Microsoft wants my domain names, should I give up?

Discussion in 'Bing' started by matojo2006, Mar 3, 2012.

  1. #1
    I received UDRP notice from Microsoft attorneys claiming my website domains include Microsoft trademarks "Windows" and "Silverlight" and so those domains should be transferred to Microsoft. Of course, there are much more details in the legal notice, but that is the essence of the notice is Microsoft want to transfer the domain names to them because these sites mislead and confuse users by using the Microsoft trademarks in the domain name.

    The domains in question are:

    www.MyWindowsClub.com
    www.SilverlightClub.com

    There are few other domains also included in the list, but they are not popular sites, so I am not really concerned about it, even though I had lot of ambitious plans with those domains (Example: Windows8Laptops.com)

    GoDaddy has locked out the domains after the attorneys sent the legal notice.

    I worked last few years on the above sites and it has reached about 60,000 page views per day. Should I simply give up and shutdown my business?

    I could beg Microsoft and seek the options to keep the domains, but should I do that and then live at the mercy of Microsoft ?

    Should I use the next few days available to transfer the traffic to another domain?

    Should I file a counter law suit and try to stop GoDaddy from transferring my domains to Microsoft?

    Any suggestions from experts would be highly appreciated.
     
    Last edited: Mar 4, 2012
    matojo2006, Mar 3, 2012 IP
  2. jcs7alumni

    jcs7alumni Peon

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    #2
    I don't think that they would give you an option to keep them specially those who are highly ranked. The reason why they noticed you coz you made those domains popular. You should check for a legal advice with regards to this.
     
    jcs7alumni, Mar 4, 2012 IP
  3. Zoti Media Group

    Zoti Media Group Notable Member

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    #3
    i dont think that windows will contact such a page. If thay want the domains back thay will contact the provider and you are done.
     
    Zoti Media Group, Mar 4, 2012 IP
  4. wwwhome

    wwwhome Active Member

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    #4
    do 301 asap !
     
    wwwhome, Mar 4, 2012 IP
  5. drhowarddrfine

    drhowarddrfine Peon

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    #5
    You need a lawyer to tell you all that. You might get some initial advice for free. Call one and see what they say. If you're making any real money from the site, it might be worth fighting. At least long enough to get your site re-opened so you can redirect everyone.
     
    drhowarddrfine, Mar 4, 2012 IP
  6. PossumX

    PossumX Peon

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    #6
    You definitely need a lawyer. Once MS files a Trademark infringement, you have little recourse. They do this ALOT, and bank on the fact that you don't have the resources to fight them, as they have a large team of staff lawyers doing only this. You have used an edited version of what could be construed as the MS windows logo on the MyWindowsClub site, which gets MS up in a tizzy to begin with. MS could also argue you additionally laid it out to look as if it were a MS based site. SilverlightClub and your others are going to get included by association, and to prevent recurrence of your success (TM infringement on their part) with the MyWindowsClub site. It's really all about the wording in the legal filing, as to what they are claiming and if it is defensible or not.

    I would stand up something else, and 301 immediately, but, you CANNOT use a MS product name in the URL or site title, else, since an injunction has been started, they will include that by default.

    Get a lawyer if you want to retain the sites, immediately.
     
    PossumX, Mar 4, 2012 IP
  7. matojo2006

    matojo2006 Peon

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    #7
    Thanks to everyone for the advice.

    I will get started with a new domain today. Also, will check for legal options to fight back.
     
    matojo2006, Mar 4, 2012 IP
  8. kazuo

    kazuo Peon

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    #8
    i am also get this case but with another one company seems like Microsoft. After receive an email from them, that day i lock the privacy and move this domain into SEDO. It;s work. They bought my domain. It's mean i get money and they get what they want.

    you should protect your privacy of domain first
     
    kazuo, Mar 4, 2012 IP
  9. rohiteshwar

    rohiteshwar Peon

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    #9
    You have to consult to the professional layer or person who dealing that type of cases..........
     
    rohiteshwar, Mar 4, 2012 IP
  10. matojo2006

    matojo2006 Peon

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    #10
    Once you gt a UDRP notice, you will have no control on the domain. In my case GoDaddy locked the domains and I cannot transfer it. Also, I had privacy by DomainsByProxy, which I used for few sites, but they cancelled the privacy after Microsoft filed the UDRP claim. Looks like that is the law - once a case is filed, the privacy will be cancelled, which make the DomainsByProxy service useless. I can understand they should reveal the contact information to complainant, but cancelling privacy without notice does not make any sense. This means, if I want to get details of any website owner, all I have to do is, file a UDRP complaint.
     
    matojo2006, Mar 5, 2012 IP
  11. the.wizard

    the.wizard Member

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    #11
    sell it with good price in case you can't win againts them.. :D
     
    the.wizard, Mar 5, 2012 IP
  12. matojo2006

    matojo2006 Peon

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    #12
    This is a trademark violation issue and not really an acquisition of domain name. I am sure Microsoft has no interest to use that domain. Instead, they want to take down the site itself due to the trademark violation in the domain name.

    Obviously, I have no option to sell.
     
    matojo2006, Mar 5, 2012 IP