Uh OH I took a Cease and Desist from a big company! what do i do?

I was just starting to build a fan site for the fight organization Bodog Fight. They are similar to the UFC
you know ultimate fighting. Many other fan sites use the domain in the UFC like ufcmania.com or ufcjunkie.com or discussufc.com

My site is bodogfighting.us I was just starting and now I got this letter today
I actually started it to promote them because I like them more than the UFC and I love mixed martial arts.

Incident #: 1.9.72

Dear Me:

We write on behalf of Bodog Entertainment Group S.A. ("Bodog"). Bodog owns the BODOG trademark (the ?BODOG Mark?), for which Bodog holds various trademark rights ? including U.S. trademark registration 2,930,682. The BODOG Mark is well-known and famous; it is used to provide online wagering & gaming services, gaming educational services, as well entertainment properties in various other fields. The BODOG Mark is used in (among others) the www.bodog.com and www.bodog.net Internet domain names, which are also well known.



It has come to our attention that you are currently operating a web site at http://www.bodogfighting.us/, a domain name that infringes the BODOG Mark (the "Infringing Domain Name"). You are using the Infringing Domain Name to redirect Bodog's existing and potential customers to the web site for your business purposes. More specifically, you are using the Infringing Domain Name to obtain Internet traffic intended for Bodog, by causing Internet users to mistakenly believe that your web site is associated with, sponsored or endorsed by, or otherwise related to Bodog.





Bodog did not authorize your use of the BODOG Mark in the Domain Name. Bodog is neither affiliated, connected, nor associated with you, and neither sponsors nor endorses your business. Thus, your unauthorized use of Bodog?s intellectual property may constitute, among other things, trademark infringement, trademark dilution, false designation of origin and cybersquatting ? in violation of various international and U.S. laws, including 15 U.S.C. ? 1125(a), 1125(c) and 1125(d).



Bodog would prefer to resolve this matter amicably, if such a resolution can be reached promptly. To avoid the necessity of Bodog taking additional action to protect its intellectual property, Bodog demands immediate written confirmation that you will comply with the following terms:

1. IMMEDIATELY AND PERMANENTLY CEASE USING THE http://www.bodogfighting.us/ DOMAIN NAME AND ANY OTHER DOMAIN NAME INCORPORATING BODOG?S TRADEMARKS OR ANY VARIANT THEREOF;

2. IMMEDIATELY TAKE ALL NECESSARY STEPS TO TRANSFER TO BODOG (OR ITS DESIGNEE) THE REGISTRATION OF THE http://www.bodogfighting.us/ DOMAIN NAME AND ANY OTHER DOMAIN NAMES WITHIN YOUR CONTROL THAT INCORPORATE THE ?BODOG? MARK OR ANY VARIANT THEREOF, INCLUDING (A) UNLOCKING THE DOMAIN NAME (B) PROVIDING US WITH THE AUTHORIZATION CODE FOR THE DOMAIN NAME; AND (C) SUBSEQUENTLY EXECUTING ANY EMAILS OR OTHER DOCUMENTS TO EFFECTUATE THE TRANSFER; AND



3. AGREE NOT TO USE ANY NAME, MARK, OR DOMAIN NAME WHICH INCORPORATES THE ?BODOG? MARK OR ANY VARIANT THEREOF, OR INFRINGES ANY OTHER TRADEMARK OR OTHER INTELLECTUAL PROPERTY OWNED BY BODOG.

You must provide us with written assurance that you will fully comply with Bodog?s demands within forty-eight (48) hours of the date of this email. Should you fail to comply, Bodog stands ready to pursue its available legal options.

The demands made herein are not made to the exclusion of other rights or remedies to which Bodog is entitled, and nothing in this letter, nor any act or omission by Bodog, shall be construed as a waiver of any right or remedy possessed by Bodog, all of which are expressly reserved.

Your prompt attention to this matter is appreciated.

Best Regards,

Legal Department
Bodog? Entertainment Group S.A.

 

Yup - Time to hand it over

Next time don't infringe ...........

 

facial!!!!!!!

 

Sorry Dude, it's done.

 

well how much does it cost them to make me stop?
the site is not for business as it says. It is only for entertainment. there are no ads at all

 

Its a trademark and you are also picking a fight with a gambling company. My guess is that money is no question to them when it comes to protecting their trademark name.

If you are wise, shut it down and move on.

 

No dude.........Its more like how much will it cost YOU , if you try to play games......

Trust me , Just hand over the domain, Don't try to toy with these LARGE companies.......

 

maybe a lil compensation?

 

LOL!Dude, they have in house legal, it won't cost them anything.
If you poke at a bear with a stick, it will get you on the second poke.

If it costs you, $2500 in legal fees,(Just to appear at the preliminary) and a few days of missed work, travel time, and such, and the frustration, just to stop using it, or have to hand it over anyway, how much will YOU loose?

 

facial......

 

For ripping off a trademark? It will be you paying them the compensation.

 

ppshh i am not ripping of the trademark with bad intentions gimp.
there are plenty of fan sites that use the organizations name in the domain. like http://ufcmania.com , http://arsenalfcblog.com/ , http://www.nbace.com/ and tens of thousands of others.

 

ufc obviously doesn't mind having fansites use it's trademark. Bodog does.

You can't win this one. Period. Comply with the order and hand over the name.

This isn't to say that you can't have a bodog fan site. you just can't have one with bodog in the domain name.

 

As nearly everyone said, hand it over. Sorry dude.

 

Yes, but you were asked to stop.
The bottom line is, if it is worth a fight to you, then do it, but you will spend thousands of dollars and will probably loose.
Is that domain is worth that much to you just so you can walk into court in a few months to say:
"But everyone else is doing it."
Then take up the fight brother.

They can drag you into bankruptcy from their private planes talking to their attorneys on satellite phones and never show up in court.
...and take years doing it, just to make an example out of you.

It's up to you, if you got that kind of coin do it, but if you did, you wouldn't be asking us for legal advice, you would have your own in house also.
JMO

 

Nope, and by even posting that comment, you are creating evidence of your bad faith use of the name.

Let it go.

 

Gimp?

Actually, keep your site and make sure to tell them your decision.

 

It’s not worth the aggravation or the money it would cost you in legal fees. You should just hand it over and start a new site without the use of their name. Mixed Martial Arts Fans.com or something. Good Luck

 

Yea , Just ignore our professional advice and start promoting the site heavy

BUT - make sure to keep us updated on all the drama,

You not giving up the domain will make this thread way more interesting

 

Just a thought to throw out here

It seems like they're going after just you and not bodogfighting.com owner or any of the others. It's just a thought though if they wanted to fully protect their trademark they would be attempting to scoop the others as well. Same name even more popular tld's. Could this be a case for an arguement I'm not sure. Right now the .com is only parked but if you were to say just park your domain rather than have a fan site or make it about something totally unrelated would they be able to do anything I'm not sure.