1. Advertising
    y u no do it?

    Advertising (learn more)

    Advertise virtually anything here, with CPM banner ads, CPM email ads and CPC contextual links. You can target relevant areas of the site and show ads based on geographical location of the user if you wish.

    Starts at just $1 per CPM or $0.10 per CPC.

So I Got a C&D Letter From Vonage Today....

Discussion in 'Legal Issues' started by pamon, Sep 30, 2008.

  1. #1
    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??
     
    pamon, Sep 30, 2008 IP
  2. desilator

    desilator Peon

    Messages:
    2,220
    Likes Received:
    49
    Best Answers:
    0
    Trophy Points:
    0
    #2
    Whats the domain if you dont mind me asking?
     
    desilator, Sep 30, 2008 IP
    Brandon Sheley likes this.
  3. drgeorgep

    drgeorgep Active Member

    Messages:
    854
    Likes Received:
    19
    Best Answers:
    0
    Trophy Points:
    58
    #3
    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.
     
    drgeorgep, Sep 30, 2008 IP
  4. pamon

    pamon Well-Known Member

    Messages:
    1,061
    Likes Received:
    22
    Best Answers:
    0
    Trophy Points:
    150
    #4
    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.
     
    pamon, Sep 30, 2008 IP
  5. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #5
    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.
     
    Dave Zan, Sep 30, 2008 IP
  6. easydolla

    easydolla Peon

    Messages:
    403
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #6
    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.
     
    easydolla, Sep 30, 2008 IP
  7. MelogKnaj

    MelogKnaj Guest

    Best Answers:
    0
    #7
    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.
     
    MelogKnaj, Oct 1, 2008 IP
  8. Whippet75

    Whippet75 Well-Known Member

    Messages:
    1,599
    Likes Received:
    23
    Best Answers:
    0
    Trophy Points:
    155
    #8
    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 !
     
    Whippet75, Oct 1, 2008 IP
  9. DeenaEsq

    DeenaEsq Peon

    Messages:
    215
    Likes Received:
    14
    Best Answers:
    0
    Trophy Points:
    0
    #9
    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.
     
    DeenaEsq, Oct 1, 2008 IP
  10. tokyoice

    tokyoice Well-Known Member

    Messages:
    3,326
    Likes Received:
    65
    Best Answers:
    0
    Trophy Points:
    165
    #10
    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!
     
    tokyoice, Oct 1, 2008 IP
  11. digitalpoint50

    digitalpoint50 Guest

    Best Answers:
    0
    #11
    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
     
    digitalpoint50, Oct 1, 2008 IP
  12. Whippet75

    Whippet75 Well-Known Member

    Messages:
    1,599
    Likes Received:
    23
    Best Answers:
    0
    Trophy Points:
    155
    #12
    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.
     
    Whippet75, Oct 1, 2008 IP
  13. Nonny

    Nonny Notable Member

    Messages:
    2,093
    Likes Received:
    120
    Best Answers:
    0
    Trophy Points:
    210
    #13
    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
     
    Nonny, Oct 1, 2008 IP
  14. stmiki

    stmiki Peon

    Messages:
    523
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    0
    #14
    Tell them you want $100 for the trouble and various other fees
     
    stmiki, Oct 1, 2008 IP
  15. Dave Zan

    Dave Zan Well-Known Member

    Messages:
    2,320
    Likes Received:
    121
    Best Answers:
    2
    Trophy Points:
    115
    #15
    Hmm, that's a joke, right?

    And someone either hasn't been reading or doesn't care what happens to the
    OP.
     
    Dave Zan, Oct 1, 2008 IP
  16. easydolla

    easydolla Peon

    Messages:
    403
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #16
    Haha good one. I wouldn't suggest doing that one though!
     
    easydolla, Oct 1, 2008 IP
  17. digitalpoint50

    digitalpoint50 Guest

    Best Answers:
    0
    #17
    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
     
    digitalpoint50, Oct 2, 2008 IP
  18. easydolla

    easydolla Peon

    Messages:
    403
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #18
    Hahahaha good shit.
     
    easydolla, Oct 2, 2008 IP
  19. 1368633

    1368633 Banned

    Messages:
    305
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    130
    #19
    I agree with dp50, get a proxy service to hide the info of the name send them a letter telling them to die.
     
    1368633, Oct 2, 2008 IP
  20. smithj

    smithj Peon

    Messages:
    70
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #20
    Welcome to the club. If you don't plan on doing anything with it then just give it up its not worth the hassle.
     
    smithj, Oct 2, 2008 IP