Just got a very sharp sounding email telling me to surrender my domain to a company who informs me that part of my domain violates their trademark name.Never heard of them before,but since they are being such assholes,I dont feel like complying.Surrendering the domain?,as in just give it to them? Love to hear any suggestions-even humorous ones
I ran into that same problem. chances are your ok, they probably came up with a business model and the perfect name for their project was taken by you. lol. Chances are this is a scare tactic. I would offer it for sale to them, but don't give in. unless they produce some legal documentation showing a conflict.
Yeah they sent me their trademark number and all that stuff.They own the trademark alright,but maybe i can sell them my domain
it wouldn't hurt to sent a nice sounding letter or email saying something along these lines: I spend allot of time investing in my domain name and its content, and was totally unaware that you may have owned this Trademark. ( then your sales pitch) .. of course make it sound more professional than I did. that sucks though that they being such byotches about it
No one can really tell you what to do without specifics. Then again, doing so can be found online if "they're" especially on the lookout. Two things I'll say, though: 1. Trying to sell a domain bearing their trademark can be used against you. A lot of both legal and administrative decisions can show that if one searches in the 'Net hard enough. 2. Some companies use a seemingly scathing email because it can get results done. It can have the opposite as you're reacting here. All in all, it depends on who you're dealing with. Maybe you'll get lucky and sell it to them, maybe you'll be unlucky and held liable. Just be ready to deal with the results of your choices, just as they might be.
This was my response to them I have spent time and money developing this site,and was totally unaware you owned the trademark of the words "My Points" As far as you not taking issue with me operating an online loyalty and rewards program,come on lets get real here-you have no say in me doing so. If you wish to make an offer on the domain you are welcome to Best wishes
Not one you want to make unless you are VERY sure you know what you're doing, especially the last line. If you want, you can tell them that you do not believe you are in violation of trademark law and, in fact, never even heard of their company when you started your business. From your review of the letter, you don't see that they have any legal claim to the name. Many of these letters have no solid basis for a claim under law and are designed to acquire names that are questionable with regard to infringement and do it as cheaply as possibly by scaring the owner.
i dont think you have anything to worry about, i would just ignore them. but if you want to be safe, just seek professional legal advice the funny thing is, I just got to work and tired to type in gmail.com and went to gail.com instead and found the content below: -------------------- http://gail.com/ WIPO Case D2006-0655 http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0655.html 7. Decision For all the foregoing reasons, the Complaint is denied.
Quite frankly, that's the only solid advice to follow around here. Unfortunately you can only get that from a lawyer, solicitor, etc. with real-world experience in this sort of thing.
Simply having trademark doesn't take away the right to any domain one owns. Here are few things you can consider 1. What is the domain name (Common name, name associated with your business, etc, ) 2. Is the domain registered before the trademark was registered? 3. Is the domain name in any way hurting the trademark holders busness? So no need to surrender the domain, unless they prefer to buy.
This is true. The above statement I made doesn't hurt the domain name owner and is designed to separate the people looking for an easy pickin' from those who have a real mission and without putting one's self in jeopardy. The only way to truly aquire useful answers is to post complete information for professionals to answer. Might not be appropriate here.
Actually, I think Mac is on to something. I remember in my old business class my professor was tall talking about "the poor man's copyright" method. This method is to send yourself a certified letter with full details about your product/invention, but you have to make sure it stays sealed. When someone takes your idea, just bring it to court and let the judge open it. She told me this method had been used in court in the past and won. EDIT: ------ http://en.wikipedia.org/wiki/Poor_man's_copyright Second Edit EDIT: ------ Honestly, just pay about $100 for a quick visit with a lawyer. You cannot trust anyone here, even if they think they are right. Sorry we couldn't be any help with this.
Actually I heard of that method being used by songwriters.I had only registered my domain about 24 hours before they contacted me
Try and find out if they actually have the trademark registered. If so, you might want to see if they actually have sued others. I honestly doubt that they're going to do anything. It's just a scare tactic that they're trying. Yugo,
Purchasing a domain is like a first come first serve basis...If I do encounter this scenario I just ignore their email unless they send me again an email with a reasonable price. If your site is not earning that well you'll be easily give-up your domain.