I own a domain name and have a problem...

Discussion in 'Legal Issues' started by wildarmz, Mar 28, 2008.

  1. #1
    I own a domain name that I planned on using for promoting a digital product that just came out (community/news/etc). I don't know why they hadn't registered it, but I did in hopes of using the company's referral program to start a site and earn some extra cash.

    Anyways, I received an email (via an agent "Pirate reports") saying that I infringed on their trademark and that they want me to transfer the domain to them.

    As of right now I deleted what was on the site and have a blank page up. What should I do about this? Thanks in advance!
     
    wildarmz, Mar 28, 2008 IP
  2. mythbuster08

    mythbuster08 Peon

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    #2
    Registered name AFTER the products name (trademarked and part of the domain name?) became known? Could easily be considered "bad faith" ...

    Check what a lawyer would cost for initial consultation. If it's worrth it, contact one. If that already exceeds for potential profit, drop you idea of using this name.
     
    mythbuster08, Mar 28, 2008 IP
  3. wildarmz

    wildarmz Peon

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    #3
    Thanks for your input. It wouldn't be worth it for me to contact a lawyer. It was more of an impulse idea since I think the product is good. It was in beta at the time of registration.

    I already know that I shouldnt try to sell it to them. Should I just ask for them to pay the registration fee and be done with it?
     
    wildarmz, Mar 28, 2008 IP
  4. mythbuster08

    mythbuster08 Peon

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    #4
    Your decision ;)

    In Germany you usually get a letter like this:
    Dear MeanGuy,

    by using the domain www.xboxstation.com you infrige the trademark xboxstation which is registered to our client TheBigCompany. Court value of this infringement is 145.000 €. The according attorney fee would be 7.453,45 €. We are generous and therefore offer a 50% discount if you pay within the next 2 days.
    Thank you very much,
    Frankie Fish, attorney at law

    In that case many people would be quite happy to get away with only loosing the reg fee ;)
     
    mythbuster08, Mar 28, 2008 IP
  5. Boris4ka

    Boris4ka Well-Known Member

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    #5
    If it was an email you received, make sure it is actually from that company, and not some random person pretending to be them to get your domain. Is it even considered legal until it's in writing on physical paper?
     
    Boris4ka, Mar 28, 2008 IP
  6. sydneyaus

    sydneyaus Active Member

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    #6
    A cease and desist mail is legal, count yout losses and find a new non trade marked domain for your website.
     
    sydneyaus, Apr 3, 2008 IP