I received a C&D letter, what will happen now?

Discussion in 'Legal Issues' started by superjan, Jun 25, 2013.

  1. #1
    Hi there, i received a C&D letter for my website, it said that im using their trademark on one of my site domain name. it asked me to cease and desist the use of it. i complied with what they asked me to do. i returned the domain to my registrar which is namecheap (they didnt ask me to transfer the domain to them). i replied to the email and said that i did everything they want, though i didnt get to response within the time they required me to.

    It's been over a year now, i never received any response to them, or any follow up C&D emails.

    Should i still worry about it? do you think they will still file or did file a civil or legal case against me?
     
    superjan, Jun 25, 2013 IP
  2. ActiveFrost

    ActiveFrost Notable Member

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    #2
    I wouldn't worry about it. They got what they wanted.
     
    ActiveFrost, Jun 25, 2013 IP
  3. Helge Sverre

    Helge Sverre Prominent Member Affiliate Manager

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    #3
    May i ask which trademark you were infringing upon, They might not have a case against you if it is similar but not intentionally meant to lure the user to think you are them.
    Disclaimer: I am not a lawyer, don't listen to me.
     
    Helge Sverre, Jun 26, 2013 IP
  4. fare

    fare Well-Known Member

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    #4
    Agreed, you have already complied with their request. However, I would suggest you to contact them via various means to clarify things up.
     
    fare, Jun 26, 2013 IP
  5. browntwn

    browntwn Illustrious Member

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    #5
    There is absolutely no reason to contact them, by any means. It will do nothing to help you and could end up putting you back on their radar. There is simply nothing to be gained by contacting them.

    As already said you are probably never going to hear of this again, but the infinitesimal chance they would still pursue it diminishes with time (time is your friend) until eventually the applicable statute of limitations would run (although there is no express statute of limitations for Federal Trademark, most courts use the equivalent state statute) or you gain other defenses such as latches. In short, you have done what they asked and it is most likely the last you will ever hear from them - so do not go putting yourself back on their radar as suggested by the previous poster - who I would imagine has no legal justification for his suggestion.
     
    browntwn, Jun 26, 2013 IP
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  6. acpower

    acpower Greenhorn

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    #6
    A C&D letter should state there will be no further action taking if you comply with the request. Since you did comply, there won't be any issues. You could always take screenshots as proof. Remember, there are many law firms that work for companies that spend all day on the net looking for infringing sites and sending out generic mail forcing sites to remove the infractions.
     
    acpower, Jun 26, 2013 IP
  7. stelthius

    stelthius Member

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    #7
    "Remember, there are many law firms that work for companies that spend all day on the net looking for infringing sites and sending out generic mail forcing sites to remove the infractions."

    So true people don't believe it.
     
    stelthius, Jul 12, 2013 IP
  8. Willief

    Willief Greenhorn

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    #8
    What browntwn said is very true. Most letters use expensive legal terms threatening you in every possible way. But I know people who ignore this stuff and they are still alive :)
     
    Willief, Jul 12, 2013 IP
  9. bm4web

    bm4web Well-Known Member

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    #9
    Don't worry any more, its finished be happy man!
     
    bm4web, Jul 12, 2013 IP
  10. browntwn

    browntwn Illustrious Member

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    #10
    You missed my point entirely. I assumed the legal notice was real. It was just that they had already complied with its terms and thus there was no legal benefit to continued communication on the subject.
     
    browntwn, Jul 12, 2013 IP
  11. IG2010

    IG2010 Well-Known Member

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    #11
    Actually, if you do not the same business as they do, you have missed an opportunity to tell them to go to hell. I had a domain back few years ago and receive a mail saying that I was using their name, blah blah, I looked into legal information and as I was not doing the same business, they couldn't do anything against me, I actually told them that if they wanted me to give up then I would be glad to sell them the domain name, for $5000, never heard from them since ^^
     
    IG2010, Jul 12, 2013 IP
  12. sarahk

    sarahk iTamer Staff

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    #12
    I have a jerk who gets in touch every 3 years or so because Google continue to serve up links to withdrawn pages on one of my sites that used to tell unpleasant truths about him. I'm not losing sleep.

    In your case you've done what they wanted, your conscience is clear. They may get in touch somewhere down the line but you no longer own the domain so you have nothing to fear.
     
    sarahk, Jul 14, 2013 IP
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