My domain violates a trademark domain name

Yeah, I agree. I would ignore emails, but when they start sending letters to your home address, that would be the time I start seeking a lawyer.

 

This has got to be one of the dumbest threads in DP legal section history.

People are saying don't worry about it without even knowing the domain in question. Someone offered up a response that was just plain stupid and the OP actually sent it. We see someone saying domains are "first come first served." And of course the classic "poor man's copyright" has been mentioned as the cherry on top.

 

Why not shed some light on this subject then

 

hey duddub,say something constructive or just fuck off

 

How much time and money did you spend in 24 hours?

And by the way, you were probably contacted so fast because they are looking for matches in new domain registration lists. That alone should tell you how serious they are.

 

so, if the domain was registered before the trademark is, do we win ?

 

As some lawyers I know would say, it depends.

 

With this bit of information you omitted in your original post, I'd guess that you have close to a 0% chance of prevailing when your domain name includes a registered trademark.

 

But he offered to sell it to them after being contacted. Surely, that was a wise move and helps his position? He was following advice from this very thread. How could that possibly go wrong?

This is like watching a car wreck in slow motion.

 

Was that a coincidence registering a domain name 24 hours then they asked for it? How did you invest so much time and effort in developing a 24h website?
No offense, you are not being honest with us, yourself and the company that are claiming a possible copyright identity. If that's the case, you should receive a notification by email and certified email. if you do so and from an attorney.. they usually hire what they call super lawyers in the copyright infringement matters..if it happens that your attention is to sell it to them as you expressed on your email/answer. consider the case is closed and they will get the domain by order of the judge if they really want to.

Good luck

 

And the OP will have no one but himself to blame if things don't go as advised.
Depending whose advise he'll follow.

 

I had that happen with You Rock Records. I have owned yourockradio.com for three years and I went to SchmoDaddy one day and... I'll be damned!

It turned out pretty good from my end. I suggest attempting to talk with them and see if you have any common interests. If they have funding and they like your contribution they might partner up with you. Happened to me.

And there IS such a thing as squatting on someones trademark. They can litigate you to death over it. It really depends on when they trademarked the name versus when you purchased the domain. If you bought the domain first before they registered a trademark (and I mean actually registered it, not pretend they have one) then you are good to go. You have leverage. I used mine to my advantage and it worked out fine.

And all these remarks about your dishonesty are pretty judgmental. When I registered YouRockRecords.com I had no idea that someone owned a trademark to that actual name. They did, and we are now working together.

And just because some dickhead lawyer sent you some stationary is no reason to panic. They do that all the time as an intimidation tactic to see if you will fold under pressure. Follow through with what I told you and see if there isn't some kind of agreement you can come to. You may have done it on purpose, but whatever the case, you still have possession of the property in question. It is up to them to prove that they have a claim to it. I would ride it out all the way and see what happens.

 

Just to update this thread,received payment for my domain from the company-more than just the cost,so that was the outcome

 

I hope this thread puts to bed the myth of having a domain seized.
There are legal channels that all must go through. And then, it may
be turned over as part of the legal process. Oh they may get your
host to shut down a site, but the domain is yours until a legal fight
is settled. And unless you failed to read the rules when buying a domain
thru certain outlets. Many include legalese to making the contract
to sell you the domain null and void.

Obviously paying someone for a domain straight up is a win-win for all
involved. There is no guarantee to either side what the outcome would
have been in a legal situation. Stranger things have happened.

McDonald's has lost numerous suits over McThis or McThat.

Stephen C

 

What myth?

Companies can get an injunction and freeze your name at your registrar without ever giving you notice and then sue you. Some people don't piss around with warning letters while allowing you to sell or transfer the domain name. If you are infringing and are offering the opportunity to give up your domain you might consider yourself lucky.

It is not a surprise they paid him a couple bucks, it is worth avoiding the hassle. On the other hand, most of the advice given on this topic is total shit. Most of the time the people are clearly infringing.

I certainly agree that there is no reason to just give up a domain name just because you get a letter from some lawyer. But you do need to take it seriously. You do need to evaluate the costs and benefits of trying to keep the domain name. You do need to be honest with yourself whether you are infringing. You do need to read about what to do, and not to do, before acting. You should not simply rely on a couple posts in reply to a question on DP legal. You might get lucky and get a good answer but more than likely some moron will give you his guess which many times is actually harmful advice that if followed puts you in a worse position.

 

I told ya. Happened in my case too. I could have gotten money straight up. I opted for a joint venture.

Sometimes it is purely an innocent purchase and if you "infringed" it was without malice or intent. The burden of proof is with the supposed trademark holder, so all this unnecessary anger about the subject is really a waste of effort.

 

I could have probably asked for more money and got it,or i could have been told to get fucked,never know now,but all in all it was ok in the end

 

There is still a legal process that must be followed through.

They cannot take your domain without filing a complaint and going through all the channels.

In fact, as soon as a dispute is put in place, your domain is frozen where it is for at least 15 days.

They cannot just up and take your domain without a legal process through ICANN or a court of law. The myth I'm talking about is that people seem to think that all a company has to do is just say the word and take it.

Stephen C

 

Really, I have never seen anyone say that a company can just magically take your domain without going through some procedure. Feel free to point out where anyone has said that someone can just "take your domain", I would be curious to see it and why you think people believe in this myth.

 

Hi,
Does anyone know of a trademark lawyer? I need to do a standard character trademark right now. I don't have the filing fee money right now to be able to file online. It is $325
Thanks,
D