GoDaddy Email me regarding TM infringement

[GiddyUp]

I got an email from Godaddy today saying that some of my names infringed on a TM, the email was forward to them from Verisign and then Godaddy sent it to me. They said they would delete it in 48 hrs if they heard no response, so I responded telling them to go ahead and do it as I'm unfortunately in the wrong on this one. Anybody else ever get contacted this way and what did you do?

 

[aliengg]

transfer it out of country. don't give a dam

 

[robertjr]

:lol: My little brother got on a kick(not really understanding what he was doing, as he is new to this) and regged several and GoDaddy sent him the same email. I told him that they did him a favor and saved him some money and that he should appreciate it, since most of the time GoDaddy is just after your money. :notme:

 

[DNQuest.com]

transfer it out of country. don't give a dam

Irresponsible posting. Please read up on Tms and domains.

 

[willer009]

:lol: My little brother got on a kick(not really understanding what he was doing, as he is new to this) and regged several and GoDaddy sent him the same email. I told him that they did him a favor and saved him some money and that he should appreciate it, since most of the time GoDaddy is just after your money. :notme:

I also received an email from Sedo saying that one of my names infringed on a TM, the email was forward to them from Afternic. After a mail discussion with Afternic represenative we got an agreement. I gave the name to them for membership fee.

 

[ukguy]

transfer it out of country. don't give a dam

hehehe... good answer Seriously though... don't do that boys and girls!

 

[Lasher]

Avoiding debates on the rights and wrongs of TM domains, this seems to me like GD overstepping their bounds. They have a responsibility to co-operate with UDRP resolutions both in helping identify the registrant and turning over the domain if a decision is made against the registrant. They are not law enforcement and even if it might SEEM to them that a case is black and white they are not in recognized position of authority to make that call. Deleting a customer's paid for domains within a ridiculously short period as 48 hours (ever heard of people taking a vacation Bob?) with no response is just one more reason why I tolerate holding a GD account only because a lot of aftermarket domains I buy are there and then I transfer out on day 61.

Don't even get me started on the hypocrisy of ranting about domain kiting while auctioning off your customer's domains before they're even out of redemption and 'testing' the traffic so that you can set a higher minimum bid for those getting hits

 

[Spade]

GoDaddy sends out the TM emails only if they recieve a valid complaint from a TM holder - They do this based on their legal department (several high priced in house laywers - one of them an incredibly attractive red head) Having worked there for over a year - I can assure you that it does happen quite frequently. Many times from major brands. Based on the TOS you agree to when you opt in for service, this is what gives them the right. But the truth of the matter is that if you are in violation of a TM - you do need to relinquish that domain name. With GoDaddy you do have the right to challenge the deletion - the email simply is designed to get you to react within a timely manner.

 

[Lasher]

But the truth of the matter is that if you are in violation of a TM - you do need to relinquish that domain name. With GoDaddy you do have the right to challenge the deletion - the email simply is designed to get you to react within a timely manner.

Oh I agree, absolutely, my issue is with GD appointing themselves judge and jury and "granting you" 48 hours to respond. There are established mechanisms for TM holders to protect their rights and those mechanisms give people a lot longer than 48 hours to respond. At the end of the day you're right though, you bend over when you click their TOS and then just brace yourself and wait....

 

[dna]

Violation of a trademark does not mean you have to relinquish a domain name.
Companies can trademark anything, but thoses trademarks are not
necessarily enforceable. Godaddy acted inapropriately.
GiddyUp has rights too and Godaddy should respect them.

 

[Dave_Z]

GiddyUp, could you post a copy of that email? Something doesn't add up.

 

[MrPasha]

GoDaddy sends out the TM emails only if they recieve a valid complaint from a TM holder - They do this based on their legal department (several high priced in house laywers - one of them an incredibly attractive red head) Having worked there for over a year - I can assure you that it does happen quite frequently. Many times from major brands. Based on the TOS you agree to when you opt in for service, this is what gives them the right. But the truth of the matter is that if you are in violation of a TM - you do need to relinquish that domain name. With GoDaddy you do have the right to challenge the deletion - the email simply is designed to get you to react within a timely manner.

one of them an incredibly attractive red head

That wouldn't by chance be her on GD's home page, would it Justin?

 

[GiddyUp]

I deleted the e-mail, sorry. It was from godaddy and had been given to them by Verisign, because the owners of the TM contacted Verisign regarding the infringement, and they in turn contacted me.

 

[Ronald Regging]

I think as long as they give you a way to refute the claim, its alright, though I do agree that 48 hours is far too short a period of time. I think there should be ICANN policies governing these types of things. Maybe there are, but maybe GoDaddy uses their TOS to add additional clauses, much like the 60 day change of ownership info bit... Something as important as this should be a clearly defined process which is required to be the same at every registrar.

 

[fonzie_007]

I'd be leery--it could be a scam. Person could be trying to get you to delete the domain so he/she can reg it. I've never heard of GD sending out emails like this before.

 

[GiddyUp]

fonzi, this is true and i did consider that. However, I responded to the email from the godaddy rep and we conversed a few times back and forth and she told me that they only forwarded the information and gave me an email address at verisign to contact. i sent an email to them simply saying if it was a trademark infringement and they had the right to delete the name, then go ahead and do it. I still have not gotten a response

 

[cache]

this does not sound right. Why would verisign wants to be involved and acted as police?

 

[IAmAllanShore]

As Dave alluded to, that just doesn't make sense... Check your sent box for a copy of an outgoing message with the original attached, or just email your rep and ask for a copy of the email again.

And everyone, almost the worst idea I've ever seen:

transfer it out of country. don't give a dam

Like that works :td:

-Allan :gl:

 

[aliengg]

Did I say that? Oh I did...
LoL!!

 

[Scorpio]

Is it for .de ?

Its not verisign , its the proxy admin who has provided u with u with german local admin contact that does not want to provide this service any longer on your names.

Dear registrant,
my name is Thomas and I am the proxy admin contact for the
above domain name.

German courts have held Admin-Cs liable for domain names infringing
third parties' rights and therefore we are not willing to further act
as Admin-C for this domain name for legal reasons.

Should you still be willing to keep up the domain registration,
pleaes have me replaced as Admin-C until Monday, December 4th, 12.00 CET.

Should the Whois data not be updated by then, the domain names will
be deleted.

Thank you for your understanding.

Best regards,
Thomas