Is this trademark infringement? (Can it take my domain name away??)

Discussion in 'Legal Issues' started by impulse8, Jan 23, 2008.

  1. #1
    I was wondering, is this email enough to take my domain name away and/or cause me trouble if i have removed all content from the website?


    Dear Sir
    
    www.rsunlocked.net (“the Website”)
    
    We act for Jagex Limited. Our client has owned and operated RuneScape, the
    well-known online multiplayer adventure game, at a website at runescape.com
    since 2001. There are currently some 4.1 million active registered players
    of the game in over 15 countries. Our client’s turnover in the period 2002 –
    2006 was in the region of £25 million (approximately $50 million).
    
    Our client owns Community Trade Mark E2942761, UK Trade Mark 2302308 and US
    Trade Mark 2829952 for the word RUNESCAPE in classes 16, 25 and 41 and
    Community Trade Mark 5122916 for the word RS in class 41. Our client also
    has common law rights and/or under company name / unfair competition law or
    equivalent in the name RUNESCAPE and RS deriving from its extensive use
    outlined above.
    
    We understand that you are the owner / operator of the Website. This site
    infringes our client’s rights as follows:
    
    The Website is being used to facilitate links the offsite trading of
    RuneScape items, and accounts and the distribution of software robots and /
    or similar programs (“bots”) for the purpose of cheating (as well as related
    discussion groups).
    
    Clearly you or persons authorised by you have used our client’s site to
    effect these transactions and you have thereby become bound by - and
    breached - our client’s contract which strictly forbids such activities.
    
    In any case you have tortiously induced the other parties to break their
    contracts with our client.
    
    Amongst other things, real money trading carried out offsite enables some
    players to advance in the game by buying their way ahead. Bots also enable
    players to cheat at the game. Such activities spoil the game for the
    majority of honest players who just want to play it for the fun and
    challenge the game gives, if played fairly. Genuine players are deterred
    from playing. Consequently such transactions damage the game and cause our
    client financial loss.
    
    Breaching our client’s contract means that any use by you of our client’s
    site is unlicensed and thereby infringes our client’s intellectual property
    rights in its site. Furthermore our client’s contract confirms that all
    RuneScape characters and items are and remain our client’s intellectual
    property.
    
    Bots infringe our client’s copyright by copying and modifying our client’s
    software and/or by attempting to circumvent our client’s copyright
    protection mechanisms. Bots also constitute a trespass to chattels.
    
    The transactions are criminal offences insofar at they incite, counsel,
    procure or assist persons to gain unauthorised access to our client’s
    computer systems.
    
    The Website is also being used to encourage others to fraudulently obtain
    members’ usernames and passwords for the purpose of stealing member accounts
    and/or the items in the accounts (no doubt with a view to the sale thereof).
    Such activity constitutes a criminal offence as it is designed to gain
    unauthorised access to member accounts on our client’s computer systems.
    
    Our client’s trade mark RS is being used on the Website in a manner which is
    not in accordance with honest practices in commercial matters and which
    without due cause takes unfair advantage of, or is detrimental to, the
    distinctive character of the mark. This is trade mark infringement.
    
    Please cease all activity outlined above within 7 days from today and
    confirm to us that you will transfer the domain name rsunlocked.net to our
    client.  Otherwise our client will have little choice but to initiate formal
    legal steps to protect its position.
    
    Yours faithfully
    
    Code (markup):
     
    impulse8, Jan 23, 2008 IP
  2. wpdaily

    wpdaily Active Member

    Messages:
    136
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    90
    #2
    I'm not a lawyer, but it looks to be the real deal. I'd play it safe and close up shop. You don't want legal action taken against you.
     
    wpdaily, Jan 23, 2008 IP
  3. bluegrass special

    bluegrass special Peon

    Messages:
    790
    Likes Received:
    50
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Since you already put runescape content on it, it is too late to avoid losing the domain by changing the content if they try to take it. Whether they will actually go through with it is another matter. If there is no runescape content, perhaps they won't be willing to spend the money (it would cost them a few thousand for their cheapest option).
     
    bluegrass special, Jan 23, 2008 IP
  4. impulse8

    impulse8 Peon

    Messages:
    224
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Oh ok guys. Thanks for the heads up.
     
    impulse8, Jan 26, 2008 IP