It might be unprofessional for some. But unless the relevant jurisdiction does compel it, sending a C&D via postal mail is not a requirement. If trademark laws are eerily similar to those in the US, then the same applies: a "formal" registration is not required either to demonstrate trademark rights. And that's a big if. In any case, hopefully the one you're going to seek legal advice from knows a thing about this stuff. Good luck trying to resolve this dispute. Personally, I ain't optimistic, especially if they find your posts here.
Hmm.....I had this thought later after replying. Sounds weird but still thought of posting. Are you sure it's the company who sent you the mail and not someone else? What if someone whats that domain and is trying to get it cheap this way. Just verify the sender and see if it was really sent by the co.
Can you share the actual domain name? If in fact it is a general/slang term and not a specific product from them, then you might stand a chance. However the fact that you haven't developed a site for the domain, and that you are trying to sell the domain will count against you in any trademark disputes.
after some more digging around this term may not be trademarked. This domain I have exactly seems not to be trademarked but it seems to be a "constituent for the trademark" So its basically a variation of the word. weird.
You said, you knew it ... probably not a wise move. Nobody is going to give big dollars for a name like that IMO, just a shed load of trouble. Firstly check and make sure that the email is genuine - I have known solicitors use email for this type of correspondence, if it is genuine, think before you make a problem for yourself. They are offering you $150 ... you might get more if you hold out as it will cost them over 10x that just to lodge a claim ... on the other hand it would be peanuts for them to make an example of you by wiping the floor with you. $150 is a reasonable return for your unwise investment.
Again, registration of a trademark is not a requirement for it to function as one if they can demonstrate common law. Trademark laws arise from common law. Are you really trying to get "advice" on how to resolve your issue or trying to convince people to your cause? If you're honestly trying to do the latter, it's not going to solve your problem.
I just contacted the number on the documents that I received, these guys are offering to pay me money via direct debit for the "expenses", she even said its very lucky they are offering any thing at all which I guess in part is ok. The girl on the phone seems pretty legit, I put forward my arguments stating that their has been money spend on back links she said she will consider extra costs. I don't think this is a scam, I explained my situation and she said the chances of Telstra taking legal action at this stage are very low at this stage.
by them offering any amount of money implies that you have a fighting chance to win = ) i would keep it
wanna know what will happen.. good luck to you. It is a big money game - fight - do not give them chance to win coz u are not fighting for 150USd but thousends of dollars! GL mate !
You must remember that not only will it take money to defend, but you will also lose revenue from future online ventures because of time lost trying to fight this court case. My vote is to throw in the towel over a domain that you have spent little effort in developing rather the hours and dollars wasted defending it.
I read a couple of those cases - earlier in the thread - - NO ONE RESPONDED to the complaintants statements. Take the money
hmm, most of the time this happen I just transfer the domain to a country where trademark laws is complicated and almost impossible to go through. Though you need someone who you can trust and hold the domain for you and they will send the the demand to that person but since the country don't really respect much of the international trademark law you can bargain the price up with them. Since they know, they rarely have any choice unless making a claim with ICANN that is