DNcoupons.com legal matter

[Shane]

Hello,
I have recentally bought DNcoupons.net thinking i shall make it into a good coupon site ect. But MellowMasher said i should contact the owner of DNcoupons.com first.

I did and the email log read as:

----- Original Message -----
From: "shane hudson" <[email protected]>
To: <Removed By Request>
Sent: Thursday, October 25, 2007 3:10 PM
Subject: DNcoupons


Hello,
I am a domainer and i decided to register and develop a
website with domain name coupons on it. After many whois searches
i found that DNcoupons.net was available so i registered it and
am in the process of developing. Just now i was advised to
contact you as although you do not own a trademark, it is still
not very ethical to use it.

So, i would like your permisson to carry on developing this
wonderful name. I WILL NOT use this to make money or steal any of
your traffic. I just like helping people and i know that it took
me a very long time indeed to find a good coupon site. If you
would like i will link my site to yours and we could affiliate or
something?

Thank you very much for reading this and I would appreciate a
reply.

Shane Hudson

----- Original Message ----
From: <Removed By Request>
To: shane hudson <[email protected]>
Sent: Thursday, 25 October, 2007 9:29:55 PM
Subject: Re: DNcoupons

Unfortunately, if you feel that sending an email will make any
legal issues you may face as a result of registering
<dncoupons.net> go away, you are mistaken.

- DNCoupons


What should i do? He has no trademark or anything but is still trying to threaten me with legal issues!

Thank you

 

[Shane]

First, you squatted adn he does not have to give a damn penny if he does not want to.

Second, DO NOT listen to Serin (Serin, do some research here in legals and you will know why I said that).

Third - You made your intent known, you admit to knowing the TM, you admit to offer a competing service, you even state you are a domianer (as oppposed to a web developer) and YOU PUT IT IN WRITING. Though you thought you were doing the right thing, all you did was load him up with ammunition.

Forth, learn the consenquences of squatting.

Fifth and final, chalk this up to a learning experience, sometimes it is better to swallow the reg fee and move on. Now you know what not to do.

I had never heard the term "squatting" used in domaining before this.

It is a very needed experience. The thing he, i dont see how he can do anything as he DOES NOT OWN A TM.

 

[Domagon]

TMs do NOT have to be registered to be enforceable / to cause trouble.

The TM database is NOT a glorified Whois - in most countries one does NOT have to register their TM ... and often many don't for whatever reasons.

Dump the domain, get something else (guess my two name suggestions above were no good?), and move on.

Ron

 

[DNQuest.com]

DNQuest's comments got me even rethinking how I saw the situation :o While brash, it does get the points across;

Hence the method to my madness... It is more shock value than mean-spirited.

I had never heard the term "squatting" used in domaining before this.

Lonely, may I kindly suggest you read my sig?...

 

[Mark]

You dont want to lose the registration fee ? You should have done some research before registering If I'm reading this right .... I can't think of any reason for someone to Reg the .net version without checking the .com first.

If he doesn't want to pay you for it - Thats your loss IMO , Redirect it to his site and let it drop at expiration time if it's too late to cancel it now. People shouldn't have to register every domain extension under the sun to protect their Brand.

 

[Peter]

It is a very needed experience. The thing he, i dont see how he can do anything as he DOES NOT OWN A TM.

Have you actuially read this thread and also looked at the links provided. I will only say this 1 more time. TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE. All he has to do is prove that he was using the trademark before you registered the domain. As you only registered the domain 2 days ago that is not exactly difficult.

If you are unwilling to take and follow advice please don't ask for it.

 

[RJ]

It is a very needed experience. The thing he, i dont see how he can do anything as he DOES NOT OWN A TM.

Have you actuially read this thread and also looked at the links provided. I will only say this 1 more time. TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE. All he has to do is prove that he was using the trademark before you registered the domain. As you only registered the domain 2 days ago that is not exactly difficult.

If you are unwilling to take and follow advice please don't ask for it.

What a time waster this thread has been. I don't know how many times people have to say it. Hopefully this should do it.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

 

[DNQuest.com]

What a time waster this thread has been. I don't know how many times people have to say it. Hopefully this should do it.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.

TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.


But I have a question, I know it does not have to be registered to have a TM ( I read that somewhere) , but what form do I need to fill out if I don't want to register it?? bwah ha ha (people notice the evil laughter and the sarcstic nature behind the statement,. guess what TRADEMARKS DO NOT HAVE TO BE REGISTERED THEY CAN BE ACQUIRED THROUGH USAGE.).

 

[Shane]

Ok, so even if its not in the trademark database thing, it can still have a trademark?

 

[DNQuest.com]

Ok, so even if its not in the trademark database thing, it can still have a trademark?

I am hoping this is a joke... please, for he love of God (or whomever your higher power may be) , let this be a joke... :explodinghead:

 

[Devil_Dog]

Ok, so even if its not in the trademark database thing, it can still have a trademark?

USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE USAGE

 

[.X.]

Read RJ's post, It says it all.

I always find it hard to believe, that people actually want to copy some thing, Some one else has developed, Much less copy their domain name, HUGE slap in the face.

If your objective is to have a domain name coupon service, why can't you lay out your own project?

People who use sound ethics in this business, will be around much longer.

 

[RJ]

Registration of a trademark, while highly recommended, is optional.

 

[FreshAvails.com]

Drinking Good Beer, While Optional, is highly recommended

 

[Ronald Regging]

The concept is about as hard to grasp as The Hokey Pokey...

 

[Shane]

I am hoping this is a joke... please, for he love of God (or whomever your higher power may be) , let this be a joke... :explodinghead:

lol you got me lol


I have pushed this name to Webfreak, i really didnt want legal problems.

 

[Michelle]

I have pushed this name to Webfreak, i really didnt want legal problems.

:tu:

 

[lazyleo]

ahh finally a happy ending :D

 

[Shane]

not too happy, i still lost my much needed money lol but at least im not in court!

 

[neroux]

not too happy, i still lost my much needed money lol but at least im not in court!

Well, I gave you a serious advice but you have apparently chosen to ignore it.

 

[maximum]

Registration of a trademark, while highly recommended, is optional.

Drinking Good Beer, While Optional, is highly recommended

I needed that this morning