zantrex-3.info - is it "cybersquatting" and infringement?

I own www.zantrex-3.info and just got paperwork fedex'd to me in the mail from zoller labs saying im cybersquatting on their domain and they gave me 10 days to release it or "more formal action" would be taken...

I really don't just want to give up the name, so my question is do they have legal right to take it from me?

If anyone has any actaul references or links to applicable laws that would be great....


Thanks,
yo-yo

 

I think you are on the losing side of this legal battle. I'm sure the name is trademarked, and you would have a tough time proving that you were using it for something different in court.

Just my opinion, not legal counsel.

Brandon

 

Do you have a legitimate reason for having the site? Are you using it for commercial purposes currently?

I hate just caving in to legal-ish letters. I would wait for more formal action, or contact them to find out what "more formal action" specifically is. Is it... give it to me or... I'll send you another letter and this time it will be certified! or is it... give it to me or... I'll sue you so quick and so hard that your grandchildren will still be working off the debt.

 

Yes. I'm an affiliate making sales on the product.... But i never claim to actually be them. What if i added something like "this site is in no way affiliated with zoller labs" type of deal?

 

Are you a Dnforum member? They have a board for this kind of stuff

 

Don't they charge to be a member?

 

That really sucks

What if i were to change the registration to private? Or move it to an overseas registrar where american laws are disregarded?

I'm only using the domain to help promote their brand/product..

 

Using it for a commercial service which pushes the sale of their product or a competitors is pretty much a surefire sign that your domain will get taken if they decide to take legal action against you.

If you had something else up there, or if you had registered it prior to their trademark you might have a leg to stand on, but that's pretty much a no no. However, there are plenty of other people doing the same thing out there, so maybe there is an argument to be made, but I can't see it.

I don't think moving it overseas would help you any.

 

What Must a Mark Owner Show to Win a Case of Cybersquatting?
The plaintiff must prove the following elements:

The Defendant has a bad faith intent to profit from that mark, including a defendant name which is protected as a mark;

registers, traffics in, or uses a domain name that--
(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or

(III) is a trademark, word, or name protected by reason of 18 U.S.C. § 706 (the Red Cross, the American National Red Cross or the Geneva cross) or 36 U.S.C. § 220506

The key element that must be proven is that the defendant has a "bad faith intent to profit from the mark." ''Traffics in'' refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration.

http://www.keytlaw.com/urls/acpa.htm#What Must a Mark Owner Prove


Now I dont know much about legal mumbo jumbo.. but i don't think i have any "bad faith" with the domain... but I can see how it is "identical or confusingly similar" to theirs..

 

The only thing you can argue is that end users never confuse .info's with .com's, but that's a pretty weak argument when you get in front of a judge. You certainly intend to profit from the domain, and you are using their trademark in the domain name. (assuming it is a registered trademark).

Here's what you can do...
1) put off the domain closure as long as possible.
2) you don't have to give the domain to them. They should at least pay a standard registration fee if they want ownership of the domain.
3) 302 your site to a new domain to protect what rankings you do have.
4) hope that they don't want to go after you for more than just the domain.
5) you can consult an attorney, but it may not be worth it depending on how much income it provides for you.

 

I think this link should probably provide the information you're looking for:
http://www.chillingeffects.org/domain/

 

Current dispute about simular topic, expect the 'accused' squating site isn't using the name to market the product(which in this layperson's option means you are going to lose).

http://www.eff.org/news/archives/2005_06.php#003765

hth,

tom