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Proxify.com Cease and Desist Email and Call

Discussion in 'BlackHat Lounge' started by JCash21, Jun 3, 2009.

  1. JCash21

    JCash21 Registered Member

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    You have got to be fucking kidding me!!!

    Even received a call from the CEO who is demanding I send my domains to their godaddy account without compensation. Shouldn't they have disabled the use of these domains or at the very least registered them since they seem to be soooo very concerned with protecting the (broad and widely used term by many, I might add) company name. Greedy SOBs.

    Screw YOU [​IMG]:rocketwho

    I told him that I will consider. Do I have any options here?

     
  2. purebackend

    purebackend Newbie

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    Gotta love when 'official' letters have big errors in them. Such as June 2nd, 2008.. Pretty sure that was awhile ago :) Guess you'll have to build a time machine just to reply in time.

    Cease and desists are normally just scare tactics at the start. However, they can pursue if it's worth it for them. If you're not making any coin off of the domain, then offer to sell it to them at reasonable price. If you are making coin off of it, then get the domain and setup a little more anonymous and BP so at least they won't call you at home hehe.
     
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  3. tattoo

    tattoo Regular Member

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    Yes, just ignore him. If he really wants it let me him take it to WIPO arbitration. It will cost him 2k just in filing fees.

    GoDaddy will not yank it from you unless they get notice from WIPO.
     
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  4. newss

    newss Junior Member

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    You are right, they are generally scare tactics. But if your website is extremly similar to Proxify's site, and they feel you are threatening their business. They can sue you for damages, have the court order you to transfer your domain names.

    In this case, it almost looks as though you had intentionally reserved the names with the proxify mark...

    My suggestion: If you are feel extremly threatened call a patent attorney and ask for a free consultation.

    Personally, if you just talked to him I wouldn't worry about it. Do not reply back to the email, and don't sign for any certified letters. If it's serious enough, wait till his attorneys send you a letter and then figure out what your going to do.

    More than likely he's only going to offer you a few $$ for the domains if anything at all. Proxy sites are very easy to get traffic for, once you set one up... Unless your domains are the next anonymizer don't expect to recieve anymore than $50-100 for the lot of domain names.
     
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  5. dloader22

    dloader22 Junior Member

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    Those letters are a joke. If they really wanted to sue you they would have already. And I've been sued before and "got served" the court documents, most lawsuits never even make it to court because you can call up the other part basically tell them you are broke and settle for a few hundred bucks thats if you really are in the wrong but there really is no merit to their claim so you got nothing to worry about unless you are extremely rich or something then you might wanna work things out with them.
     
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  6. JCash21

    JCash21 Registered Member

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    Thanks for the responses guys.. I actually hadn't even heard of proxify.com until after I had registering my domains. They're basic proxy sites that are going to go through some SEO for standard (not company/proxify related) keywords. I was even fixing to slap some Proxify.com banners on them before I got this call from Justin Schlecter. That sure as heck won't be happening now - I don't promote greedy corporations, no matter how much potential their affiliate material may have.

    My specific gripe is about the domain I have, Proxyify#.info. Notice PROXYify. Proxify.com was registered in 2003 and now have taken to monopolizing a term that has been in the proxy niche for nearly 10 years before they were around. Now they require me to hand over domains I registered with my money, without compensation, and when they could have A. Registered them for their business or B. Restricted the registration of such domains. This seems to be a more passive form of armed robbery to me. To hell with 'em. I'll wait on a letter and weigh my options.
     
    Last edited: Jun 3, 2009
  7. newss

    newss Junior Member

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    The problem you have, is you are promoting Proxy services on the site, what specifically the trademark application sought to protect. For example, if you had registered proxyify and offered some type of "regular post office mail forwarding" acting as a proxy for that person, you would have a chance. But unfortunatly given the fact that the domain is very similar and your offering the services, it's would be most likely up to a Judge to decide whether your domains infringe on their trademark.