I got a threat to get sued for cybersquatting. how bad is it?

Hi,

I have a bunch of domains (around 300 ) on different topics from adult to space travel.
Not to let my domains to stand around I parked some of them. On some I put lending pages.

Yesterday I got the email from a lawyer of the one of world's largest manufacturers of toys MATTEL, saying that I dilute BARBIE (this word was part of the domain) trademark violated 15 U.S.C 1125 and violates anticybersquatting consumer act of 1999 15 U.S.C 1125(d).Violation of this act may result in liability for statutory damages of up to $100,000 as well as attorneys fees

Can they really sue me on $100,000?

Please advice

 

They can if "barbie" is their registered trademark, and it probably is.
You`re currently not profiting from this domain if its parked, so maybe it will be hard to get that 100.000 from you but they still can sue.

Try to sell them the domain or arrange some kind of settlement.

 

Depends on the other part. If it refers to dolls, surely they can. If it doesn't, you're safe. After all, it's just a nickname, isn't it?

 

Give it to them and you're safe.

 

Or just Tell them you are planning to buy MATTEL

No...but really just give it to them

 

Looking around I can only find two major themes for the word barbie -- the doll, whether sociological or toys -- and the man, Klaus Barbie, the Butcher of Lyon.

Using the word in a site aimed at sex will likely get you into a world of trouble because that is seen as something which would attract children.

I am sure not you, but most people would want to own the name because of the association with the doll and the chance children will accidentally land on the site and click out through ads when they realize it is not really about the doll. They might even want to cash in with Mattel. It seems to me those become important issues in Mattel's pursuit. Therefore, I agree with sundaybrew, let it go.

 

If you don't want to keep it, sell it to someone else
BTW, I don't think Mattel cares about children...

 

What the stupid lawyers fail to realize,and I will educate you on, is that trademarks are to protect the consumer... NOT THE COMPANY... If your site is trying to sell dolls, and call them Barbies, well your up the creek... If your site is a parady of Barbie, your are good... If your site is any other subject, then your good... It's just a threat... Just make sure you don't have any material belonging to MATTEL on the site...

 

Trademarks are not to protect the consumer, but protect the trademark holders rights to the mark and goodwill they have established. Your advice is also not correct on a parody site - it depends on the specific domain name AND content of the site and whether or not the site is commercial (takes in any revenue). You can't register "barbiesdollhouse.com" and then put unrelated content on the site - the name alone is enough to cause confusion to the consumer (trick them into visiting the site by trading on the goodwill Mattel has established). Mattel is known to be extremely protective of their trademark and doesn't hesitate to file lawsuits. Do you really want to spend $30K or more defending a parked domain on principal? Even if you win, you aren't going to get your legal fees.

 

Definintion

 

Give them the domain ASAP. Don't even think about selling it to them, it's not worth the risk.

 

that is what I did, but their lawyer have sent me the email saying that I have to realize that the fact I will give the domain will not close the matter and she added the Mattel is seeking damages.. I have checked I have not made even one cent from that landing page. And cybersquatting is when you use others website for your own gain right?

 

Can they sue you? Yes.

Could they recover if they did sue you? Maybe, maybe not.

The big question: If you did get sued, could you afford a lawyer (probably charging at least $200 an hour) to defend you?

If the answer is no, just give in to Mattel's demands. The domain is probably not worth much anyway.

 

the domain definitely does not worth it..

the landing page i have put on the domain had adult content.. so does not have to do anything with MATTEL and their products.. would it make the case worse?

 

Disclaimer: Not a lawyer and this isn't legal advice.

Yes, adult content does make it worse -- you're hurting their brand by associating Barbie with porn. That's probably why they targeted you in the first place.

 

how bad it can be?

 

Can you afford a lawyer to defend you if you are sued?

If yes, you're spending $200/hr on legal fees if you get sued, and you still might lose. And even if you "win" you're still out thousands of dollars.

If no, and you don't reach a settlement with Mattel, they may sue you, you don't defend yourself, and Mattel wins a default judgment against you, likely getting everything it asked for.

Just reach an agreement with them and make this thing go away. It's not worth it.

 

1. Where do you live?
If not in the US, you have little risk if you turn over the domain, make no other statements. They will have no reason to pursue you.

That is the key question if to help determine your risk.

 

What are you doing here??? Go talk to some lawyer, ask them for advice...
You probably should have done that before giving the domain, or replying to their threat in the first place...

 

From what I heard Mattel is one of those companies that aggressively protect their trademark i.e. Barbie. They're so good at it I believe they won every single case.