NameSilo

After a cease & desist: options?

Spaceship Spaceship
Watch

Monolith

Established Member
Impact
7
To what degree are you screwed after recieving a C&D letter? Assuming the domain is obviously infringing.

Ive got a domain with a trademark in the name thats on a PPC parking page. The infringed company is getting pissy because ive got competitors PPC ads on my parking page. Also, the domain is listed for sale.

Can i put up a noncommercial "info" site about said company, and put myself in the clear? Or am i still liable for the few days that i had a PPC parking page up?

Can the domain be sold to someone else, whereby they accept liability for the infringing trademark? Or am i still liable even if i no longer own the domain?

Can i delete the domain and/or let it expire without transferring it to them (as theyve requested)? Or am i required to transfer it to them?
 
0
•••
The views expressed on this page by users and staff are their own, not those of NamePros.
.US domains.US domains
You are liable for damages to the company right now. This means they can take your domain and any profits you have earned from it along with potential legal fees. No, you can't sell it unless you want to be further liable to the company for damages. If you knowingly let the domain expire and are doing so in bad faith (i.e. to piss off the company), you are potentially liable for damages if someone else picks up the domain.

You are playing fast and loose and got caught. Give up the domain and be happy you will not have to go to court or spend thousands in legal fees.

IMO, the company has a valid right to be "pissy." You are infringing and placing their competitor's ads on your landing page.
 
0
•••
and to add, penalties for cybersquatting is $100,000 per occurance plus punitive damages on top of what the Fonz said.

As far as trying to fake "fair use", you are not and you are caght, I am sure they have screenshots of the site....

Do as they ask, it will save you much trouble in the end.
 
0
•••
Monolith said:
To what degree are you screwed after recieving a C&D letter? Assuming the domain is obviously infringing.

Ive got a domain with a trademark in the name thats on a PPC parking page. The infringed company is getting pissy because ive got competitors PPC ads on my parking page. Also, the domain is listed for sale.

Can i put up a noncommercial "info" site about said company, and put myself in the clear? Or am i still liable for the few days that i had a PPC parking page up?

Can the domain be sold to someone else, whereby they accept liability for the infringing trademark? Or am i still liable even if i no longer own the domain?

Can i delete the domain and/or let it expire without transferring it to them (as theyve requested)? Or am i required to transfer it to them?

all of those big dreams you have on that particular domain in question from now on must cease, they dictate it not you, just let go of it. there are other domains there that will not give you a headache.
 
0
•••
DNQuest.com said:
and to add, penalties for cybersquatting is $100,000 per occurance plus punitive damages on top of what the Fonz said.

As far as trying to fake "fair use", you are not and you are caght, I am sure they have screenshots of the site....

Do as they ask, it will save you much trouble in the end.

Yes, DNQ is certainly right here; cooperation is your best bet.
 
0
•••
Dynadot — .com Registration $8.99Dynadot — .com Registration $8.99
Appraise.net

We're social

Unstoppable Domains
Domain Recover
NameMaxi - Your Domain Has Buyers
  • The sidebar remains visible by scrolling at a speed relative to the page’s height.
Back