I made my domain (http:/ /proxify - me . info/ 2 days ago. Today i recieved this mail, can anyone tell me if this is legit? 1. Dear Sander *********, 2. 3. I am president of UpsideOut, Inc. D.B.A. Proxify (the "Company"), the 4. owner of federal, state and common law rights in and to the service 5. mark PROXIFY (the "PROXIFY Mark"). In addition to its rights under 6. common law, the Company enjoys full statutory protection of its 7. valuable rights in the PROXIFY Mark under both state and federal law 8. and vigorously protects and defends those rights. The PROXIFY Mark is 9. registered on the Principal Register in the United States Patent and 10. Trademark Office (the "PTO") and assigned Registration Number 3138482. 11. The PROXIFY Mark is registered in connection with "providing anonymous 12. transmission and delivery of information over global computer 13. networks" in International Class 38. The Company began using the 14. PROXIFY Mark on April 14, 2003, and since that time has actively and 15. continuously used the mark in connection with its business and 16. services. The Company has made substantial investment in developing, 17. providing and promoting its services under the PROXIFY Mark. As a 18. result, the PROXIFY Mark is widely known and embodies substantial and 19. valuable goodwill. 20. 21. The Company is extremely concerned about and objects to your 22. unauthorized use of PROXIFY-ME in connection with the domain name 23. "proxify-me.info" (the "Domain Name") and its corresponding website. 24. Inasmuch as the Domain Name incorporates the entire PROXIFY Mark, it 25. is confusingly similar to the PROXIFY Mark. In addition, the services 26. provided on or through your website are similar to the services we 27. provide in connection with the PROXIFY Mark increasing the likelihood 28. of confusion between your site and the PROXIFY Mark. Accordingly, any 29. display or use that you make of PROXIFY-ME or any other variations of 30. the PROXIFY Mark in connection with your website infringes the 31. Company's rights in the PROXIFY Mark and constitutes, among other 32. things, service mark infringement, passing off and dilution in 33. violation of the Lanham Act and other applicable federal, state and 34. common law. 35. 36. We hereby demand that you immediately cease and desist any and all use 37. of PROXIFY-ME and any other service marks, trademarks or names 38. confusingly similar to the PROXIFY Mark in connection with your 39. website. In addition, we hereby demand that you immediately transfer 40. to the Company all rights that you have to the Domain Name. Attached 41. to this letter are instructions for effecting the transfer of the 42. Domain Name to the Company. 43. 44. We look forward to your written confirmation by no later than March 45. 21, 2008 that you will resolve this matter as requested. Your prompt 46. attention and response to this matter will prevent the need for 47. further action. If you take all steps necessary to transfer the Domain 48. Name to the Company and cease and desist immediately from any further 49. illegal use of the PROXIFY Mark or other names confusingly similar to 50. the PROXIFY Mark and settle this matter now, you may save yourself 51. damages from the date of this notice. We do not withdraw or waive any 52. of the damages, rights or remedies which may be available by reason of 53. your conduct to date, and all such rights and remedies are expressly 54. reserved. 55. 56. Sincerely, 57. 58. Justin Schlecter, President 59. UpsideOut, Inc. D.B.A. Proxify 60. 1-877-PROXIFY 61. 62. 63. 64. INSTRUCTIONS TO EFFECT TRANSFER OF DOMAIN TO UPSIDEOUT: 65. 66. 1. Login to your GoDaddy account. 67. 68. 2. Select the "proxify-me.info" domain name. 69. 70. 3. Click on the "Account Change" button and follow the on-screen 71. instructions. 72. 73. 4. Enter our contact information as follows: 74. First Name: Proxify 75. Last Name: Administrator 76. Organization: UpsideOut, Inc. D.B.A. Proxify 77. Address 1: **** 78. City: New Rochelle 79. State: New York 80. Zip Code: ***** 81. Country: United States 82. Phone: **** 83. Email: ******@proxify.*** Code (markup):
Well, it certainly looks legit - and since your domain is certainly infringing upon their trademark, they certainly have the right to sue you. You could always call the number (it's theirs) if you are in doubt.
A chap on another forum just went through something similar with this same company. It is indeed legit. The very first thing you must do is talk to an attorney. Don't wait, don't ask anymore questions - talk to an attorney! There are a numer of qualified attorneys out there with C&D experience; the important thing is to be sure they have internet law experience as well. Good luck!
Well, im from norway and im 15 years old, i just transfered the ownership to him... atleast its in the stage "changing account"... i really dont know how i can get an attorney or anything...
I still would have spoken to an attorney first. As you are in Norway, and they are clearly based in the states, their C&D may not have actually affected you. Anyway, I do wish you luck. Next time (should there ever be a next time, of course ), do talk to an attorney before taking any action. Even an online consultation with an attorney could save you from having to give up any future business endeavours. Best of luck!
It doesn't matter where you live, ICANN is a US based company and when you register a domain, you agree to their terms. They can take the domain in a WIPO action. Norway is also a member of the Madrid Protocol - which means they honor US trademarks. Consult an attorney if you have the money or can get some free advice (you would need to find a local intellectual property rights attorney), but this is a clear case of infringement that you wouldn't win. They could also sue you for treble their legal fees since they have a Federally Registered trademark. Do you want to spend tens of thousands of dollars fighting for the domain?
Ofcourse i dont, i just want to get this overwith... should i just pass them the ownership? Edit: Every1 that has a low income in norway get a free attorney. so money wouldnt be the problem, but if my father is counted we would have to pay for one... but i DO NOT want to fight over a stupid domain for 3 usd
If you can get free advice, I would take it because you could gain knowledge about trademarks so you won't get this situation again. If you have to pay, I would turn over the domain (that's what I would do).
Ok, i went onto godaddy.com and did what he said... its in a socalled "changing account" status... Hope he can see that so he dont think im not doing it :/
I wouldn't worry at all if you are transferring it. Most companies only take action as a last resort. They just want to protect their trademark (which they are legally required to do).