Hi guys, I'm the owner of 6pmpromocode.com and I bought this domain few months ago. Recently I got an email: Please tell me whether I can keep my this domain or not? If it's possible, please tell me. Many thanks
If this was my domain I would not respond to the letter. Acts are not laws acts need you to comply to take effect if you do then a contract is made.Where did the infringement happen exactly?federally protected trademarks?Are you scared then go ahead. Also note that there is no law being broken and the above letter is no law.Jurisdiction can only be given to the court if you consent to it other words obey or submit. If there is no contract between you and who ever the letter is from then leave it as there is no contract and you don’t even know them.
That's honestly one of the silliest things I've seen posted in years. Acts are laws, notably in the U.S. and U.K. An Act may or may not be considered law depending on your jurisdiction. Other areas, of course, see it differently. And part of your domain registration contract involves not registering and using the domain name to infringe someone's trademark, and you agree to dispute resolution like UDRP. Unfortunately, OP, your domain name's usage virtually infringes Zappos' 6PM trademark. And yes, even something like 6PM can become a trademark if used distinctively rather than descriptively, as is the case like shell, tide, or 7-11. Quite frankly, you won't be able to keep the domain name. Even if you ignore Zappos' letter, they can still file a UDRP as they mentioned and eventually take the domain name from you. And changing its name and contact details or transferring it to someone else or another registrar won't stop Zappos from taking action still. Some may seem to get away with it, but not everyone does.
Utter nonsense. As for the OP. You could fight to try to keep it under some theory that you are legitimately referring people to 6pm.com with valid promo codes. I doubt it would be worth your time. (Took a look at your site, a lawsuit is definitely not worth it.) I am surprised you are not even sending people there with an affiliate code, it looks like you want to make money off adsense or something eventually. Anyway, you are going to lose the domain name one way or another would be my guess.
The only jurisdiction your gonna get depends on how much of it you hand over to the juri.I can see by the post the state owns you! And when did Acts become laws? Acts are not laws in the U.S. AND U.K.If you hand over your rights you will hand over your jurisdiction over to the juri. Then you will lose and the one trying to contract with you will be the winner.
Put on some more tin foil. I have no idea why some fools play semantic games. Since it is in the news a little bit today, I will just cite you one Act that is a law, and just today deemed constitutional as well. Patient Protection and Affordable Care Act
There will be plenty of people who won’t get it after all you have been trained. I know this as I was involved in the making that I regret not understanding where it was heading and I do now… and I can not tell you or anyone in just simple few lines so it may sound semantic game to you. I will not post any more about this sorry. [closed]
I dont see in relevant violation. Keep the domain. Because if you really think about it, then no one can use 6pm for anything. Even nightly news. PAWNED All Act’s of Congress fall under statutory law. Therefore it is law. You can find that in just about any legal website, even down to Wiki. http://en.wikipedia.org/wiki/List_of_United_States_federal_legislation Here are some very important ACTS in the US. Voting Rights Act of 1965 Patriot Act Civil Rights Act Furthermore, to help you on your way, here is a long list of US ACTS, here is a link for some light reading. http://www.law.cornell.edu/uscode/topn/A.html
Good. Because if you're indeed from the U.K., then you should look up online how an Act can become a law despite what you think. And me "owned" by a state or something? What an equally stupid thought. A trademark doesn't prevent one from using a common term for its common description or for anything else. You can still use 6PM to refer to the time, or 6PM to sell maybe bowling items. Zappos uses 6PM as a trademark for selling clothing online among other things. The OP's site is doing the same thing, which can arguably confuse some people into thinking that the OP is associated or endorsed by Zappos. That's what trademarks aim to prevent, FYI. Any trademark holder risks losing it if they don't enforce it, especially after all the work and money they poured into making it the commercial success it now enjoys.
Unfortunately, this situation happens too often in Domain names. As far as law is concerned this comes under the Anticybersquatting Consumer Protection Act or Uniform Dispute Resolution Policy. In this situation due diligance should be placed while purchasing the new domain name. The down side of this can be very costly. .
Thank you all guys. Follow: http://domains.adrforum.com/domains/decisions/650258.htm I will focus into 3 points: 1) Identical and/or Confusingly Similar: First, We don't provide goods or services. Second, we're writing about coupon or promote code which doesn't related to shoes, footwear, boot... as their registered trademark. 2) Rights or Legitimate Interests: I have a right and legitimate interest to write about legit 6pm coupon or promo code which is provided by them. 3) Registration and Use in Bad Faith: We don't register or use this domain in bad faith. So I think I will go ahead. I will let you guys know when i have any news. Best,
Hello, 1- If some one has register some item (product, service, name, formula or anything) chances are he or she is the rightful owner of that intellectual property. This means only they have the right to use that specific product the way they want to. 2- The right to litigation is there but at what cost? If you change the name and start with some other this will save the legal fee, the further investment of time and money as well. 3- There is no good faith in using something which does not belong to you in the first place. Thanks
To be fair, you may have a chance if there is no hint of commercial use on your site. Indeed there doesn't seem to be any. If you really want to keep the domain name, though, then be prepared to seek legal help from a licensed lawyer, solicitor, etc. with real-world experience on this. That is the only person who can actually tell you for sure, anyway. Good luck.
1. That is simply not true. Your site shows the way to enter a coupon code on the 6pm.com website and based on your content, it is clear to me you are trying to confuse the search engines and make it as though your site is about their trademark. (You lose this one) 2. Since your only use relates to their use, you have shown no independent legitimate rights to the domain name. Of course you can write about their coupon codes, just not while using this domain name. Your content only makes your use of the domain worse, not better. 3. You are currently using it in bad faith trying to rank for terms related to their trademark as seen in your list of tags in your side bar (i.e. The stuff you chose to make your site about) Your best chance of keeping the domain name is if they decide not to pay the fee to take it from you. Personally, I would just move to a better domain name. Honestly now, the only reason to have this particular domain is to try and rank for their terms. If you actually believe you are not doing that, then use another domain. Anyway, since you have no real money at stake, I see little point it fighting to keep a domain that is not making you any money.