So about 30mins ago I got this email: Yea basically once I read it I fell off my chair. OOhh nooooz I registered proxifiers. Pleaz pleaz don't sue me. Yea so it's a pretty stupid email and damm rude must I say. First off I registered the domain a year ago and I basically can't control it. Second off I don't even live in the US so what are they gonna do. Get the FBI on me over a $8 domain? So I want to reply to them but I basically want to say shove it up yours in a professional manner. All help is appreciated
To be honest, I dont see HOW they can make claims to a domain like "proxifier" thats sitting parked, when they own PROXIFY. I think its just a ploy to get a free domain.
The domain is registered thru and hosted with a US registrar and you were apparently violating their trademark by displaying "proxy" ads. Their non-cost remedies are to contact your registrar to get the private WHOIS removed and contact your registrar or host to try to get the site shut down. Their more expensive remedy is to pay $1500 and launch a UDRP complaint with ICANN that will, under the circumstances, most likely result in them gaining ownership of the domain. You can give it to them or hang on to it - but won't be able to use it for anything related to proxies. Unless you can find a non-proxy use for it that can generate revenue there would be little point in holding on and renewing it. I doubt they will pay $1500 to take it back - if you stop proxy related activities. If it was me I'd plead ignorance, offer a sincere apology, stop all proxy related uses, but stop short of giving it to them. Tell them you'll let it expire. Otherwise ignore them but still stop all proxy related ads & uses...and turn it into a site about...ummm... kittens? BTW: IANAL.
The site isnt even proxy related. Its just sitting parked. Proxify admin are just being jerks and trying to see what they can get away with
Oh goody, this again. Just do a search, this exact topic has come up so many times. All the usual idiots with nothing to lose will be giving you really bad advice. You said it already. Over an $8 dollar parked domain you are about to risk losing much more. Good luck. You bought a name that infringes, deal with it.
If the OP's domain name is a .com, the authoritative Registry is in the U.S. It trumps over any registrar anytime when it comes to trademark infringement.
Sorry but... http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77028653 http://tess2.uspto.gov/bin/showfield?f=doc&state=2f2um9.2.1 They have their ass covered. If they see fit, they can and will simply take it from you. Nigel I had to trademark something recently, if they are "first use in commerce" they likely didn't even have to actually register it with the PTO. It certainly helps them though as it is now a registered trademark. Other sites using the someone else's brand is very serious business as what you do can effect them. Edit: hmm. search expired. You can view the trademark by searching here http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=su1qf7.1.1
lol ... to much talk for nothing if you hang on to the domain and tell them to shove it (professionally or not) I'll buy proxifysucks.com and you can feel free to tell them to come after me to let them spend all that money on trying to get the domain from you ... so what if they take it ... at least you didn't bend over I've got tons of bullshit cease and desist emails like yours (microsoft, yahoo, etc...) ... the most recent one was from myspace about a domain I own that breaches their trademark by using the word 'myspace' with out a license -- obviously I told them to go scam somebody else (just like that ... I was rude and totally unprofessional ) ... I wasn't about to hand over a PR4 domain and months of hard work for nothing ... fast forward a couple of weeks later ... the domain's still mine and I haven't heard from them since. You can't stop rock & roll baby! PS: Mind you, I wouldn't suggest being rude to them unless you're 100% sure you're not going to get in trouble (which in this case I don't think you will -- but best just make sure); I have legal council which I consult before flipping the electronic bird
Maybe they've already filed a dispute for it since then, or they figured it isn't worth it. Who knows? Thing is, Vort, you can't use a domain name to infringe someone's trademark, especially if used commercially. But if you don't care about their rights, then don't be disappointed if they don't care about yours either. It may cost some people money to file a dispute or so. But for some, it's all in the principle.
Meh guess what, the domain expired 2 days ago and I can't get it back so it's Domainsite's problem now, not mine
In that case, here's your "professional manner" response: "Dear Sir, The domain name has expired and won't be renewed. Thanks. Matsta" Sweet and simple.