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They are going after my domain!!!

Discussion in 'BlackHat Lounge' started by charlesbrunkle, Feb 23, 2010.

  1. charlesbrunkle

    charlesbrunkle Registered Member

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    OK, I need help with this....

    I have website which part of the domain name is the name of a big company

    Now they say, that I have to give them the domain or they will have little option but to pursue their legal rights and remedies to the fullest extent applicable under relevant Trade Mark Law.

    I know that in USA is a big deal, but as far as I know here in the UK is not illegal right??

    Can they really do something?
     
  2. emperorniks

    emperorniks Registered Member

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    Chill Dude, On basis of their size ask them to make you an offer. If it is decently big enough ask them for 10,000$ + And tell them you can proof that the domain is no where related to your company. No use of quarrel and court cases. :)
     
  3. mil0x

    mil0x Power Member

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    Americans are always quick to say 'legal action', if that scares you, just give up the domain. You're not likely to get sued, but it could happen, just depends on how much they want you. And I guess the UK has a trademark protection law as well.
     
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  4. pro2sell

    pro2sell Registered Member

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    dito.

    better a fast 5 figure than a longterm nothing but trouble
     
  5. theleadsource

    theleadsource BANNED BANNED

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    United Parcel Service came at me real hard for a domain that I had... I only made about 400.00 a month with it so I gave it to them in order to keep the lawyers from making money.

    I am in the US and my site was hosted in the US as well.
     
  6. charlesbrunkle

    charlesbrunkle Registered Member

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    well is a clothing brand, I'm using their brand name on my domain name and I'm selling their products....... I told them I was willing to give them the domain, but that we had to negotiate a compensation for my time and money spent on the website - and they said no...
     
  7. gregstereo

    gregstereo Elite Member

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    Ask yourself this:

    are you making enough from the name to make it worth fighting for?

    are you abusing the name (in the context of, are you trying to make it look like an official site or something similarly confusing/misleading/bad faith), or is it sort of branded as a "fansite" or user community site of some sort)?

    does the company in question have a history of aggressively defending its marks in cyberspace legally?

    Has the correspondence you've gotten been via e-mail or snail mail? Snail mail is used to serious threats, e-mail threats are the opening act....but they lead to snail mail threats sometimes. And sometimes scammers try to come after trademark names appearing to be representatives of the real company, just so they can snag the name for themselves.....

    If they're legit (the actual mark holders or representatives of the mark holders), they can come after you and try to intimidate you. They can sue you though IMHO no country's courts can actually govern the internet.

    They can file a WIPO UDRP complaint. They and ICANN are the uber-authorities in cyberspace.

    Good luck.
     
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  8. charlesbrunkle

    charlesbrunkle Registered Member

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    yeh they are quite big here in the UK
     
  9. charlesbrunkle

    charlesbrunkle Registered Member

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    Umbro
     
  10. portalweb

    portalweb Supreme Member Premium Member

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    please post your domain here...we want to see what you're talking about..before it's gone to these guys.
     
  11. nerdmoney

    nerdmoney Junior Member

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    Umbro, Ltd., a subsidiary of NIKE, Inc.

    ouch
     
  12. Xyon81

    Xyon81 Regular Member

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    tell them to fuck off, they can't do shit
     
  13. richcamp

    richcamp Regular Member

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    Of course they can take the domain from you. Your registrar will upheld everything WIPO says.

    But to be able to claim monetary damages they would have to take it to a normal court after WIPO. They will have to spend somewhere between USD 1,500 to USD 4,000 to take it to WIPO and probbably more if they decide to take it to a normal court, but if they do that then youre really fucked.
     
  14. bizilux

    bizilux Senior Member

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    where is democracy in this guys?

    in what society are we living? in about hundred years from now, people and companies with power, will take over this world, you can laugh at my words right now, but this will happen for sure...

    i mean why the fuck some1 cant have domain as he wants, id say fuck you to the company, if ur incapable of taking all domain names and redirect it to main domain...then piss off and let me get some money from this.

    i mean wtf...luckily i dont have problems like that
     
  15. charlesbrunkle

    charlesbrunkle Registered Member

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    well I just tried one last bluff........ lets see if they decide to give some money for it
     
  16. glaxxon

    glaxxon Junior Member

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    Better give it up if they are the real representatives. If they take it to court you'll be paying way more than what you would make from your site in years. They have full right to take the domain. Theres nothing that you can do. Just try sending them another polite email saying that you are ready to give them the domain. Request for small compensation. Say you understand they have the right to do this but you were unaware when buying the domain about there trademark. Make up some story. You will anyways have to give it up...
    Posted via Mobile Device
     
  17. bobbys

    bobbys Regular Member

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    You can use a trademarked name in your domain name, I have several and receive emails from overpaid lawyers on a weekly basis about them. But at the end of the day there isn't much they can do..unless your website (either from the wording of the domain or the design of your site) can be mistaken to be associated with that company by a resonable person. That seems to be the metric they use when deciding these trademark cases. If your website has the company's banners, design, logos, menu's, etc.. then they have a pretty good case against taking the domain from you.

    Here is one example where you would think someone clearly had a right to take back the domain. Ever watch "Saved by the Bell" with Dustin Diamond as "Screech"? Someone registered a domain in his name www. dustindiamond. com and put up a ridiculous website about him as a mock fan page, but at the top they made sure they posted that it's in no way affiliated with him. He sued in court to get the domain on grounds that the person was representing himself as dustin diamond and making a mockery of his name, but the judge ruled that no reasonable person would believe they were reading an official dustin diamond fansite and to this day the site is still up and running.

    So before you get scared by these emails and letters filled with advanced legal terminology meant to do just that, ask yourself.. "Could a resonable person who visits my website think that I am in any way associated with XYZ company, acting as an agent for them, or selling anything for them?"

    If you can't answer this question definitively then you may lose your domain. If you can say "no" then the lawyers are just grasping at straws hoping that you cave and transfer the domain.
     
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    Last edited: Feb 23, 2010
  18. gregstereo

    gregstereo Elite Member

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    yep you're toast on that one....Nike is pretty litigious....
     
  19. harry

    harry Junior Member

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    I'm using trade product names on sub-domains. The TLD is not a trade name. Is that safe enough?
     
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  20. loclhero

    loclhero Supreme Member

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    You can listen to anyone you want but if you are using a trademarked name it can be taken from you at any time. This is not a new issue believe me. If you refuse to give it up your registrar will make it all very simple and shut down your site if they are pressed by the trademark holder.

    On the other hand, you have every right to hire an attorney and file a lawsuit against Nike (via international law I might add), and spend the next years fighting them at which time you will lose.