A company sent me notice to send my domain due to infringements. Read and suggest

Hi Dper's!
I run a simple WP blog:www.bingospelpunt.nl from last 2 years. A company sent me legal notice to surrender my domain due to copyright infringements they believe. Company website is: www.spelpunt.nl
I can see i am not using any other TLD's domain but quite a different name. And i am not even running my website to spoil their business at all. Please read the below letter i received today and suggest me what should be appropriate to do now. I don't to be in any trouble. Cant i even ask a pricing for my blog if they want to take it?

 

Keeping in mind I am not a lawyer and certainly no even less about IP law in the Netherlands...

Given the sites are demographically similar you have some issues. There is a chance of brand dilution here. Despite the fact that your site appears to basically just sit there, its not entirely unfair to suggest a "moron in a hurray" could assume the sites are somehow associated.

There is very little on this earth that infuriates me more than companies dropping 300+ dollars to have some rube in a suit send you threatening legal bluster. However, in this case, it actually came across as fairly reasonable.

At the end of the day... I cant imagine a scenario in which trying to litigate this is at all useful.

IP law is not fleshed out in traffic court. Its crazy expensive even if you are entirely in the right.

Nigel

 

If you are using a registered trademark in your domain name, then you have no choice: you have to hand it over to the owner of the trademark.

 

I've never read up on .nl's equivalent of UDRP, but asking for some money would typically be a very bad idea. If you are indeed infringing, best settle this manner in as friendly way as possible and not provoke them into taking things further.

However, it's best to consist a lawyer in your country who is familiar with such matters.

 

What gets me is that an attorney would charge a larger fee than them simply picking up the phone and making contact with you first. Even if they get the domain, they would have paid more in attorney costs than offering you $200 - (example price)

 

Hi all,
Well finally company settled down with me offering $600 for that domain. Thank you all for valuable suggestions.

 

that was really nice of them, which they did not have to do...what are they going to do
offer money to anyone with xxxspelpunt.nl - oh well, as long as it worked out...

 

Not kind of that. My website is around 3 years aged and they know i have been making money with that. My site has a significant web presence for many keywords, it is what got it worth. They cannot pay for anything neither they will ever as they explained me to go direct with legal action.

 

What sounds funny to me, you are not gonna buy all .TLD and still claiming t to be yours. How come?

 

i think what dscur meant was, you can now run out, and buy another name that is similar and has their trademark in the domain name, and ask them for another $600.

 

You have to work hard afterthen to get it that good web presence and that is how it come to their eyes. And this hard work worth more than $600, i guess.

 

I disregard everything sent to me via email. Companies who are going to take legal action against you will take the action to track you down and serve you in person.

 

no they don't.

 

What do you mean no they don't? YES they do. If you are going to be sued they must track you down to serve you. You can't sue somebody without knowing how to serve them. And the legal system doesn't allow you to legally serve someone via email, twitter, or facebook lol

To OP: You have nothing to worry about. I receive a legal threat via email once a month and nothing has ever come of it.

 

That is not true. I have represented clients who were served via email in a Federal lawsuit over a domain name. They also got an injunction freezing the name before my client was even served via email.

 

You can't be served legal documents via email! The court CANNOT issue you a notice to appear via email.

If you are trying to suggest you are a lawyer by saying "I have represented clients" then you would know better.... *rolls eyes*. All you can do is contact someone via email to ask them to comply. But there is no proof of receipt.

CPLR § 306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause

CPLR § 312-a Personal service by mail
(a) Service
(b) Completion of service and time to answer


CPLR § 301 Jurisdiction over persons, property, or status

CPLR § 302 Personal Jurisdiction by acts of non-domiciliaries


CPLR § 308 Personal service upon a natural person
(4) Nail and Mail

CPLR R. 305 Summons; supplemental summons, amendment

 

While I want to agree with you as most times email is spam and scams, but as browntwn is a lawyer, it makes sense they might have more insight and experience on this then the rest of us.

 

You cannot serve someone a notice to appear via email. Lawyers should know this. In fact, common sense should. Go look in to the law. Do a simple search.

 

I've had lots of emails similar to this in the past, most are just fraudulent attempts and will definitely not get a reply!

Just a few weeks ago I got one threatening this and that, on a domain I let drop 3 years ago!

 

I am an attorney and have been for over 20 years. As I said, I have personally represented clients who were served via email. It was 6 years or so ago, but it can and most certainly does happen, especially in the domain trademark area. I posted about it here back in 2007:

I stand by my post as it is both true and accurate. So why it is that anyone should believe you on this - are you a lawyer or just playing one online?

Why are you citing random NY state law to try and show I was wrong to warn that one can be sued in Federal Court and served via email?

But, even if we were talking New York state law, here are just two quick examples where New York courts have authorized service of process via email.

http://www.kentlaw.edu/perritt/courses/civpro/ny-approve-svc-by-email.htm
http://www.law.com/jsp/law/international/LawArticleIntl.jsp?id=1202598399987&slreturn=20131026225353

So, it took all of 5 minutes to not only show I am right about Federal Court but to show that your statement, "You can't be served legal documents via email" is total bullshit.