Notice of Herbalife Trademark Infringement:

Discussion in 'Legal Issues' started by sandvale, Oct 11, 2013.

  1. #1
    Hi all ,i need your help how to respond to this email:
    Please accept this letter on behalf of Herbalife International Inc. (Herbalife), regarding the domain name herbalifegout.com, which incorporates Herbalife’s trade name.  The trademark and trade name “Herbalife” are used to identify products, services, activities, and events related to Herbalife International, Inc. and Herbalife does not authorize this registration or use. 
    
    If you are an Independent Herbalife Distributor, you may not be aware of the policy in your career manual that pertains to Domain Names, Email Addresses, and Websites.  We ask that you refer to that rule and contact our office so that we may work with you to resolve this matter.  You may reach Distributor Ethics and Compliance via email at brandprotection@mm-herbalife.com.
    
    If you are not an Independent Herbalife Distributor, we ask that you immediately CEASE and DESIST any and all use of the Domain Name.
    
    We thank you in advance for your attention and cooperation.
    
    
    Sincerely,
    
    
    Distributor Business Practices & Compliance
    Herbalife International of America, Inc
    Code (markup):
    I am new on domains and maybe make error to register this domain,what i should do to resolve this case,is the best solution is symply to delete the domain.Thank you in advance PS:Sorry for my bad english.
     
    sandvale, Oct 11, 2013 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    Since the name is at godaddy, it is easy to just delete the domain from your account. That should resolve the issue.
     
    browntwn, Oct 11, 2013 IP
    ryan_uk likes this.
  3. sweetpea69

    sweetpea69 Active Member

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    #3
    Don't delete it just yet. If it was registered at GoDaddy recently, go to their support page and talk to a representative. Easiest way is through chat. Tell them that you registered the wrong domain and would like to change it. So search for another one and switch it out. If you used a promotional code, which you should have, tell them to reapply it to the new domain. In the future do not use the trademarked names of such massive companies hahaha. You can often get away with smaller companies, even though it's still or could be illegal is registered. If you do, not only include a disclaimer page, but a small disclaimer visible on the front-end of your site, optimally your homepage. Say that you have no affiliation with the company and views expressed are strictly your own. Nd say something along the lines that you just like the company so much. It sounds better and you don't freak out your readers.
     
    sweetpea69, Oct 11, 2013 IP
  4. sweetpea69

    sweetpea69 Active Member

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    #4
    It's not entirely your fault that- that domain was available for registration. I wouldn't even respond
     
    sweetpea69, Oct 11, 2013 IP
  5. sandvale

    sandvale Well-Known Member

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    #5
    Thanks for the answers,i respond to email and waiting for response.I do not use a domain,domain have standart godaddy page.
     
    sandvale, Oct 12, 2013 IP
  6. Agent000

    Agent000 Prominent Member

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    #6
    Its simple. You can not use a registered trademark in a domain name unless you have permission of the trademark holder.
    You have no choice but to comply.

    BUT, take this very seriously and DO NOT take legal advice in a forum from some random people. Consult a trademark lawyer.
     
    Agent000, Oct 13, 2013 IP