Domain issue

[xtempor]

I recently got a letter from a large company telling me i had infringed on its trademark because i was trying to sell the domain.. It was however not being used... It has since been canceled after I found out about the copyright even before the email was recieved. They said i have to pay $4000.. But they got my email through someone else and are sending a letter to domains by proxy where it is registered. Technically they dont have my name and i responded to the email as not being the owner as i am not anymore... What should i do? Im only a college student and dont have that amount of money.. And i didnt know that i had infringed on anyone... Should i be worried about a letter to domains by proxy from an attorney even though the domain is cancelled? Help would be great thanks

 

[Ronald Regging]

I wouldn't worry about it. I'm not sure where they pulled that arbitrary $4000 figure from, but it was probably just a scare tactic. If the domain is canceled already, theres really no reason for them to come after you. Just ignore the email and dont registered TM domains anymore.

 

[DNQuest.com]

Usinag an example from an esteem member here... If I steal a candy bar, then went back and returned, does that mean I did nothing wrong?

Yes, by registering an infringing domain, you are liable for any consequences that may occur, even if you get rid of it. You still committed the act. Yes, trying to sell a TMed can be considered "bad faith" and since you were not using the domain, you had no vested interest in the domain. They would try to show that is a cybersquatting MO.

In reality, by sending them a letter that you do not own the domain, the company may just go away and stop bothering you. Also, in reality, they are not required to leave you alone. If they want to set an example, they can come after you.

I wish you luck.

 

[xtempor]

Thanks

Its really nerve racking

I really dont want to be bothered by this.. It really sucks

 

[Skinny]

Keep us updated.

I think you shouldn't be overly worried, but keep a watch on things. (Not a lawyer)

Skinny

 

[shockie]

i think that if you let them know you don't have it anymore, nor will you register anything like that in the future, then they will leave you alone.

if you didnt make a lot of money off of it anyway, and they continue to bug you, just "suggest" that you might give them bad pr or something of the like. keep us posted!

 

[xtempor]

one more question..

/i expedited the cancellation process as it can be re purchased. Will domains by proxy be able to do anything to protect my name as being an old owner of the website?

Once its back on the market can will they give up my information from a letter from the corporations lawyers?

Guys i am really falling apart because of this.. I am suppose to be graduating this month too. I just dont want to be hasseled. I wish i never registered the damn thing...

i think that if you let them know you don't have it anymore, nor will you register anything like that in the future, then they will leave you alone.

if you didnt make a lot of money off of it anyway, and they continue to bug you, just "suggest" that you might give them bad pr or something of the like. keep us posted!

I didnt make any money off of it. It was just purchased... They are scary though when they say you have to do a b and c and they have won tons of cases...

 

[homebuyer]

layman's inquiry

Where do you live and where is the attorney located? Did you receive a C&D on attorney letterhead?

 

[advaita]

What's the situation regarding registering other extensions of a domain name e.g. I have a domain that you see below in my sig. But I only have the dotcom extension does that mean I can sue anyone who registers the same name with dotnet or dotmobi? If so whats the point of all the extensions?

Or the other way round, can I register the .tv or .mobi of a .com company - It seems weird to me as if you can't do that then it seems the original .com company has the right to all the other etensions and so they should be removed from the market? Does this make sense?

 

[Spade]

What's the situation regarding registering other extensions of a domain name e.g. I have a domain that you see below in my sig. But I only have the dotcom extension does that mean I can sue anyone who registers the same name with dotnet or dotmobi? If so whats the point of all the extensions?

Or the other way round, can I register the .tv or .mobi of a .com company - It seems weird to me as if you can't do that then it seems the original .com company has the right to all the other etensions and so they should be removed from the market? Does this make sense?

THis issue has nothing to with TLD - this is in regards to a trademark only. For example - I own ABC.com and someone owns ABC.net - they are just as entitled to use a generic name like that. (assuming they dont have the name trademarked)

Now say My business is JustinAllenCorp.com and I Sell Widgets. If someone registers JustinAllenCorp.net and puts a parked page that directs towards Widgets that is an infringement on my Mark and is considered Cybersquatting.

In the case that started this thread. It sounds like the registrant registered a domain name that contained another comapnies TM - they came after him as he probably listed it for sale. Thats a violation of the TM held by the main company.

Now, im not a Laywer - not even close to it. So, ignore everything I just said.

Justin

 

[advaita]

In the case of a TM then that seems to imply that only the co. with that TM can register other extensions, in which case as soon as the co. with the trademark registers its first extension, then all the other extensions should be removed from the market as it would then become illegal for anyone else to register them. ?

 

[DNQuest.com]

Advaita, at this point, it is in your best interest to read every thread and every post in the legals section. Spend at least a week reading and rereading all of them. There is so much information there that can be beneficial to you and any other person new to the domain business. It will save you a great amount of time, money and hassles.

 

[Ronald Regging]

In the case of a TM then that seems to imply that only the co. with that TM can register other extensions, in which case as soon as the co. with the trademark registers its first extension, then all the other extensions should be removed from the market as it would then become illegal for anyone else to register them. ?

Basically there are many different categories in which you can file a TM. If I had a business named Hot Cakes, and I sold pancakes (obviously not online...) Anyway, so I file and get a TM in food related category. I register HotCakes.com... My TM is only valid for the category I filed it in. So someone else could come along and register HotCakes.net, setup a dating site, and they would have every right to do that, because they are not infringing on my mark, because it's not the same services/products that I'm offering. If however, someone registered HotCakes.net and sold pancake mix, I could sue them.