Help Me Please! Donald Trump has Got after Me! Please Read ***

Changing your site after you have been notified about trademark infringement is like closing the barn door after the animals escape.

 

Not necessarily. In my case they even told me in the letter that I could change the content and be ok. However, I felt the content was different enough already, so I left it as is and was still ok.

Depends on the differences.

 

It is not clear to me that the OP is even infringing, but advising him to change the content is not good legal advice.

You are missing the whole point of the legal question. It does not matter what he changes the site into, as the legal question is asking about his intent when he registered it. Further, if the current use is infringement, changing it now, after receiving a notice, does nothing to alter the fact he already used it in an infringing manner.

 

I do agree that everything hangs on whether or not there is even an infringement occuring.

 

They won't until served with a UDRP notice or court order ordering its transfer
or cancellation. The least you can expect is to lose the domain in a UDRP, no
matter what registrar manages it.

As for the other sites bearing the word trump, Mr. Trump's lawyers will decide
by themselves whom to go after or leave alone. IMHO, though, you don't have
to do (1) and (2) as some lawyers typically make such demands one is not at
all required to agree to.

If you really want to keep the domain name, though, you might as well seek a
lawyer well-versed in these things to better tell you what to do. No forum will
authoritatively tell you what to do.

 

A billionaire has a very, VERY expensive legal team... I've never known any attorney worth there salt to send anything but corporate letterhead and registered mail (e.g. proof of notice)

This is a sham "likely" by a competitor.

That said... take no action until you get the C&D registered mail.

 

I experienced this. But I didn't budge for about 3 months. They gave me a legal printed document about the complaint. That's the time I gave them the domain.

Don't worry about it dude. If things got rough, just give the domain. Its just a domain. Provided that its legit of course.

 

Thank You Very Much Guys for the wonderful suggestions and the well though tips. What you guys have done is given me 100s of new directions to think into - it provides me with a whole new perspective.

Just to tell you guys I have given them a good thrashing with a very harsh response. I have told them that they have nothing to support that I have used Donald Trump's reputation to gain from it and secondly if they want to sue me - US laws do not apply is Pakistan - They've got to come here! Well even if they do - they'll either die in a bomb blast or even if they remain safe Domain names are not protected in Pakistani trademark laws! Also it takes about 10-12 years for a case to reach its decision and lawyer typically costs $25-$50 per hearing.

The idea is that I'll make it extremely costly for them to pursue the case - to a level where its no more worthwhile for them to go after me. And if I loose - I will simply dump the domain and get lost in the crowd. The thing is - if they make me lose my domain - I'll make them PAY for it! big time ! Don't mind getting dirty.

Also to mention that a friend working in ICANN has told me that I have a pretty good chance if they file a complain with ICANN. They have nothing much to go there way! same th8s from a lawyer in US - Just caught him at a Legal Issues forum!

The best thing that goes my way is that when you google 'cashtrump.com' you can clearly c the following tagline:

'Its ur trump card to online money making success' There's nothing about Donald Trump on the entire site - that also helps.

Best of all 36 hours after sending them a threatening email I still didn't get a reply from them. Lets c what happens!

 

Very interesting point. i am sure the email is just a form email, but interesting that they didn't name him personally since the information is readily available on the blog.

 

Interesting to note: Trump

There are multiple trademarks are the word and the ones with Donald Trump name have nothing to do with gambling, gaming, betting, or advice in making money online - so I would think they don't have any case for trademark dilution.

 

Thats right you live in your own sovereign nation with its own laws. As you mention with ICCAN thats probably the best they got. ICCAN does have authority to remove the domain from possesion since they are pretty much the central authority of the whole internet to makes sure everything is working.

 

Tell them to send a registered mail , give address of swat valley as your permanent adress and say you are great fan of Donald trump and invite him to pakistan and tell that you do not have any intention to use trump trademark , I heard he has lost most of his business .

 

Heh, they've already paid the money costs if they file a dispute and win. If,
anyway.

 

This is the coolest suggestion I have had yet. HA HA HA.

Also just to keep you updated guys I've still not had any response from their legal team in reply to my bashing email. Its been 3 days now. Hope I'm off and they're no more interested. However I have caused a fair amount of negative publicity for them in alot of forums My way of saying thank you!

Really appreciate you guys for taking the time out to help me. It was for all the suggestions from you people that I got the courage and theoratical knowledge to face them. Now even if they still pursue me - I 've got enough weaponry to face them Thanks once again. Also I will keep updating if there is some significant development. take care

 

It doesn't really matter what you claim your domain name stands for, it's still likely trademark infringement. I doubt they will sue you - they will likely not respond to you and just file a WIPO action to have the domain turned over to them. They have been very successful in the past with taking domains that have "trump" in them, including "cybertrumpcard.com." The amount of money needed to defend a trademark suit against a deep pocket makes it virtually impossible for most people to keep a domain. It would cost hundreds of thousands of dollars to see an infringement suit through the court, and most people aren't even going to pony up 10K or 20K just to initiate a defense. I wouldn't put any money into further development of your site until a significant period of time has passed to see if they are indeed going to pursue taking the domain.

 

The point where they ask you for a free transfert of your domain name is a standard thing asked by the lawyers in such case since in court it is always the case. As a lawyer specialized in domain conflicts (but only for some luxury brands) my wife battles for such things everyday but she is nice enough to sometimes refund the registration fee you had for your domain. Good luck with this...

 

Its a fake email, Just call them and confirm.

 

Its probably fake ... can u PM me the source of this email ?

 

Watch out for Fake email scams as well, it might be some scammer trying to snatch it from you.
Because i don't think that multi billionair will be having that much time to keep an eye on a domain name.

 

It could be a scam but I wouldn't put a bet on it
Just recently Katy Perry tried suing an Australian woman called Katie Perry who was trying to set up her own business.

See? it can happen

You have a pretty good chance of winning even if it was fought on US soil, you've got the added bonus of being located in Pakistan