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Today I got a Domain Name Complaint and Dispute

Discussion in 'Domain Names & Parking' started by enes9, May 1, 2012.

  1. enes9

    enes9 Registered Member

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    Hello Guys,

    Today I was surprise to get an email of a domain complaint and dispute from WIPO's Arbitration and Mediation Center. What should I do, should I bring the site down immediately?

    The complain states: "The Domain Name is identical or confusingly similar to a trademark in which the Complainant has rights;"

    Wow, the complainant must be so pissed off.
     
  2. ADHD-Dude

    ADHD-Dude Power Member

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    How similar is the domain?
    When they registered the trade mark?
    Do you promote they products on your site?

    Don't try to sell the domain to the ones that filed the complaint. If they resisted the trademark after the domain was resisted then you have no problems.
     
  3. Fateless

    Fateless Newbie

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    without knowing more details no one can give you a better insight...that means both domains and the use that you are giving to your domain/site.
    where you selling or putting ads related to the tm ?
     
  4. kvmcable

    kvmcable Supreme Member

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    You should do what the letter tells you to do unless you want to hire an Attorney and dispute the facts. Most likely they have a solid case.
     
  5. cloakme

    cloakme Regular Member Premium Member

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    Read the letter carefully and make sure what they are saying is the facts. You can easily pull up registered trademarks etc online to make sure they are not using a scare tactic. Obviously if you have amazon.info or a huge name brand then then take it down immediately.
     
  6. enes9

    enes9 Registered Member

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    Yes. I should probably close down the site. I'm not selling their product. Just a review website, the domain is <PRODUCTNAME>review.com . And I just got another email from some xxxx@wipo.int of a "DHL Intraship - Shipment notification".

    Damn, they really are persistent...
     
  7. 0_inspiration

    0_inspiration Regular Member

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    Switch it to a parody site :D
     
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  8. BrassMonkey

    BrassMonkey Newbie

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    take it down
     
  9. Ginger_Ale

    Ginger_Ale Registered Member

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    I was wondering something sort of related to this. Can you get in this same kind of trouble for using a trademark in a subdomain? I would guess yes. At least, to give an example, Amazon explicitly forbids this. But at the same time, I see a lot of Blogspot blogs using the word Kindle, and they've been around for some time, so it's unlikely that just nobody has noticed. Thanks
     
  10. ebaum

    ebaum Newbie

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    you gave them good reviews? are you ranking above them? i have some similar domains like yours. thats scary
     
  11. ok888

    ok888 Jr. VIP Jr. VIP Premium Member

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  12. nonin

    nonin Jr. VIP Jr. VIP Premium Member

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    give it away to some Chinese blackhatter and ask to 301 to redtube

    ... forget - once you have received this letter - you have lost the battle

    p.s. I really wouldn't suggest to get involved into legal disputes (that can become VERY expensive for you)
     
  13. spasovski

    spasovski Regular Member

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    What if I'm from another country, Macedonia for example, and what if I don't wanna close it down ? What are they capable of if I'm not in the hands of the local laws where they have claimed copyrights ?

    I wouldn't give up that easy. I would send them a email like:

    Pick one option:
    1. I close the domain, you pay me $50 for all the expenses
    2. I close the domain, you chose to pay me nothing, I pay another guy to create 10 scam reviews for your product, and rank them.
    3. I keep the domain
     
  14. Ginger_Ale

    Ginger_Ale Registered Member

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    I was (am) wondering the same thing. From Wikipedia:
    "It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis (e.g. the Madrid and CTM systems, see further below), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as "territoriality"."
     
  15. BlackhatArticles.com

    BlackhatArticles.com Registered Member

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    try asking your question at namepros, they are best in domain game.