.com will sue me :(

The story is when june i buy example: kw3.org and i made as amazon site, amazon auto reject my domain name then i email and they check manually with U.S. Trademark office, and did not find a trademark issue. my site approved as amazon affiliate. then today i got email from domain by proxy there kw3.com will take legal action for my domain For obvious reasons they must take every step to protect brand and market share which we have built over the past 12 years in the electronic marketplace and can not have fraudulent copycat websites stealing our business, blurring and confusing the marketplace about brand and brand recognition, and serving as an imposter <-- they call amazon as imposter . So please help me, what action should i do right now?


Thanks!

 

You've since taken the site down so it is impossible to know what possible case they have against you, but just because the other party does not have a registered trademark, it does not mean you cannot be sued. You do not need to register your trademark to have protection in the US.

 

Unless you were also using it for a radio station and in direct competition with them you have absolutely nothing to worry about.

 

Direct competition isn't necessary to establish trademark infringement. There are tests to determine whether non-competing goods infringe on a mark, too. See Interpace Corp. v. Lapp, Inc., 721 F.2d 460, 462 (3d Cir. 1983). (http://174.123.24.242/leagle/xmlRes...721F2d460_11082.xml&docbase=CSLWAR1-1950-1985).

 

Most courts generally hold to something along the lines of "the law of trademark protects trademark owners in the exclusive use of their marks when use by another would be likely to cause confusion." If, say, Indiana Bromide Mining used IBM, they might get away with it, since there's no confusion. That would appear to be your case - no confusion. But if the station has deep enough pockets, it could cost you everything you own to win.

 

thanks guys, problem solved. they buy my domain at $15K.

 

You could of got way more then that for it.

 

Maybe, maybe not. Who knows?

 

It's a good domain because of the small letters, I have seen garbage 2-3 go for 30k without a site, or even anything related to it, but I'm talking from the company, if they offered 15k for it I'm sure they would of easily doubled that offer if he would of went back and forth.

 

Have they already bought your domain if not try negotiating and get a better price. It would definetely worth more considering the tld.