domain name take down notice

Discussion in 'Domain Names' started by starbuckser, Jun 15, 2015.

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  1. #1
    Hello,
    I got a cease and desist on my domain name NewsHollywood.com (disguised). I got the cease and desist from HollywoodNews.com (disguised).

    Essentially, in my case, the word news is in the front of the name. HollywoodNews.com was registered 5 years ago and my domain, NewsHollywood.com was registered recently.

    In the cease and desist letter, the owner of HollywoodNews.com is saying that, "the use of a similar name with similar the words juxtaposed is an effort to mislead consumers and confuse them."

    I know for a fact that Hollywood is not a brand name like Pepsi or Coke. Moreover, the HollywoodNews.com is not in any way related to Hollywood itself if it were even a possibility.

    What is the best way to respond?

    I appreciate your help
     
    starbuckser, Jun 15, 2015 IP
  2. jdwaverly

    jdwaverly Greenhorn

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    #2
    Did you check if they have a trademark on Hollywood News?
    http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4805:ui9vjz.1.1

    How important is this domain to you? How much are you willing to pay to defend it?
    Those questions determine everything.

    Common possible response is a UDRP filing. It costs them about $2000-$3000 to do that.
    Defending against one successfully may require a lawyer.

    The general rule to go by:
    Anyone can sue anyone for any reason at anytime. It takes a court to decide if the lawsuit has merit.
     
    Last edited: Jun 16, 2015
    jdwaverly, Jun 16, 2015 IP
  3. cerno

    cerno Well-Known Member

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    #3
    Check if the complaining name has a registered trademark as suggested, with simply a city name and the generic term "news" I doubt they could have registered a trademark as the phrase is so generic and utilitarian. I don't know if your real situation is this obvious, but if it were me I would probably ignore the letter and see if they actually file a complaint in court. That being said, I wouldn't invest efforts into a domain that is handicapped by a domain name where the words appear to be reversed. You should read the information about trademarks at USTPO website to understand what is a generic term and doesn't have protection as a brand name.
     
    cerno, Jul 2, 2015 IP
  4. starbuckser

    starbuckser Member

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    #4
    Yes, good point. I appreciate your response.

    And the case is so far under control. Turns out the guy is a known fraud from India, and was trying to "reverse domain hijack" me.

    Luckily, a friend knows a digital forensics expert who helped me locate this guy and all of his shady businesses. The lawyer is also ready in case it escalates.
     
    starbuckser, Jul 3, 2015 IP