Hi all, I have a legal question regarding a C&D letter I received today from a big online dvd rental company. I own a domain name that contains their name in it followed by the word "trial.com" and they want me to give it to them, threatening legal action unless I give them the transfer authorization code. What do I do? 1) The website is currently sitting idle. 2) The website is not competing with them. 3) Should I just turn over the keys? Do I have the right to asking for any money for the site? Thanks!
not competing them but is your site's content related to them? try this, let it park for awhile and see what they can offer or show them a page from sedo that you're selling the domain
Personally, since you are doing nothing with it and it is worth a couple bucks I would hand it over. That is what I would do based on what you have described. While you may have some right to use that domain if they want to fight for it, it could cost you a lot of money to defend what is not really being used or making you any money. Spend your time and energy on other domains.
You obviously can not use the domain if their brand is in the domain. regardless, tell them to go pound sand... now they want to steal your domain that you you can not use because they did not think of it first... let them sue you, and when they lose, tell your lawyer to counter sue for all legal fees. you should always seek the advice of an atty...
You should stop trying to give legal advice. Have you ever even been involved in a lawsuit and asked for your legal fees when there is no contract with a prevailing party clause? Let me guess...... NO. OP: While the website is "currently sitting idle" was it ever being used to promote something that is a similar usage? I ask, because it is pretty common for people to do a takedown of content when contacted or threatened with infringement. That doesn't remove your liability. As browntwn suggested, I would turn over the domain without asking for any money. If they decide to file suit, you will be looking and huge legals fees to keep a domain that probably has little or no value. Without knowing the domain name, it is impossible to know your legal exposure, but if it is something like "Netflixtrial.com" and you have content on it relating to their site or similar usage, you are NOT in a good legal position.
once again mjewel hits the nail on the head. if you get nvolved in legal stuff with this, you'll lose, and it will cost you a fortune.
Just adding to MJewel's excellent advice -- don't procrastinate about the letter. Having sent the C&D they are in action mode and are not just going to forget about you. Decide what you are going to do and do it before they take action. Otherwise you could find yourself the subject of a law suit and that will be very expensive.
My answer to that question is, "Yes." But I'm Canadian, and so was the DP member who tried to scam me. While the poster you are responding to is generally an idiot, I must point out that the legal fees rule depends on the jurisdiction. Most common law jurisdictions I know of (the American states being the exception) do not require a prevailing parties clause, and award attorney fees and other eligible court costs to the victor. That said, one wouldn't "counter sue" as the poster said, but simply provide a submission as to costs after the judge provides his ruling, if the parties themselves cannot agree to the costs. The rest of what the poster said was, of course, completely incorrect and pointless to even bother posting. The OP should talk to an IP lawyer, though I think I know what the lawyer will say to him.