Can anyone tell me if this is legit?

Discussion in 'Legal Issues' started by sander92, Mar 20, 2008.

  1. #1
    I made my domain (http:/ /proxify - me . info/ 2 days ago.
    Today i recieved this mail, can anyone tell me if this is legit?
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          Dear Sander *********,
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          I am president of UpsideOut, Inc. D.B.A. Proxify (the "Company"), the
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          owner of federal, state and common law rights in and to the service
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          mark PROXIFY (the "PROXIFY Mark"). In addition to its rights under
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          common law, the Company enjoys full statutory protection of its
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          valuable rights in the PROXIFY Mark under both state and federal law
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          and vigorously protects and defends those rights. The PROXIFY Mark is
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          registered on the Principal Register in the United States Patent and
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          Trademark Office (the "PTO") and assigned Registration Number 3138482.
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          The PROXIFY Mark is registered in connection with "providing anonymous
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          transmission and delivery of information over global computer
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          networks" in International Class 38. The Company began using the
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          PROXIFY Mark on April 14, 2003, and since that time has actively and
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          continuously used the mark in connection with its business and
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          services. The Company has made substantial investment in developing,
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          providing and promoting its services under the PROXIFY Mark. As a
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          result, the PROXIFY Mark is widely known and embodies substantial and
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          valuable goodwill.
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          The Company is extremely concerned about and objects to your
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          unauthorized use of PROXIFY-ME in connection with the domain name
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          "proxify-me.info" (the "Domain Name") and its corresponding website.
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          Inasmuch as the Domain Name incorporates the entire PROXIFY Mark, it
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          is confusingly similar to the PROXIFY Mark. In addition, the services
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          provided on or through your website are similar to the services we
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          provide in connection with the PROXIFY Mark increasing the likelihood
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          of confusion between your site and the PROXIFY Mark. Accordingly, any
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          display or use that you make of PROXIFY-ME or any other variations of
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          the PROXIFY Mark in connection with your website infringes the
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          Company's rights in the PROXIFY Mark and constitutes, among other
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          things, service mark infringement, passing off and dilution in
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          violation of the Lanham Act and other applicable federal, state and
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          common law.
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          We hereby demand that you immediately cease and desist any and all use
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          of PROXIFY-ME and any other service marks, trademarks or names
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          confusingly similar to the PROXIFY Mark in connection with your
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          website. In addition, we hereby demand that you immediately transfer
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          to the Company all rights that you have to the Domain Name. Attached
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          to this letter are instructions for effecting the transfer of the
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          Domain Name to the Company.
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          We look forward to your written confirmation by no later than March
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          21, 2008 that you will resolve this matter as requested. Your prompt
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          attention and response to this matter will prevent the need for
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          further action. If you take all steps necessary to transfer the Domain
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          Name to the Company and cease and desist immediately from any further
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          illegal use of the PROXIFY Mark or other names confusingly similar to
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          the PROXIFY Mark and settle this matter now, you may save yourself
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          damages from the date of this notice. We do not withdraw or waive any
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          of the damages, rights or remedies which may be available by reason of
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          your conduct to date, and all such rights and remedies are expressly
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          reserved.
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          Sincerely,
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          Justin Schlecter, President
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          UpsideOut, Inc. D.B.A. Proxify
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          1-877-PROXIFY
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          INSTRUCTIONS TO EFFECT TRANSFER OF DOMAIN TO UPSIDEOUT:
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          1. Login to your GoDaddy account.
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          2. Select the "proxify-me.info" domain name.
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          3. Click on the "Account Change" button and follow the on-screen
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          instructions.
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          4. Enter our contact information as follows:
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          First Name: Proxify
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          Last Name: Administrator
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          Organization: UpsideOut, Inc. D.B.A. Proxify
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          Address 1: ****
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          City: New Rochelle
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          State: New York
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          Zip Code: *****
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          Country: United States
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          Phone: ****
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          Email: ******@proxify.***
    Code (markup):

     
    sander92, Mar 20, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    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.
     
    mjewel, Mar 20, 2008 IP
  3. CoolCopy

    CoolCopy Peon

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    #3
    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!
     
    CoolCopy, Mar 20, 2008 IP
  4. Jason61991

    Jason61991 Peon

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    #4
    Are they going to reimburse you the charges for that website?
     
    Jason61991, Mar 20, 2008 IP
  5. sander92

    sander92 Peon

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    #5
    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...
     
    sander92, Mar 20, 2008 IP
  6. sander92

    sander92 Peon

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    #6
    No, i have no right to as im violating they're trademark...
     
    sander92, Mar 20, 2008 IP
  7. CoolCopy

    CoolCopy Peon

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    #7
    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
    :p), 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!
     
    CoolCopy, Mar 20, 2008 IP
  8. sander92

    sander92 Peon

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    #8
    Where can i get an attorney?
     
    sander92, Mar 20, 2008 IP
  9. mjewel

    mjewel Prominent Member

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    #9


    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?
     
    mjewel, Mar 20, 2008 IP
  10. sander92

    sander92 Peon

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    #10
    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
     
    sander92, Mar 20, 2008 IP
  11. mjewel

    mjewel Prominent Member

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    #11
    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).
     
    mjewel, Mar 20, 2008 IP
  12. sander92

    sander92 Peon

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    #12
    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 :/
     
    sander92, Mar 20, 2008 IP
  13. mjewel

    mjewel Prominent Member

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    #13
    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).
     
    mjewel, Mar 20, 2008 IP
  14. sander92

    sander92 Peon

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    #14
    Ok, you just saved me, thank you so much :) hope he responds soon so i can get this out of my head lol
     
    sander92, Mar 20, 2008 IP