I'm the owner of domain which contains the name of one company. They wrote me an email, warning me that is opposite to their policy and the only solution I can do is to transfer domain to them. In chargeback, they'll cover all expenses and fees of transfer process. This looks like a ransom to me and I'm interested are they allowed to do a things like this. That domain is registered 2 years ago. I'm promoting them on that site due this period like an affiliate, spend my money and time for managing a content and SEO and they told me today to transfer domain to them. Before I answer them, I want to hear from you is this legal from their side. I just want to mention that company has a registered a name as a trademark.
When did they register it? If you used it before they did, you have certain rights (of preuse). However, you are promoting them for your own benefit...
They probably register trademark before I register a domain, but it's not point. I'm affiliate of them. I have a regular affiliate account and promoting them as regular affiliate through their publishing network. But how anybody can own ALL domains which contain their name? Even if they are not registered yet. Is it possible that any BIG company didn't do that like Microsoft or Apple, but they did? Or I'm wrong?
They told me it's opposite of their T&C's, BUT, I'm asking: "how anybody can own ALL domains which contain their name? Even if they are not registered yet." Is this legal or just ransom? Can I register a trademark ABC company and ask all sites which have ABC in their domain to transfer their domains to me. Another thing. My domain is not same as their trade mark. Let's say they call ABC, and my domain is AB-C. That also could be a reason why I'm not violate their T&C's.
It's .com I understand that they asked me to sell them domain, but they REQUESTED to TRANSFER my domain to THEM! I think it's not legal.
As akila said, read your affiliate agreement. But then, the other party had told you how you've violated it. Anyone can register any domain name. However, some laws and your contract with whoever you're doing business with practically limit your use. Certain laws place the burden on trademark holders of protecting them. They risk losing them if they're not careful, especially if that mark is responsible for their commercial success. If you registered a domain name bearing the party's trademark and had used it in such a way that it's likely to confuse people with the mark holder, then it's why you eventually received the letter demanding you transfer the domain to them. You then ask yourself how much effort is it worth resisting them. Now, it's understandable you're "doing them a favor". Unfortunately, it's solely up to the trademark holder to decide how they will benefit from their mark. It's subjectively debatable whether they're right or wrong, ransom or legal, or whatever one wishes to argue. But one thing that's likely certain is that party has a trademark, have deep pockets, and can likely hold you liable. It's one of those things that some people, unfortunately, tend to find out the hard way. Ouch.
Hi David, Thanks much for detailed answer. So, that basically means that we don't need to transfer them domain and they cannot court us because of that, but we can just stop operating that site and turn if off.
Oh, you can do nothing. But they might file an administrative proceeding or a U.S. lawsuit covering this, get a default decision if you don't reply, grab that domain name from you, and/or even have a monetary judgment against you if they filed suit.
If they have their trademark, I think dave is correct. If they donot have their own trademark, even donot answer their emails.
I too got in trouble with the a company who's trading name I thought was a general word - HDMI. I thought it was a connection type and not an organisation. Their solicitors sent me a letter and the domain was taken off me. Since then I hav seen several domains with HDMI in it, and no action taken.
Thanks guys for replies. I wrote them that I can sell them my domain, not give them. If they still want my domain, I'll turn off the site. It's my fault not reading the T&C's.
Careful there. While telling the trademark holder you're "selling" the domain to them simply to be reimbursed for registering it is rather understandable, there are some who rather "automatically" treat that as further infringement. Don't treat this as "legal" advice as only a lawyer is qualified to give such, but I'd maybe send a followup it's solely for having registered the domain and not anything else. However, don't expect them to "reimburse" you for that domain name as they're not obligated or required to do so. Last thing maybe anyone would want is dealing with someone who's probably being an unreasonable arse, yet might have the law on their side and is quite capable of holding you liable for breaking it.