Even though i think it is a fake one, i still dont want to take any chances. But the thing that concerns me is that i got the email on an gmail account which is not even linked to my name.com account(from where it was purchased) and there is no way they could have known that it was linked to the gmail account. Also i have got no emails on my main account(linked to the name.com account) Here's the email
It is obviously a fake as he is trying to steal the domain vs. just asking you to discontinue it's use.
nah that's real, i verified w/e the case is, i wont give him the domains for free since they dont grow on trees
Then I guess you're prepared to lose them anyway should the mark holder file a dispute or so? While I haven't seen any just yet, there's always a first time. Speaking of proxify: http://forums.digitalpoint.com/search.php?searchid=11932517 It's as real as real can be. So...why did you register those domain names, considering one of them bears not one but two trademarks?
if i knew that they were trademarked then i wouldnt have registered. Not that i am afraid of lawyers etc.(my dad's a lawyer too) but only that its just too troublesome. and yea ive read those topics before i posted here
They can't claim a domain in that way. Look up allinurl:*nike and see how many sites you can find using the term nike.. If it were a serious offense and approachable I'm sure nike would wipe out half of those sites.
Maybe they are even as we post, but it's just not reported online as often as others expect. Not all are caught, but those who do tend to pay a high price. Unique words not found in any generally-accepted dictionary tend to have an even greater trademark protection than common words not used descriptively in commerce. Proxify and Orkut aren't commonly descriptive words...yet. In any case, it's up to each and every one of you. You know the risks, but it doesn't mean you'll necessarily gain sympathy if that's what you're after.
nah im not after sympathy, my dad's a lawyer too and since he is on a trip currently i cant take his advice either w/e the case is im not ready to give up the domains to any bully who tries to scare me... btw i will keep posting the emails that he will send here http://www.proxifynet.com/
This is a pretty clear case of trademark infringement. If they sue you, you can be forced to pay damages plus treble their legal fees. Get advice from an intellectual property rights attorney - I'll bet they advise you to turn over the domains immediately. You have the burden of checking for existing trademarks before you register a domain. Saying you didn't know isn't a legal defense.
My question is why are they sending you emails and not letters? When I stepped on Zippo Lighters toes for a domain I owned I got a certified letter from them.
Korrupt, Totally fake He is just a f**king scammer. who actually collects domain, so he can play monopoly over the domains related to proxify. If u leave is India thn dont worry about that, they wont get u. also my advice change the whois information to some other name and address, email on different country. Give the email of some really big company like any tv network address (zeetv@zee.com) but must be valid so that they cant ever trace u. if that guy email u tell him that u sold that domain to some big company. try to contact with them. Hope this will help u. Regards, TA
Really stupid advice.... a WIPO action can take a domain regardless of where you live. Yeah, tell them you sold the domain to company right after they contacted you. Geez, what a stupid story.
Korrupt read this http://www.dnforum.com/f26/trademark-infringement-3-thread-169805.html go to post number 45. U will get ur answer. The f**king guy UPside is here.
thanks for your help guys appreciate it I'd rather not use the domains than hand them over to some stupid jerk who is only in for free domains i dunno but its possible to just send a C&D via a email, i confirmed it thanks, that helped. btw i suggest you do not use the word f**king over here as it may get you an infraction
It's not just possible, but definitely happens. What might shock some of you folks is that sending C&Ds are not required to resolve a potential domain-trademark infringement dispute. They can outright file an administrative proceeding or suit if they believe it'll produce the results they want. It may cost money, but it's the principle for some.
all that guy wants are free domain names. he searches for any domains souding similar to proxify and has the potential to generate good traffic and thus tries to take them for free and converting it to his own proxy site. He also told me that the fastest way and the one with the least hassle is that I trasnfer the domains over to him, whereas there should be NO problem if i just stop using them. That proves that he is just a bully/jerk/******(put whatever you want here) who just wants free domains
That's one way to view it. Another way to view it is he's protecting his mark, which is every mark holder's unenviable responsibility. Feel free to ask your lawyer-dad on intellectual property, or ask any friend of his who's really familiar with trademarks. You might be surprised. Whether people like or not, UpsideOut has proof of a trademark for the word proxify: As long as it's there, coupled with the word itself not being descriptive for an online service "providing anonymous transmission and delivery of information over global computer networks", registering a domain name with the word that looks and/or sounds like their mark is a practical no-no. And is there anything wrong with that, considering he's spent time, money, & effort to grow that business? Why let others do something that might confuse your intended market with their service, which is what trademarks aim to stop in the first place? I realize some of you folks don't like this, which is nothing new since people do stuff others don't like every other day. But there are (almost) clear laws that affect what one can and can't do, in this case being able to use any domain name that's potentially infringing someone's trademark. Just as the mark holder doesn't necessarily have absolute use over their mark for any and/or all other uses, the registrant doesn't necessarily have absolute use over their domain name for any and/or all other topics.
PROXIFY as mark? there is no way he can claim proxify not to be used in any domain. Nothing to worry about