Domain copyrighting Please read & help

i have got this mail

Re: American Express Company’s Objection to Registration of amextraders.com

(Our Reference 308637)



Dear Mr. Husain:



We represent the American Express Company in matters involving trademarks and unfair competition. It has come to our attention that you have registered the domain name amextraders.com with Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com, and are using the URL in connection with a website offering trading services and manufacturing products such as crushed bones, garments etc.



Please be advised that our client is the owner of a federal trademark registration for AMEX, specifically Registration No. 1,161,278 registered on July 14, 1981. American Express began using the AMEX mark in 1969, and has continuously and extensively used and advertised its AMEX trademark since that time, making the AMEX mark famous in the United States and worldwide. As such, the AMEX trademark is a valuable asset of our client, one it will take all reasonable steps to protect.



Unauthorized registration and/or use of AMEX and amextraders.com is likely to cause confusion, mistake, or to deceive the public and is a violation of our client’s federally-protected rights under 15 U.S.C. §§ 1114 and 1125. Indeed, the registration of amextraders.com appears to be clearly intended to falsely create the impression that American Express is the owner of or associated with this domain name. Further, misuse of our client’s famous mark for commercial gain is further evidence of your bad faith use and infringement of our client’s mark.



Additionally, under 15 U.S.C. §1125(d) a domain name registrant is liable in a civil action if the registrant of the domain name has a bad faith intent to profit from registration of the trademark as a domain name and registers, traffics in, or uses a domain name that is identical or confusingly similar to another party’s trademark or dilutes a famous trademark. Further, the trademark owner can recover damages of $1000 to $100,000 per domain name registration.



Your registration of the amextraders.com domain name with constructive knowledge of our client’s famous AMEX mark constitutes bad faith use of the domain name. In the ICANN STOP decision of American Express Company v. Swarthmore Associates, LLC, FA0204000110759 (NAF July 10, 2002), the panel held that the domain name owner registered the domain name in bad faith due to its constructive knowledge of the American Express Company’s AMEX trademark and found that “there is possibility, even probability, of confusion.” Accordingly, your mere registration of the amextraders.com domain name is actionable under the Uniform Dispute Resolution Policy and no further use of the domain name is even necessary for our client to bring an ICANN complaint against you at this time.



We request that within 10 days the amextraders.com domain name registration be expressly withdrawn from Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com, and that you cease and desist all current and future use of amextraders.com, or anything else confusingly similar thereto, in connection with a domain name or in any other manner. We look forward to hearing from you within 10 days so that this matter can be resolved. Should you have any questions, please contact the undersigned.



Very truly yours,



Anne E. Naffziger

LEYDIG, VOIT & MAYER, LTD.

1420 Fifth Avenue, Suite 3670

Seattle, Washington 98101

206-428-3102 (direct phone)

312-616-5700 (fax)



www.leydig.com

What should i do please reply ASAP.

 

I'm not sure where you stand legally on this, you would need advice from a solicitor.

However the main thing to consider, is that if you did want to fight it, could you afford a battle through the courts against a company this size?

 

Would they not need to lodge their case with the Indian courts if they wished to take legal action against an Indian citizen and resident?
They also made a statement about your intention in registering a name with amex-. Can you justify the name as having some other special significance? E.g. in your own culture or language.

You could also offer to sell it to them for a fair price if they are that keen to own it, yet lacked the foresight to register it themselves in the first place.

 

Thanks for you all.

this is what i got from another member of this forum
He is genius , he told me to reply them as below





Thank you for your letter.

Amex Traders is in the business of selling products made from animal bones. I am not familiar with your client "American Express", but some research online has led me to the conclusion they they are in the financial services business.

As I am sure you are aware, trademark law protects trademarks in the case where there is grounds for confusion. Perhaps a century ago, when animal bones were still used as currency in some parts of the world, we would be having a different conversation, but in the year 2009 I can think of fewer businesses which have less overlap and potential for brand confusion than animal bone products and financial services.

I also remind you that our website and other marketing materials make no use of anything similar to the name "American Express", or to any of American Express' brand collateral. It beggars belief and is frankly insulting to read your insinuation that there is some form of bad faith at work here. Our company's name has nothing to do with your client's, was not inspired by theirs or intended to evoke it in any way, as would be quite clear to any reasonable observer. We will continue to use the name for our animal bone product web site, and have no interest in relinquishing it or selling it to you or anyone else.

In the meantime I am referring your threat letter to chillingeffects.org where I expect it will find a welcome reception.

 

While the case is somewhat different, this might help...

http://www.craftster.org/forum/index.php?topic=148194.0 - first post contains a number of useful links

http://www.chillingeffects.org/ - site by a group of lawyers and others discussing similar cases and assisting the accused in determining if they are being scammed by an unrelated third party

I think the above mainly focuses on US law but since your "victim" is US-based it might apply.

You might want to ask a moderator to move this to the legal forum as you have posted in the copywriting section which deals with writing issues and not legal ones.

 

This belongs in the legal issues forum, NOT the copywriting forum. They are two separate things entirely, and had you read the sticky posted prominently at the top of the page you would have realized this.

 

Where are you the laws differ by place? For the most part unless you are using it "in bad faith" as quoted from them and the law you are fine. So if you make the site violate their copyright (like use their logo) or if you make it say stuff like they suck then they can. If you use it for you they can't. You should sell them the domain. They are trying to scare you. Also if you want to be 100% safe make a disclamer at the bottem that you are not affilated with them

 

You should never again give legal advice - or advice on anything you know absolutely nothing about.

 

Offering the domain for sale to a trademark holder has consistently been upheld as a priori evidence of bad faith. I would not recommend trying that.

 

Pick up a different domain name, move your content and advise them of these actions... if the request the domain name to be transferred to them... do that as well.

Avoid using AMEX in your website content as well.