I know this is all over and done with, but just wanted to comment on some things said in here. Any real C&D will be able to get the information from your registrar. Trying to sell the domain means you registered it in order to sell it, which can be considered cybersquatting. That's the type of thing that gets you busted in court. You have to seem as though you don't want to sell it, but then sell it anyway. That's probably true. I have a bunch of domains that have proxify, or proxified in them. I was even contacted by facebook a couple times. Well, they stopped contacting me lol. End of story. If I am correct, the proxy script has the word "proxify" in it. So you could say that it doesn't relate to their copyright, but to the script function. That would get you off ;P. Cybersquatting again. Anyway, I got some proxified and proxify domains. Any one want them? I know a lot of people have said that they want some to develop them. Im not using them so I am giving you a perfect opportunity. Contact me if you do. Regards, Nick
It really doesn't sound like a strong case, and the fact that the company president sent an e-mail and it wasn't his lawyers sending registered mail makes it seem like a joke. I would keep going as normal until you got the real thing in the mail from proxify's attorney, then re-examine the situation.
They can saber rattle and take you to court. As corrupted as the judicial system is hard telling what the turnout will be. I wouldn't have just up and given them the domain for free though because that can be considered extortion. You should have put up a disclaimer stating that your site is not proxify.com and provide a link to their site from it, developed into a completely different site which looks and behaves nothing like proxify.com, and I would have had some fun with them toying with them by getting others who have gotten similar notices to join your group. The least you could have done was told them to contact you through someones law office and see what their response was. Anyone remember mikerowesoft.com? http://www.news.com/2100-1014_3-5147374.html
That depends on registrars' mileage. Some who are risk-averse might provide all that information to avoid liability, while others like the one I had worked with in a previous life will wait for a court order or UDRP notice. Essentially the dilemma here is when can you safely ignore a party's "threat" to when do you try working with them to amicably resolve the issue to when should you dispute their dispute. Without carefully examining all the facts, much more if you take a forum member's post as gospel truth that isn't necessarily reflective of how it works in the offline world, there's no way anyone here, or in anywhere around the world, can even remotely "guarantee" you what's the right action to take to respond to someone questioning you. Some might file a UDRP or even sue in court, others might leave you be. But if you're looking for some surefire answer, consult a psychic.
How can they own a trademark on such a generic word? Surely proxify is the act of using a proxy? I haven't taken english in awhile but that would like supelative or demotravtive use of the word or something.
Because it is a word they made up. As for your second comment, I am sure they take it as a compliment that you so closely identify their trademark with the act of using a proxy. That is undoubtedly why they picked that name.
But it is not generic yet, that is why they keep trying to stop people from using it. If they just let everyone use it then it certainly would become generic and they would lose their rights. Remember, it was not a generic word when they trademarked it. It is well known now only because of their use of the term as their trademark.
And generic words can be ruled valid trademarks as well, depending on the court of competent jurisdiction. Look up arbitary and suggestive trademarks to give an idea or so. If you find a dictionary, and an "authoritative" one at that, defining proxify as a verb for proxy, do let people know.
Upsideout didn't make this word up. If you look into CGI-proxy in notepad you will clearly see the words "proxify" threwout the script as perl variables. Look at the release from 2001 Here The compressed files are dated by apache. Open it and look. If anyone made it up it was Jmarshal who made up the word. Hell, upsideout's proxify.com site uses cgi-proxy. They probably got the word from the script itself and decided to Trademark it in according to this in july 2005, 4 years after the fact the word was already being used by Jmarshal in his script. Also, 2005 Adbullah identifies in his phproxy script "proxify" as some php variables. http://sourceforge.net/project/showfiles.php?group_id=110693&package_id=119742 I think you can safely say they are not the creator of this word.
Hi There I am new here at digital point just to let yeah guys know This morning I woke up to an interesting email from proxify.com Since I own proxifysurf.com and proxifysurf.info he wants me to give him these domains for free. I replied back and said I will sell you .info for $500 USD. I am wondering if this guy will like sue me or something because I own these domain with the word proxify. Can you really have rights to a word or not Please reply
You have already fucked yourself. You did the one thing you never want to do, namely, offer the offending domain name to the trademark owner for a highly inflated value. As for your question about having rights to exclusive use of a word - perhaps you should read this thread instead of just posting in it?
Lol well its a good thing I didn't send him an E-Mail, I was going to but didn't. What should I just give him the domain or what should I do just keep it?
You could give them the domain name freely. Or if you don't relish that idea, then have it deleted. One thing's for sure: you won't get a dime from him.
They have no right to threaten you. You have the free will make any website as u like. If you make proxify.net they can't do anything. Tell them to shove it.