A legal issue, PLEASE help

[JamesDavid]

I just got a copyright infringement email from PRIMERICA.com. I own the dotUS version of this name. When I bought this name I bought it with NO knowledge that a company even existed with this name. I bought the domain because I have been investing in spanish dotUS names... Primerica is spanish for "first", I also own names like propiedadesDOTus which is "properties" in spanish... anyways after I bought the name I just forwarded the name servers to a parking company and then added the domain there. I DID NOT add any keywords as this company automatically does it, i did not edit the page, heck I didn't even look at the page until today just to find out that my links are stuff like primerica financial etc....

Now they want me to turn the name over to them... granted it is not a great name but it is a name i would like in my portfolio and that I paid for. Would I have any chance of keeping this name or will this end with me getting a lawsuit against me?

Thanks

 

[Kate]

I DID NOT add any keywords as this company automatically does it, i did not edit the page, heck I didn't even look at the page until today just to find out that my links are stuff like primerica financial etc....

Ouch.

Indeed you don't control the advertising feed but the ads are just enough to establish 'bad faith'. You could easily lose a WIPO... plenty of examples.
Now that you've unparked the name you can reply you have fixed the issue but it may be too late. If they want to seize the name they definitely can IMO... good luck

 

[tricolorro]

I just got a copyright infringement email from PRIMERICA.com. I own the dotUS version of this name. When I bought this name I bought it with NO knowledge that a company even existed with this name. I bought the domain because I have been investing in spanish dotUS names... Primerica is spanish for "first", I also own names like propiedadesDOTus which is "properties" in spanish... anyways after I bought the name I just forwarded the name servers to a parking company and then added the domain there. I DID NOT add any keywords as this company automatically does it, i did not edit the page, heck I didn't even look at the page until today just to find out that my links are stuff like primerica financial etc....

Now they want me to turn the name over to them... granted it is not a great name but it is a name i would like in my portfolio and that I paid for. Would I have any chance of keeping this name or will this end with me getting a lawsuit against me?

Thanks

Primero is the Spanish word for First.

Please show a link to any spanish/english dictionary that shows
PRIMERICA as meaning "first".

You registered a domain that is a registered Trademark...whether you knew it or not.

Do yourself a favor and turn the domain over to them.

Patrick

 

[JamesDavid]

Primero is the Spanish word for First.

Please show a link to any spanish/english dictionary that shows
PRIMERICA as meaning "first".

You registered a domain that is a registered Trademark...whether you knew it or not.

Do yourself a favor and turn the domain over to them.

Patrick

http://www.google.com/translate_t#es|en|primerica%0A

 

[Marck]

Interestingly, every single link on the first page of google for the term belongs to that company.

 

[tricolorro]

http://www.google.com/translate_t#es|en|primerica%0A

Hi SMBGeek,

Do you speak spanish?

I believe you registered the domain innocently.

And I know Google's translation of primerica from Spanish to English
shows the result as: first.

But it is not correct.

Remember math in school where you found a result but then had
to "prove" it?

Result:
Google's result: "primerica" is spanish for "first" in english.

Let's prove it:
Then first in english should be "primerica" in spanish.

Is it?

Using the same Google translation tool, you will see that the english word
"first' translated to spanish is: "primero".

Just as I told you in my earlier response.

More proof?

Using the same Google tool ,click on the link on top of the page that says: 'Dictionary'.

Next page, select 'Spanish to English' from the drop down box.

Then type in "primerica" .

This is Google's result:
"No dictionary translations were found for: primerica in Spanish "

Primerica is NOT in the Spanish dictionary...because it's not a
spanish word.

Select 'English to Spanish' and type in "'first" ,and the result is
once again "primero".

Patrick

 

[mibworld]

I live in an Spanish speaking country an my mother language is Spanish, so I can confirm that the correct translation of First to Spanish is Primero. Primerica does not have any meaning in Spanish. I think it's a made up word, maybe a combination of Primero and America. My suggestion is that you transfer the name to them or let it drop as it's clear that you are violating their TM.

 

[Dave_Z]

Hi SMBGeek,

Do you speak spanish?

I believe you registered the domain innocently.

And I know Google's translation of primerica from Spanish to English
shows the result as: first.

But it is not correct.

Remember math in school where you found a result but then had
to "prove" it?

Result:
Google's result: "primerica" is spanish for "first" in english.

Let's prove it:
Then first in english should be "primerica" in spanish.

Is it?

Using the same Google translation tool, you will see that the english word
"first' translated to spanish is: "primero".

Just as I told you in my earlier response.

More proof?

Using the same Google tool ,click on the link on top of the page that says: 'Dictionary'.

Next page, select 'Spanish to English' from the drop down box.

Then type in "primerica" .

This is Google's result:
"No dictionary translations were found for: primerica in Spanish "

Primerica is NOT in the Spanish dictionary...because it's not a
spanish word.

Select 'English to Spanish' and type in "'first" ,and the result is
once again "primero".

Patrick

Not to mention it says Google Translate Beta.

 

[DeenaEsq]

SMB,

I'm afraid you're in trouble with this one. If I were you, I'd turn the name over immediately before they get any ideas. You could be held liable for trademark infringement and cybersquatting. It's not worth it for the price of a domain name.

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.

 

[labrocca]

After reading this thread I have a hard time believing your story about how you came about the name.

I do have to ask...what were your plans for the domain? What will you lose by giving it up? What will you gain by keeping it?

To me...this is a no-brainer. Give them the domain.

 

[Wearing Grey]

As many have pointed out, primero would be the correct translation.

Since this word seems to not have any meaning....I would go ahead and hand it over.

Don't worry, .US is still gaining steam so you have an opportunidad para encontrar mas dominios en espanol!

 

[weblord]

correct.

Translation: English » Spanish

Primero

my advise to op is surrender it to it's rightful tm owners.

Hi SMBGeek,

Do you speak spanish?

I believe you registered the domain innocently.

And I know Google's translation of primerica from Spanish to English
shows the result as: first.

But it is not correct.

Remember math in school where you found a result but then had
to "prove" it?

Result:
Google's result: "primerica" is spanish for "first" in english.

Let's prove it:
Then first in english should be "primerica" in spanish.

Is it?

Using the same Google translation tool, you will see that the english word
"first' translated to spanish is: "primero".

Just as I told you in my earlier response.

More proof?

Using the same Google tool ,click on the link on top of the page that says: 'Dictionary'.

Next page, select 'Spanish to English' from the drop down box.

Then type in "primerica" .

This is Google's result:
"No dictionary translations were found for: primerica in Spanish "

Primerica is NOT in the Spanish dictionary...because it's not a
spanish word.

Select 'English to Spanish' and type in "'first" ,and the result is
once again "primero".

Patrick

 

[JamesDavid]

thanks everyone. Now that I know not to trust google translation..... I will surrender....

After reading this thread I have a hard time believing your story about how you came about the name.

I do have to ask...what were your plans for the domain? What will you lose by giving it up? What will you gain by keeping it?

To me...this is a no-brainer. Give them the domain.

I picked this up at TDNAM off an expired name... I went through a short period of buying one word spanish dotUS names, i dont know about everyone else but as a domain buyer i go in spurts all the time.....

I will give up the name, especially now that i know its not a word....

 

[flamewalker]

You should tell them you were misled by the google translator (and provide the link) and believed you had purchased a one-word spanish term, and that you will be willing to turn it over in exchange for an agreement in writing that they will not pursue you over this name in any other avenue (UDRP or court).

Just IMO, cause if they wanted to be jerks they could still UDRP or sue under ACPA. Both very costly to them and not likely.