I've had a domain for the past year and it's got the Vonage term in the name. Been registered since 10/07 and no issues until today when I get a fedex from their counsel stating they want the domain by 10/10, coincidentally enough when the domain expires. I'm 100% betting that they want the domain for marketing purposes and this is the first step in getting the domain.. I had a prior C&D with Video Professor and they did nothing but send a letter and go away.. Anyone have any thoughts here. I'm not a lawyer, not putting up $$ for one, just thinking that if they are in the mood to send fedex letters and such, they're in the mood to share $$ for the domain.. The domain today is a dead domain w/ no traffic since the original affiliate marketing company no longer runs vonage offers... Any thoughts??
Hi ... not a lawyer, either, but I'd hang on. Doubt if Vonage can successfully C&D, based on the information you provide. Let us know how it goes.
yeah, I agree... If it was recently registered I can see, but a year after the fact? It's getvonagetoday.com for those who asked.
Doesn't matter as long as the domain name bears their trademark. But why did you register that Vonage-bearing domain name to begin with, given it's unique and...well...after the fact they've existed? Anyway, I honestly doubt you'll be able to hold it. Unlike the Video Professor, they do have the funds and (maybe) the time to pursue this. If you don't give it to them, they might...might...take action against you. File a UDRP at least to possibly grab the domain name, or worse file an ACPA suit up to $100K per domain name if you're within the U.S. You could try to sell them the domain name as someone might suggest....and that can give them an additional cause to hold you liable. It's all up to you as to how much you're willing to play the game, especially if you have the time, money and effort to fend them off. Good luck on making the right decision.
Yes that may be an issue. Vonage is clearly stated in the domain, and the URL seems like something theyd want. If I were to open up an ISP called "FASTISP", of course the first domain I'd register was "FASTISP.com" , second would probably be getfastisp.com or getfastisptoday.com If it's dead and expires soon, I'd just give it up. Of course I'm no lawyer, however I would suggest giving it up.
Give them the domain, what you are doing is trademark infringement and you will get reamed if you go to court over this. Not to mention there is no reason to keep it, you aren't making any money off of it and it isn't developed.
I would say the worst that could happen is you are made to hand over the domain by a court...but at least you would have the satisfaction of them having to spend $$$ on unrecoverable legal fees !
Who said that the attorneys' fees are unrecoverable? They're recoverable in most actions, particularly if you've wasted the court's time without any conceivable legitimate reason for doing so. The worst that could happen? You could lose the name and be fined $100,000 per domain plus court costs and attorneys' fees. Plus, you're not going to defend yourself if it makes it to court. You're going to have to hire a lawyer too. Give up the domain. It's the only legal (and financially reasonable) choice. Deena _________________________________________________________________ Any opinions are offered without knowledge of the specific law of your jurisdiction and with only the limited information provided in your post. No advice given here should be reasonably relied upon by you or any third party without consulting an attorney who is aware of all of the facts and law surrounding your situation. Any advice given here is not intended to create an attorney-client relationship in any way.
I would send a letter back stating you want $$ for the domain name, I wouldn't recommend an email. A letter is needed here. Good luck and please update us on how everything goes on!
Dear pamon. As your attorney, I would advise you to keep the domain and send them(vonage) death threats, yes you heard me, death threats. Plain and simple. Insist that you are in fact the real and only true vonage. I would also advise you to inform them that they are engaging in deception under an assumed name of your identity. Kind regards, -Your DigitalPoint.Attorney. copyright lololol
You are correct (if the case is brought to court in the U.S). In the UK, the case would be dependant on the size of the claim. If under £5,000, the claim would be allocated to the fast track system where legal costs are unrecoverable.
IANAL, but this sounds like a very bad idea to me, since such a letter could be used as evidence that you registered the domain in bad faith. I don't mean that as a hypothetical: "intent to sell" is specifically listed as one of the means of proving bad faith under UDRP policy. See this overview from Harvard Law School: http://cyber.law.harvard.edu/udrp/opinion/bad.html
Hmm, that's a joke, right? And someone either hasn't been reading or doesn't care what happens to the OP.
Dear easydolla, As pamon's new attorney, I would advise you of two flexable options you may feel comfortable of performing. Option A) edit your last post. Please replace the word "wouldn't" in your first paragraph, line 1, second sentence, second word. With the easier identifiable word of "would". Option B) delete your last post. Kind regards, -Pamon's new DigitalPoint.Attorney. copyright lololol
I agree with dp50, get a proxy service to hide the info of the name send them a letter telling them to die.
Welcome to the club. If you don't plan on doing anything with it then just give it up its not worth the hassle.