly the domain they are after is either valuable to them or causing enough confusion for them to do something about it.

    You have to understand that this is simply an email and has little legal upholding. First thing you need to ask is "Are you sure the email is from Microsoft?" I get scam emails from companies all the time that aren't actually from the companies, but some scammers masking their email with the companies. You have to be careful because once you transfer the domain, it's done.

    I would really do some more research and ask them questions and talk with their legal department. They should have provided contact information in the email and if they didn't, then as I said above it certainly smells fishy. Until I speak with an official of Microsoft on the phone, I would be weary. People will do anything these days to steal a domain.

    Hope this helps
     
  11. appleman

    appleman Regular Member

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    I hear you... came from richardlawgroup.com .

    thought it was strange that they are located in dallas texas
     
  12. DocMello

    DocMello Newbie

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    LOL

    paraphrasing from the site: this site has been written or gathered by [firm] for informational purposes only. It is not intended to be and is not considered to be legal advice.

    Seriously though, if you used any microshaft names or trademarks.. you should bring it down.

    It is best to keep your domain names clear of TM's in the future.

    Some companies actually look for infringement.
     
  13. mrblackhat

    mrblackhat Regular Member

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    CHOOSE OPTION B, lol

    Those fuckers don't need more of people's money(meaning your domain name)
     
  14. appleman

    appleman Regular Member

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    even more funny..the domain is less then 2 months old so cannot be transfered anyways. Now I am just worried domain reg getting stupid on me suspending all domains in my account.
     
  15. blackma

    blackma Power Member

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    Ya I would do what they say and let it go.

    That Bill Gates is just plain mean...
     
  16. tonlilaz

    tonlilaz Executive VIP Premium Member

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    you guys need to start thinking harder about how to pick good domain names.....trademark names are the worst way to go....especially after you get a c&d letter.
     
  17. XoC--

    XoC-- Jr. VIP Jr. VIP Premium Member

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    I had a similar issue with a few domains I registered a couple of years ago with a telco giant.

    I laughed and told them to sue me, never heard from them again.

    But then again I wasn't using any logos it was for vhosts on IRC.
     
  18. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    I wouldn't mess with Microsoft... I know a guy that owns a computer store that was selling pirated copies of Windows.

    The end result was a judgment of 250,000 against him.
     
  19. legoego

    legoego Regular Member

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    don't know what it is, but it sounds painful
    Still be alright if he made $300k selling the copies of windows;)
     
  20. Wikolia

    Wikolia Junior Member

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    Sad fact is you dont even need to be selling pirated copies!

    While not 'technically' illegal, licensing restrictions of M$ products prohibits selling anywhere other than the country M$ decides they are for....
    There was a guy on a business forum a while ago who got bitch slapped hard in court because he was importing wholesale lots (legitimate fully licensed) of Windows to sell in his store and online. M$ won the case by saying they were not licensed for use/sale in countries other than the one they were originally distributed in.