Brand abuse of trademark AXA (L a b a x a . com)

[Brandzilla]

Hi All,

I received the following email today re. Brand abuse of trademark AXA for the brandable name that I own, l a b a x a . com. Wanted to get your thoughts whether a trademark like AXA is able to claim trademark protection over all brandable (or other) names ending in "axa" (which I assume is a huge amount). I have traced the whois back to the legal department of the company, so it does not appear prima facie to be a scam.

Would anyone take this seriously? Go so far as to delete the name, or similar?

See email below:

Dear Registered Domain Owner,

AXA is the owner of the well-known trademark and trade name AXA. As you are no doubt aware, AXA is the trademark used to identify products, services, activities and events related to AXA Group Companies.

In connection to AXA proprietary rights over its famous trademark we bring to your attention the following:

1) You have registered, without AXA’s authorization, the domain name 'l a b a x a . com'. The Domain Name incorporates the famous AXA brand in its entirety, and, by its very composition, suggests AXA Group’s sponsorship or endorsement of your website and correspondingly, your activities.

Your use of a Domain Name that incorporates the famous AXA trademark in its entirety constitutes trademark infringement and dilution of AXA trademark rights and unfair competition. Your use of our mark in the Domain Name is diluting use because it weakens the ability of AXA trademark and domain name to identify a single source, namely AXA. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between AXA Group and you, which tarnishes the goodwill and reputation of AXA Group’s products, services, and trademarks.

In view of your infringement of our rights, we must demand that you will:

1. Immediately discontinue any and all use of the Domain Name;
2. Immediately and permanently refrain from any use of the term AXA or any variation thereof that is likely to cause confusion or dilution;

We appreciate your cooperation in this matter.
Sincerely,


AXA Group Department / Brand Protection

 

[Adrian M]

Relaxations, Axal

http://www.wordfind.com/contains/Axa/

I can't give you any advice but if I got that I wouldn't worry about it.

 

[Adrian M]

...

 

[Brandzilla]

Relaxations, Axal

http://www.wordfind.com/contains/Axa/

I can't give you any advice but if I got that I wouldn't worry about it.

Thanks for that. I am not too worried myself. But this is my first experience with Trademark-type issues, so worth getting some opinions. Surely thousands of other domain owners got this same email.

 

[5dots]

I don't see any TM infringment in general as well.
Might be problematic if using it for a similar service field and then highlighting the A X A.

In the following thread we discussed some much more "risky" cases.
https://www.namepros.com/threads/can-i-sell-a-ca-which-is-a-huge-online-company-in-com.887177/

Might be of interest for you.

 

[Adrian M]

That said, is it worth a fight with them?

I'm imagining a group of well paid, well educated lawyers sitting around drinking coffee looking for something to do! Would it be fair to sell that do domain to someone knowing it's on their radar?

Just some thoughts. Unless I loved the domain I would probably avoid the hassle.

 

[5dots]

That said, is it worth a fight with them?

I'm imagining a group of well paid, well educated lawyers sitting around drinking coffee looking for something to do! Would it be fair to sell that do domain to someone knowing it's on their radar?

Just some thoughts. Unless I loved the domain I would probably avoid the hassle.

Good question. And I assume it really is as you say.
On the other hand: Will they risk of going against the domain holder in a case that vague?

They might bring free publicity to the domainer, get bashed on the net, look exactly like that type of lawyers you described...which they definately don't want to.

I personally do think that everybody should play by the rules, no matter whether big or small.
Just being scared of a big company is not a good reason to drop your own work.

 

[andom]

I think that the problem may be that Godaddy is showing insurance related ads on l a b a x a . c o m, that it is clearly a violation

 

[frank-germany]

AXA is a very big insurance company in germany
I don't know if it's them fighting you

originally they have no rights to claim
baxa com in my opinion

but they still might fight

as you are directing the domain to an eventually TM effecting site
you may want to ask a lawyer

If you want to sell the domain PM me!


---------
I am no laywer
no legal advice

 

[LucidDomains]

Tell them to initiate a UDRP and lets see what the committee decides.

 

[enlytend]

TM infringement is all about usage. The name in itself would probably not have gotten their attention. The insurance ads running on it are why you got that letter - they open up the possibility that you are causing confusion with their brand.
They're not asking for the name, sounds like they may be ok with you setting it so it doesn't resolve or points to a blank page.

 

[Adrian M]

TM infringement is all about usage. The name in itself would probably not have gotten their attention. The insurance ads running on it are why you got that letter - they open up the possibility that you are causing confusion with their brand.
They're not asking for the name, sounds like they may be ok with you setting it so it doesn't resolve or points to a blank page.

It think that's the best view so far. Sorry, I didn't check out what is on the domain.