I received a notice for Copyright infringement from www.daddycoupons.info Site dedicated to Godaddy Coupons What should I do now?
You should probably transfer the domain to them. Since you appear to be in India, I doubt they could/would file a civil claim, but they will certainly take it to a UDRP. Because your site is dedicated to GoDaddy coupons, it would be hard to claim that you are using a generic term. It's possible that you might win a UDRP dispute, but if you don't it will count against you in any future proceedings (even if they are not with GoDaddy). You can ask GoDaddy for the amount you paid for the domain registration, but that is about it.
FYI, Go Daddy indeed sends out C&Ds to "daddy" domain names showing hints of commercial use towards domain name registrations. And they have gone to UDRP as well: http://www.wipo.int/amc/en/domains/statistics/filing_party.jsp?party=C&search=go+daddy Just hand it to them. You won't likely win this one even if you persist.
i would of started by asking exactly what trademarks were being infinged upon. that sounds like a blanket explanation to me. how can they trademark the word "daddy" you could of changed the theme of the site and offered all kinds of coupons, etc...
Freewebspace , based on what you said, that your site was dedicated to godaddy coupons, then yes, they would be able - as they have done - to file a claim against you. If, on the other hand, your daddycoupons.com site was a simple, generic non godaddy specific coupon site then you would be okay. As for giving them the domain itself, I'm not a lawyer but I cannot see why you would have to do that. As I said, you could still make the site into just about anything (like coupons for father's day gifts) and not have it infringe upon godaddy's direct copyright. Godaddy cannot trademark "daddy" and thus request any site using that word that they C&D and hand it over to them. That said, I would not give them the domain without get some payment in return, or I would just turn it into something else.
Do not transfer it to them. If you have material on your site that has a purpose of producing profit from godaddy inc, services or name, then remove that content. Other then that, call their bluff.
Has anyone seen such for a "daddy" domain name that isn't showing "hints" of commercial use involving domain registrations, which Go Daddy's brand is well known for? If anyone's found them having done so for any daddy domain name that's not being used in conjunction with domain registrations, can you maybe post a link to such or so? Folks, this is not a case of a trademark holder sending out C&Ds just because they feel like it. While Go Daddy obviously has no trademark for just the word daddy only, they obviously do have a trademark for their namesake involving domain registrations that the domain name is, unfortunately, infringing. And if they captured a screenshot of what the domain name was showing at that time, changing the content will hardly change the outcome. Even if the OP doesn't give the domain name to Go Daddy, the link I posted here shows they're prepared to UDRP it if need be. The chances of them losing this are practically nil.
The C&D that he posted was not threatening & it was not condescending in any term or suggested a suit or follow up charges. It's a bluff for a "monopoly" if you will(yes I am very bias against godaddy). They are using a simple tactic to claim that his "review site" that mentioned coupons for godaddy is now within their intellectual property spectrum(being a trademarked name...otherwise look into ACPA for domain transferring and infringement cases). A screen shot is NOT ADMISSIBLE as evidence alone but rather to help to compliment / distinguish other acceptable evidence on the actues reas scale, however, it is very unlikely a screen shot or cache of a site would be accepted to help out other evidence. They would have to subpoena the hosting service for the HD that hosted his site in order to submit it as evidence.
Let's see...the .info domain name in question is registered...where? Now if you're up to a little reading: https://www.godaddy.com/gdshop/agreements.asp?ci=8924 Now the OP's desire is certainly understandable. But he nonetheless agrees to their terms even if he really doesn't, and the one above is common in various registrar agreements. Even if the domain name's not registered with Go Daddy but still shows what's showing now, the fact remains there's a US law, an administrative process, and various decisions addressing trademark holders' concerns on this matter. The first part is arguably correct (I'll let the actual licensed lawyers with real world experience debate that if they're up to it). The second isn't since they could always use the print screen command on their keyboard if the domain's still showing what it showed. If you read enough UDRP decisions as I have, you'll find that panelists accept screenshots as but one of various facts into deciding if the complainant has satisfied all 3 conditions or not. But they generally do. Go Daddy isn't as stupid as some of you tend to believe.
Actually, they can and they have (Registration number 3156369, registration date Oct, 17, 2006). Just because a word is a regular word and in high usage does not mean that it cannot be trademarked. To determine if a word can be trademarked for the intended usage, the USPTO looks at the word. If it is a dictionary word, they determine if the way the word is being used as a mark is different from the normal usage of the word. I cannot trademark the word "mother" if I am using it to describe mothers. I can trademark "daddy" if I am using it to describe domains. This is not a copyright issue. This is a trademark issue. In a domain dispute, changing the content of your website only strengthens the "bad faith" argument. The logic is that if you didn't think you were doing anything wrong, then why did you change it. As far as I have seen, changing the content of a domain after notifications have been made that a site is offending has never been a successful strategy to win. It has, however, been done in cases where the domain was transferred even though the offense was not still being comitted. Screenshots can and have been used as evidence in both UDRP and court cases. In US court, a screenshot cannot be submitted by itself without a supporting sworn affidavit (but this is true of just about any evidence in a court case). The idea that they would not be allowed because they are easily forged makes no sense. Memos, email, manuals, and faxes are all easily forged and routinely allowed as evidence (so long as they are accompanied by a sworn affidavit). A sworn affidavit is just a signed statement by a witness. As far as UDRP evidence goes, this is from a UDRP decision (see below): Copyright case using screenshot evidence Use of screenshots and live feed in US court US case involving the use of the Wayback Machine UDRP Decision The C&D was not threatening. This is not because this is some bully tactic. This is because they are a reasonable business that has been around the block a few times and is trying to preserve its case when and if they decide to pursue it. Legitimate C&D from reputable lawyers will not be threatening. Threatening tactics are used more often when the case is on shaky ground. The thought that if you can scare a person into doing what you want, you can avoid court. They have no need to be threatening, because they know that UDRP and the courts are on their side. As far as it being a bluff, GoDaddy has gone after a number of sites before. They have plenty of resources. The cost of a UDRP is nothing to them. UDRP Case 1 UDRP Case 2 UDRP Case 3 As far as this being a review site, how does one come to that conclusion. The site was dedicated to listing the coupons for GoDaddy. That would not stand up as a review site anywhere. "Here are the discount coupons for this one specific registrar whose trademark I use in my domain." I fail to see how that is a review site. That is just a simple listing a facts. That does not give one the right to use another's trademark. As for GoDaddy not suggesting a suit or follow up charges, was this line missed from the C&D? That last line about a civil claim for trademark infringement filed in federal court certainly suggests to me that they would consider a lawsuit beyond UDRP (though in truth they would probably only file a UDRP). OP: Since you have already deleted the domain, you won't be able to ask for your registration fees back. However, I would email them back and let them know what you have done. You didn't do quite what they asked, but you should be fine. Just let them know.
You can email you're transferring the domain name to them, then wait for any response from them with steps to proceed. Take this as a lesson learned. Others aren't as merciful.