Hello. So I recently got an email with the subject: INFRINGEMENT OF PROXIFY MARK Basicaly, I own a site called proxofy.com and they are mad at me because they sound the same and guess what they're both proxies. They threaten legal action etc if I don't transfer them the domain. Can they do this? Here is the full email; Thanks for any help: Dear *my name*, I am president of UpsideOut, Inc. D.B.A. Proxify (the "Company"), the owner of federal, state and common law rights in and to the service mark PROXIFY (the "PROXIFY Mark"). In addition to its rights under common law, the Company enjoys full statutory protection of its valuable rights in the PROXIFY Mark under both state and federal law and vigorously protects and defends those rights. The PROXIFY Mark is registered on the Principal Register in the United States Patent and Trademark Office (the "PTO") and assigned Registration Number 3138482. The PROXIFY Mark is registered in connection with "providing anonymous transmission and delivery of information over global computer networks" in International Class 38. The Company began using the PROXIFY Mark on April 14, 2003, and since that time has actively and continuously used the mark in connection with its business and services. The Company has made substantial investment in developing, providing and promoting its services under the PROXIFY Mark. As a result, the PROXIFY Mark is widely known and embodies substantial and valuable goodwill. The Company is extremely concerned about and objects to your unauthorized use of PROXOFY in connection with the domain name "proxofy.com" (the "Domain Name") and its corresponding website. Inasmuch as the Domain Name incorporates a slight variation on the PROXIFY Mark, it is confusingly similar to the PROXIFY Mark. In addition, the services provided on or through your website are similar to the services we provide in connection with the PROXIFY Mark increasing the likelihood of confusion between your site and the PROXIFY Mark. Accordingly, any display or use that you make of PROXOFY or any other variations of the PROXIFY Mark in connection with your website infringes the Company's rights in the PROXIFY Mark and constitutes, among other things, service mark infringement, passing off and dilution in violation of the Lanham Act and other applicable federal, state and common law. We hereby demand that you immediately cease and desist any and all use of PROXOFY and any other service marks, trademarks or names confusingly similar to the PROXIFY Mark in connection with your website. In addition, we hereby demand that you immediately transfer to the Company all rights that you have to the Domain Name. Attached to this letter are instructions for effecting the transfer of the Domain Name to the Company. We look forward to your written confirmation by no later than January 25, 2008 that you will resolve this matter as requested. Your prompt attention and response to this matter will prevent the need for further action. If you take all steps necessary to transfer the Domain Name to the Company and cease and desist immediately from any further illegal use of the PROXIFY Mark or other names confusingly similar to the PROXIFY Mark and settle this matter now, you may save yourself damages from the date of this notice. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved. Sincerely, Justin Schlecter, President UpsideOut, Inc. D.B.A. Proxify 1-877-PROXIFY INSTRUCTIONS TO EFFECT TRANSFER OF DOMAINS TO UPSIDEOUT: 1. Login to your GoDaddy account. 2. Select the of Domain Name identified above. 3. Click on the "Account Change" button and follow the on-screen instructions. 4. Enter our contact information as follows: First Name: Proxify Last Name: Administrator Organization: UpsideOut, Inc. D.B.A. Proxify Address 1: 1333A N. Ave. STE 315 City: New Rochelle State: New York Zip Code: 10804 Country: United States Phone: 8777769439 Email: dns@proxify.com
shit hey, i wonder if i will be getting one too for my domain pr0xified.com lol From memory they cannot ask you to transfer the domain to them, they can however ask you to take down the site if it infringes on their trademark. If they want the domain they need to make an application (or claim) via another global entity to claim their ownership on that domain, and even then they need to pay for the domain from the registrar.
Dont give them the domain. They cant do crap to you. They just send these out to get scared people to give them domains for free so they can make money from them.
I told Mrmclz to ask this site about this - I did a quick google search and people with threads with sites like "proxifymyspace.com" or stuff were suggested to take them down, but as this domain is slightly different...I'm not sure what he should do. This is really weird though...he bought the domains a few days ago, and has not submitted them to any topsites yet. How do you think they found his domain?
Well first step is to remove all of my info from the whois database. I don't want to risk it but I'm thinking its bull too. I should try to sell it to them hehehe
Mark the mail as spam and move ahead, if they are serious they will send a letter via postal mail not email.
I'm going to register about 10 variations of the name and post them here. They can try and sue my corp and my lawyers will eat them alive! LOL! Stay tuned for the variations! Oh yeah! They will all be proxies, too!
Dont even be bothered by it what-so-ever. Its a $9 domain, they wont sue you over it. This is just their little scam to make money. Reply with "LoL" and then delete the email. You should make the layouts very similar to that of proxify.com's for more lols.
Or you could really rub it in their noses and start a legal threats page just like Pirate Bay and see how petty they can become
Won't that be contracting ICANN rules? Also if you remove your info, they can take it that you feel guilty and are removing the evidence, that makes it worse. Removing the info is no use as there are services to check the previous Whois information.
Now where did I see this sort of thing before...oh yeah... http://forums.digitalpoint.com/showthread.php?t=631536 http://forums.digitalpoint.com/search.php?searchid=10487142 Lots of typical uninformed bluster around here. To be expected.
IANAL but IMHO they own the Proxify trademark and can easily satisfy the 3 requirements to win an ICANN UDRP decision. The domain was registered less than a week ago. I'd stop using it and get a new name for your proxy site. Luckily you received notice before you developed the site & got much traffic. They likely won't go to the expense of a UDRP, unless you get popular, but why build a proxy site if the prominent proxy list site won't list you? Their other options to disrupt you are to contact your host & registrar. GoDaddy is known to cave on complaints. Your options are to stop using the name or to continue & try to make money off it before they take the next steps. Uniform Domain Name Dispute Resolution Policy (see 4a-4c) http://www.icann.org/udrp/udrp-policy-24oct99.htm
Wait wait wait wait wait wait wait....its proxify and proxOfy...could you get sued if you have gcogle.com? or gfogle.com? i dont think so
According to what I've been told, you can because it is confusing w/ the trademark. On top, both sites are Proxies. I had the same problem with this. I ignored them and they stopped bothering me, however, I took the site down (will develop into a non-proxy site).
Mmm. What not-proxy type sight to you suggest I develope proxofy.com into? Haha. What was your domain? Anyway, I emailed them back requesting $30 in order to offset the fees and time involved in the development of the site. Hopefully they'll take it cause I'm sure thats more than I'd ever prophet on it but its a tad bit steep. I have a couple other proxy sites anyway so it's not a huge loss.
Yeah, it's called cybersquatting. To be honest, it depends on whether or not you want to. If you think they're bluffing, then call it. But if they're serious, you could spend a lot of money on some $10 domain. In my opinion, asking them for $30 could sound like you're trying to sell the domain back to them. A big indication of cybersquatting.
Oh my god, that comapny must look for people trying to "copy" yeah whatever its different they suck, if it was that bad you wouldn't be able to regiester the domain... and if it means that much to them they should buy all domains that are simular...