Me threatened too ! Me too ! Woo Hoo

Got an email asking me to remove my site and transfer domain name to a company which has similar .com name.

Read Below

Our client has been trading under the names “Domain Name” and
“DomainName.com” via a website at that domain since January 1999. It
offers a respectable xxxxxx service for xxxxxxx. Our client is a major player in
xxxxxx and currently has over xxxxx members. Our client spent
approximately xxxx on marketing its brand during the period
xxxx including national TV and radio advertising campaigns and
extensive promotion on internet search engines and other websites as well as
in newspapers and magazines and on posters.

Our client has two registered UK trade marks namely no xxxxx dated xxx for a series of device / word marks for DomainName.COM in class xx
and no xxxx dated xxxx for a series of word marks
“DomainName”, “Domain Name”, “Domain name”, “domainname”. Our client also has common law rights (and/or under
company name / unfair competition law or equivalent) in the names xxxx and xxxx deriving from its extensive use outlined above.

It has recently come to our attention that you registered the Domain Name
which is confusingly similar to our client’s trade mark.

The Domain Name is being used for a website (“the Website”) which provides
xxxxx which competes with our client.

The purpose of such behaviour can only have been to divert, confuse and
profit from our client’s customers and/or potential customers. Such use of
the Domain Name constitutes trade mark infringement and passing-off (and/or
breach of company name / unfair competition law or equivalent). You have no
rights or legitimate interests in the Domain Name which has been registered
and is being used in bad faith.

We require that you (1) immediately transfer the Domain Name to our client
and refrain from taking any other steps resulting in a change of the
registrant of the Domain Name; (2) immediately remove the Website; and (3)
refrain from ever again using any of our client’s trade marks in a domain
name or from otherwise infringing their rights.

Should we fail to receive confirmation of compliance with the above by close
of business within seven days from today’s date, our client will have no
alternative but to institute legal proceedings against all entities and
individuals concerned including an application for an injunction and for
payment of damages and legal costs and / or file a complaint under ICANN's
Uniform Dispute Resolution Policy seeking transfer to it of the Domain Name.


I didnt even know this site existed and I couldnt give a rats arse about them.

It sounds legit and I feel like I should give in to them. But that will mean I lose my domain registration fee....hehehe

Any opinions ?

I then recieved an email and an official letter all the way from England to my house.

Read Below

Dear Sirs

xxxxxx (“the Domain Name”)

We refer to our email of 18 April (copy attached) and are surprised that we
have had no response. We take it from this that you admit everything which
we said in our communication.

We are now instructed to initiate formal legal action against all
individuals and entities involved in the infringements without further
notice unless we receive a satisfactory response within 7 days from today ie
by 16 April 2007.

Yours faithfully

I like the part where they say I admit to everything they claim as I have not responded.

Maybe its time to just give the the domain name.....

 

Some people believe the sky is falling and still try to prove that.

Just be ready to respond to any filed dispute.

 

Anyone know where I can check to see if their claims are true (how they filed for registered UK trade marks)

cheers

 

Hi,

Based on the first letter they sent you, which states "Our client has two registered UK trade marks" then there is not really that much they can do as you reside in the US. UK trade marks are only protected in the UK unless they are registered with the World Intellectual Property Organisation.

But as I said, the first letter quite clearly states "UK trade marks".

You can use the following web site to obtain more information, including searching for trade marks, etc: http://www.ipo.gov.uk/tm.htm

HTH

 

Thanks Silkysmooth...will have a read.

I am in Oz actually.