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Why You Should Ignore Cease And Desist Letters For Trademarked Domains

Discussion in 'Domain Names & Parking' started by barrelroll1, Mar 16, 2014.

  1. barrelroll1

    barrelroll1 Newbie

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    Many of us have received cease and desist letters for our domains that have a company's trademarked name in it. The process typically consists of a company's representative or lawyer sending the C&D letter via e-mail or post and threatening legal action if the website is not taken down or transferred. These letters should be ignored as they are merely a scare tactic. The only way you would get into any legal trouble is if you are using the Trademarked name in a way that is copying the company's business or trying to trick visitors into thinking you are that business.

    Look at websites such as paypal sucks.(c.o.m.) How do you think they have been up and running for so long? Well, they don't copy the service or claim to be Paypal, so the Paypal name in their domain is perfectly legal.
     
    Last edited: Mar 16, 2014
  2. Dagreyon

    Dagreyon Jr. VIP Jr. VIP

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    I don't know if it's legal to use the name without reaping benefits trying to copy the company, but I'm sure PayPalsucks just has an offshore hosting/registrar that ignores cease & desists.

    Either way, true or not, my lawyer told me that technically any email is not valid. It only becomes real and a potential risk if you do not respond/act on a letter sent via mail with the cease & desists and all relevant information backing the company/representation.

    NOTE:
    This is not factual, I'm not a lawyer, consult with your own, I'm just going by what mine has told me for my Country.
     
  3. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    Try getting a letter overnighted to you from a Fortune 500 company (it has happened to me twice) and you'll change your tune, OP. A civil lawsuit, should they pursue it, could end up costing you more than the value of a decent home in a decent area.

    As to emails, I would defer to Dagreyon as I have no clue there.
     
  4. barrelroll1

    barrelroll1 Newbie

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    That's exactly how they want you to react to a scare letter...
     
  5. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    My guess is that you have never encountered them in a courtroom. They do not lose and they win big money. There are several people on this site (real people that I have met IRL) that have dealt with some of those companies and their lawyers in a court of law and it is not pretty.

    If you have no assets I guess you can take a cavalier attitude towards a C&D from a Fortune 500 company but I would never do that.
     
  6. barrelroll1

    barrelroll1 Newbie

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    I looked up PayPalSucks whois and they are registered out of Kirkland, Washington. I'm sure they have received cease and desist letters from Paypal, but they appropriately ignore them as they are breaking no rules by using the name in their domain.
     
  7. barrelroll1

    barrelroll1 Newbie

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    If you use their trademarked name in your domain and attempt to copy their business or trick visitors then yes you should be scared of them. But if you use their name in a way that breaks no Trademark laws then they would absolutely waste their money on court as they would have no case... It wouldn't go that far though. The most they would do is try to scare you with a cease and desist letter...

    Paypal isn't a fortune 500 company but their parent company (ebay) is. And Paypalsucks has been giving them the bird since the year 2000.
     
    Last edited: Mar 16, 2014
  8. Tony Barns

    Tony Barns Regular Member

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    Well Nissan have been trying to get Nissan.com for years and have been to court and failed. But Microsoft took mikerowesoft.com to court and won. I tend to stay clear of this type of thing it's just not worth the hassle.