Amazon threatens legal action

Discussion in 'Legal Issues' started by retroaugogo, Oct 26, 2007.

  1. #1
    Received this from Amazon.

    What would you do?



    Dear Sir or Madam

    My name is David .... and I represent the intellectual property
    group for
    Amazon.com, Inc. One of my jobs is protecting the valuable
    brand
    that we
    have created in the mark Amazon.com. We've spent millions of
    dollars
    building the Amazon.com brand to a point where it is recognized

    throughout
    the world. Protecting this brand is not an easy task and one
    that we
    take
    very seriously. One aspect of our brand protection program is
    that
    we
    actively pursue all people who infringe or dilute the value of
    our
    trademarks.

    This e-mail may therefore come as no surprise to you. It has
    come to
    our
    attention that you have registered the name AMAZON......INFO as
    a
    domain name
    for a website used in a manner that implies an association
    between
    your
    website and Amazon.com. We believe your registration and use of
    the
    AMAZON....INFO domain violates a number of laws that protect
    trademark
    owners, including the Anticybersquatting Consumer Protection
    Act and
    Federal
    Trademark Dilution Act. And while we rarely have to resort to
    pursuing
    remedies under these laws, we have and will in order to prevent

    further
    misuse of our brand.

    Rather than resorting to legal processes, however, we would
    like to
    offer
    you an opportunity to quickly settle this matter. We will
    consider
    the
    matter resolved if you agree to transfer ownership of the
    domain to
    Amazon.com and to take the necessary steps to complete the
    transfer.
    If you
    complete the transfer in a timely fashion and agree to not
    register
    any
    domains containing Amazon's trademarks or misspellings in the
    future, we
    will reimburse you for the amount that the registrar initially
    charged you
    to register the domain.

    Please respond to this e-mail by 25 October 2007 to indicate
    whether
    you
    would like to settle this matter in accordance with the above
    offer.
    If you
    agree to the transfer, we will provide you appropriate
    instructions
    about
    how to complete the transfer. If we do not hear from you by
    this
    date, we
    will take those further steps that we believe are necessary to
    protect our
    rights.

    Thank you for your prompt attention to this matter.


    Sincerely,

    David......
    Amazon Hostmaster
     
    retroaugogo, Oct 26, 2007 IP
  2. craigedmonds

    craigedmonds Notable Member

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    #2
    Depending on how valuable this domain is to you, I would wait for the registered letter to come through by registered post.

    Thats what they mean by "we will take those further steps that we believe are necessary to protect our rights"

    In order to take action against you to get your domain they will have to file a WIPO action against you which costs a couple of grand at least and you will have to be legally informed about the action against you.

    When it gets to that, just hand the domain over.

    They will always try it the cheap way by sending you a scary email in the hope you will cave in and just hand over the domain. (surprisingly in many cases it work!)

    Sometimes, just becasue a company "says" that it has the legal right over a domain or phrase, does not mean its true.

    I had a huge real estate company here in Spain try to intimidate me by sending ruffians over to my office telling me I could "dissapear overnight" if I dont hand the domain name over. I was kacking my pants at the time but after speaking to my lawyer who did a trademark search in Spain for their company name name it appeared they had not even registered it. (these guys turn over 100 million plus per year so go figure).

    Yeah, ok, Amazon is not your little real estate company but the possibility that its got a trademark class on the phrase "AMAZON" in your country is pretty high, so maybe not a great idea to mess about with them.....but only take it seriously when you get a registered letter from their lawyers.....emails mean nothing.

    If the domain is valuable enough to keep then its worth spending a couple of hundred bucks doing a trademark search IN YOUR COUNTRY, if not just give it to them.
     
    craigedmonds, Oct 26, 2007 IP
  3. fathom

    fathom Well-Known Member

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    #3
    fathom, Oct 26, 2007 IP
  4. retroaugogo

    retroaugogo Peon

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    #4
    I bought the domain with a site for $20 a couple of months ago, so no I didn't register it.

    Always thought it was a bit of a lousy name anyway so i was going to replace it with something more booky but never got around to it.When it was up for renewal I would have let it go.

    Get's my back up when the big boys get bullying though.
    I live in Oz so it's a long distance to chase me.

    Was just wondering what others thought.
     
    retroaugogo, Oct 26, 2007 IP
  5. craigedmonds

    craigedmonds Notable Member

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    #5
    :confused:

    ummm...amazon.info is actually owned by Amazon.com

    http://whois.webhosting.info/amazon.info

    This is why we have lawyers, because people simply assume they know everything.

    retroaugogo: I hope there is a green rep comain my way!
     
    craigedmonds, Oct 26, 2007 IP
  6. laserfink

    laserfink Active Member

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    #6
    its a worry , for sure ... with these things the danger is always "damages" to their reputation .but its a long road as to wether , they would be entitled to anything ...although having big lawyers they may well try and bully you.

    I reckon theres nothing to stop you selling it on before any hassle relly starts ? is there ? i kninda guess they wouldnt bother chasing you for selling it on

    PAUL
     
    laserfink, Oct 26, 2007 IP
  7. retroaugogo

    retroaugogo Peon

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    #7
    I laid some green on you Craig.

    The guy obviously spends his time trawling the net for this stuff hence the reason I didn't put his full name and the full name of my site.

    It's hardly an alternative to Amazon.Just a twopenny affiliate site that I link to.
     
    retroaugogo, Oct 26, 2007 IP
  8. TechEvangelist

    TechEvangelist Guest

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    #8
    If you have an Amazon.com related web site and use the word Amazon in the name, you are screwed. Just give it up and migrate to another domain name.

    If your site focuses on something entirely different than Amazon.com, such as the Amazon rainforest, you may have an argument to keep the name.

    "It has come to our attention that you have registered the name AMAZON......INFO as a domain name for a website used in a manner that implies an association between your website and Amazon.com."

    Sounds like the first scenario applies. You can fight them, but you will lose. If they take it to ICANN, the name will be theirs.
     
    TechEvangelist, Oct 26, 2007 IP
  9. fathom

    fathom Well-Known Member

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    #9
    Distance isn't a factor - they can reach you through WIPO and can instruct the registrar to take control of the domain during the dispute.
     
    fathom, Oct 26, 2007 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    In case you haven't read, Microsoft has already filed suit against some people
    whose domain names infringe their trademarks without sending C&Ds. Others
    are starting to follow suit, even though it's a costly venture with little to no
    monetary gains that they can make up for through their commercial success.

    Trademark holders don't have to file UDRPs to resolve that if they then decide
    to sue in court. And neither are they required to even send C&Ds in the first
    place, even though doing that can possibly solve the problem without going to
    court or UDRP.
     
    Dave Zan, Oct 27, 2007 IP