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Without prejudice

Discussion in 'Black Hat SEO' started by goodseoman, May 23, 2012.

  1. goodseoman

    goodseoman Power Member Premium Member

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    Pls help. I need your ideas of any types.
    I bought an expired domain and got this today:

    "WITHOUT PREJUDICE
    Dear Sirs

    We write to you further to our April 23 2012 email to you in connection with the registration of ‘jobs-xxxxxxxx.com'.
    As detailed in our letter, you have registered and are using the Domain Name which contains general Search Engine Optimization (‘SEO') information as well as links to third parties in a "blog" format. we are concerned about the potential for confusion and the misdirection of consumers seeking information about us. This is an undesirable situation and is unacceptable to us.
    In accordance with the above and in our letter to you, and without being obligated to do so, XXXXX XXXX hereby gives you an extension of 21 days, until June 13, 2012, to:
    (a) transfer to XXXXX XXXX forthwith the Domain Name and any other domain names registered and/or controlled by you which contain or refer to the XXXXX XXXX name;
    (b) take all necessary steps forthwith to release such names from the servers on which they are held and to transfer them to our servers, details of which will be provided to you;
    (c) and undertake in writing not to register or cause to be registered, whether by you or by anybody acting on your behalf and/or at your direction, any domain names containing or referring to the XXXXX XXXX name or any variant thereof and warrant that you have not registered any other XXXXX XXXX domain names or any other domain name which infringes our intellectual property rights;

    Yours faithfully"

    xxx is someone name. Their main site: www.xxxxxxxxx.com is an PR6 online sport betting.
    I register this domain at name.com and host at a 3rd world country for backlinks only.
    Pls let me know which step should i take?
    Thanks very much
     
    Last edited: May 23, 2012
  2. paymymortgage4me

    paymymortgage4me Junior Member

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    IMO, ignore it, they're just trying to get your domain. Wait for a letter to come from their lawyers before you even think about giving it to them.
     
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  3. teamrecon

    teamrecon Registered Member

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    "without prejudice", I believe means that they could not produce that letter in court as evidence. Wait for something more official !
     
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  4. AlexMit

    AlexMit Junior Member

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    It is simply an attempt to grab your domain name.
    Trash it.
     
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  5. Orbit143

    Orbit143 Senior Member

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    ignore it
     
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  6. elvis1973

    elvis1973 Power Member

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    If the xxx bit is their company brand and they have it registered as a trademark then it is inevitable that you will end up handing over the domain. If the xxx is simply a generic term than I would ignore it.

    Better still, send them a letter back asking that they hand over their domains.

    Withut prejudice definition found online:

    "Simply including the words ‘Without Prejudice' in a communication will not prevent the content from being admissible in Court if the document is not a genuine attempt to resolve the dispute. Also the Court will often take into consideration ‘Without Prejudice' communications when assessing an award for costs against a party or where there is a dispute as to the terms of any settlement agreement which was agreed on a without prejudice basis"
     
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  7. crzyyoungn

    crzyyoungn Registered Member

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    Yeah I wouldn't worry about it personally unless it was coming from a lawyer
     
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  8. goodseoman

    goodseoman Power Member Premium Member

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    Yep, it's from his IT manager.
     
  9. GreyWolf

    GreyWolf Executive VIP Jr. VIP

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    I agree with pretty much all that has already been mentioned.

    It would of course depend a lot on the actual term, but as already mentioned they really wouldn't have much of a case unless it's a very well established brand name and not any type of common term or phrase. If it is a fairly common term then even if it's fairly well established as their brand then the brand confusion is only applicable if you're using it as promotion for the same niche. For example, in the 1970s Apple Records was a very well established brand, but that didn't stop Jobs and Wozniak from starting up Apple Computers. Apple is a common term and the two companies operated in unrelated (at the time) niches.

    The fact that it's an online gambling site is another factor to consider (because they are typically operating on fairly shaky legal ground themselves) and that it's coming from the IT manager is an indication that they might not even fully understand the trademark laws themselves.

    Based on what information you've shared I don't think I would give it much attention at this time. Even if the claim does have some merit, with the prevalence of spam and scams of this type you're probably fairly safe ignoring it at least until you receive any correspondence from an actual lawyer.

    As I said it really depends a lot on what the actual term actually is. If it ever is followed up with anything from a lawyer then you may need to make some decisions about how strong a case you can make and how much it's worth to you. I definitely wouldn't just hand the domain over to them though, at best I might just stop using it or maybe even repurpose it for something I was even more confident about.



    Disclaimer - this of course is simply my personal opinion and should in no way be considered as any type of legal advise. :cool2:
     
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    Last edited: May 25, 2012
  10. goodseoman

    goodseoman Power Member Premium Member

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    Thanks GreyWolf for insightful advice, as always.