Freephotopost.com Question.

[shanee86]

I am wondering I own http://freephotopost.com or freephotopost.com notice the photopost in it. I am wondering should I be worried about getting in trouble for having this domain? Because it has photopost in it? Also I know alot of site's that have like google yahoo etc in it so should I worry or what?

 

[Palyriot]

is photopost a trademark?

 

[shanee86]

Ohm I guess you know photopost.com the image script site or whatever. I have no idea if it is a trade mark though.

 

[shanee86]

A update got another email here it is:

Shane,

I'm contacting you again about this domain. I suggest you retain an
attorney and point him/her to U.S. Trademark Registration Serial #78441242,
our registered trademark for "PhotoPost". Your use of our mark for image
hosting is unlawful, just as it would be unlawful for you to register
freecoke.com and use it to market beverages.

We request that you cease using the domain and agree to transfer it to us.
We understand that you paid the domain's previous owner $XX to purchase it.
To settle this dispute, we will agree to pay you $XXX to "purchase" all
rights to the freephotopost.com domain from you. If you do not agree to
this, we will advise our attorneys to take legal action to reclaim the
domain.

Thanks,

I am wondering what I should do. I told them to send all legal documents etc to my home address and I will have a look at them then choose what to do. But I am just wondering do I have a case etc?

Also I am also wondering if I say ok and accept there money offer for it, will be cybersqauting and can I get into trouble for accepting?


I did a search and found this http://tess2.uspto.gov/bin/gate.exe?f=doc&state=v19gef.2.1 I am thinking it might be a trademark but I heard it is fine if it is at least 3 letters away etc. Plus I am not selling anything and not using there name etc?

 

[Devil_Dog]

Graciously accept the xxx and move on and be thankful they've at least offered to buy the domain and not DEMAND it.

 

[shanee86]

I was thinking that but that domain brings in alot from such as google and probably more then that amount they said ina few months. Also like I said I am worried about accepting there offer why because that could be cybersquating? Because that would be like asking for money for it I am not sure?

 

[shanee86]

I need some more advise anyone else?

 

[trigatch4]

My Advice

I would suggest you make sure they are from the actual photopost.com Ask them to give you proof. It could just be some scammer that wants your domain.

If it IS in fact someone from photopost.com, graciously take the money and move on. You will lose the case and it will be a headache anyway. And, might I remind you, you'll have to pay thousands and thousands in lawyer fees.

Goodluck!

 

[shanee86]

Yea I left out the footer of the letter for privacy but it did say so and so CEO of photopost or whatever. But yea I agree I make more then that from google sometimes but I am not sure what site for sure it is from. But anyway yea like I posted I told them to send my all legal docs etc to my home address via snail mail and I would look at them and then send to my lawyer and decide from there. But anyway I think I should take the money lol. But I am wondering if that would be cybersqauting or something and it could be a trap?

 

[Flaresolutions]

As trigatch said, make sure it is actually photopost contacting you. Other than that just take the $xxx offer and leave it. You can easily pick up 2-3 decent image hosting domains at that price, just look in the "domains for sale" forum. You dont have a leg to stand on if it is photopost and you should praise them for offering you that figure. One thing I just realised though is.. how would they know you picked it up for $xx, and even so, why include that as it is irrelevant? I'd sell either way, even if it is someone else trying to get the domain it is worth that much in my eyes.

 

[DNQuest.com]

Ok reality check, you are already a cybersquatter, so I don't understand you fuss about being labeled one if you accept thier offer. You are making money from Google off of thier TM and you have not stated your "rights" to the domain

With that said, how are you using the domain prior to being copntacted? Prior usage would play an important part in determining if your infringement is lawful or not. There is much more involved than the name.

The company is offering to settle, by accepting the deal, you would be clear of them in the future.

 

[shanee86]

I make more then that from google or make more then there offer sometimes. But about weather or not I knew I bought it from a guy that had it since about 2004 and there mark is from 2005 I think. But when he bought it he told me photo post contacted him. I didn't know weather it was really them or not and I thought about it is no big deal like such site's as like googleforums.com plus. They do it but I figured whatever even if they do I can always move it and I just really wanted the site. But anyway yes I told them to send all legal etc to my house. Then I would send it to my lawyer and have him advise etc. I will see.

 

[singx]

From your situation it seems like handing over the name will be more viable, if you really think the word photopost.com is not contributing to your income then probably you are safe, but see if it is really so then you can take the money and build another site without the term photopost in it.

Best of luck!

 

[labrocca]

I really question if that is really photopost attourney sending that email. There is an easy way to check. Ask for the lawyers name and homestate. You can check the registry of lawyers. It's a crime to impersonate a lawyer. Now once you know it's a real lawyer you should email photopost and simply ask... "Does XXX attourney represent PhotoPost? You would like to confirm this please."

I find it very odd an attourney would simply offer you $xxx for a domain that is obviously infringing. I think it's a phishing scam.

 

[DNQuest.com]

I make more then that from google or make more then there offer sometimes. But about weather or not I knew I bought it from a guy that had it since about 2004 and there mark is from 2005 I think. But when he bought it he told me photo post contacted him. I didn't know weather it was really them or not and I thought about it is no big deal like such site's as like googleforums.com plus. They do it but I figured whatever even if they do I can always move it and I just really wanted the site. But anyway yes I told them to send all legal etc to my house. Then I would send it to my lawyer and have him advise etc. I will see.

That's wierd, I thought Photopost has been been around longer than 2005.. Geez, by spending 1 minute, I see they have been around since 2001 and have filed for registration in 2003.... ingorance is bliss

As far as making more money that thier offer, geez again, you mean your making money off of thier hard work and you want to keep using the domain illegally... heck, the store next to me makes more money than me, maybe I should just rob them.

 

[labrocca]

DNQ do you really think this is photoposts attourney?

To settle this dispute, we will agree to pay you $XXX to "purchase" all
rights to the freephotopost.com domain from you.

I just can't see an actual lawyer saying this if they represent photopost. Why would they need to purchase his rights if they are claiming he is infringing?

 

[P10n33R]

Make sure it is actually a lawyer seems a little odd to me.

 

[jberryhill]

You can determine that it is not from a lawyer simply by looking at it. That's not a US Trademark Registration Number, for one thing.

Current Status: Application has been published for opposition.

Date of Status: 2006-03-21

I see they have been around since 2001 and have filed for registration in 2003

Which of the several applications - pending and abandoned - do you mean?

Back to sleep.... ZZZZzzzzzz.....

 

[labrocca]

Just as I thought.

 

[DNQuest.com]

DNQ do you really think this is photoposts attourney?



I just can't see an actual lawyer saying this if they represent photopost. Why would they need to purchase his rights if they are claiming he is infringing?

No I don't, but when he says he will turn it over to his attorney, then I assume he is not an actual attorney.

I was merely pointing out that the comapny has been around longer than 2005 as the OP stated.