NameSilo

Got a cease and desist for a landing page

Labeled as question in Legal Discussion, started by rayman617, Dec 30, 2020

Replies:
30
Views:
2,593

  1. rayman617

    rayman617 Established Member

    Posts:
    454
    Likes Received:
    32
    The domain in question is Music123.net which seems generic enough but is actually trademarked by GuitarCenter which had over 2 billion dollars in sales in 2019. Their lawyer wants me to transfer and I am inclined to do so given then their long standing history and high rank in the market but I have a few points that I would like to put forth to see if anyone thinks they hold any defense:
    1. Music123.net only resolves to a for sale landing page for which to make an offer on
    2. There are no references to music in the pictures or words on the page
    3. I had no knowledge of the brand or trademark before registration
    4. I am a domain name investor and <Music> and <123> are generic terms
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. Samer

    Samer Top Contributor VIP

    Posts:
    11,228
    Likes Received:
    21,877
    Last edited: Dec 31, 2020
  3. rayman617

    rayman617 Established Member

    Posts:
    454
    Likes Received:
    32
    Thanks for pointing that out. Perhaps they are online only now? The email is from a lawyer from MuchLaw.com unless they were able to spoof it. Clicking on his email address opens up a new compose to that [email protected] so I think it is legit.
     
  4. The Durfer

    The Durfer Wesley Sweatman VIP Gold Account

    Posts:
    10,440
    Likes Received:
    15,558
    when did you reg it? You might be ok if you regged it before their trademark date.
     
  5. rayman617

    rayman617 Established Member

    Posts:
    454
    Likes Received:
    32
    Just recently. Do I have any defense with the points in my OP? I think it would stand against a UDRP but maybe not in an actual court case if it goes that far.
     
  6. karmaco

    karmaco Top Contributor VIP

    Posts:
    3,160
    Likes Received:
    8,774
    Number 3 won’t hold water. Its your duty to check trademarks before registering, backorder or auction.

    Number 4 its not generic if there is a trademark. Feeble excuse at best.

    I would turn it over and never reg again without checking trademarks.
     
  7. DirkS

    DirkS Dutchman.info VIP

    Posts:
    7,301
    Likes Received:
    6,608
    Not a lawyer but I would feel comfortable owning this name and would happily await, and defend it on, a possible UDRP.
     
  8. johnn

    johnn WeSellName.com PRO VIP ★★★★★★★★★★

    Posts:
    17,634
    Likes Received:
    7,897
    Just hand the name to them and move on. It's a net and recent registered.
    It's not worth the time and money to fight even if you win.
    Ask yourself a question: how much can you sell it if you win?
     
  9. MapleDots

    MapleDots Restricted (15-30%)

    Posts:
    6,131
    Likes Received:
    13,624
    I usually respond similar to this...

    Although I do not think the domain infringes on your mark I would be willing to transfer it out for a small fee of $250 to cover my overhead expenses.

    Now in most cases this is much cheaper than hiring a lawyer and if they want the domain they will pay the small fee. You can adjust the amount as you see fit but don't get greedy.

    And whatever you do shut the heck up, say nothing to try and justify the domain or anything else, just respond with the one line and that is it. Anything you say can and will be used against you and this is too cheap for them to undertake a long legal matter.
     
    Last edited: Dec 31, 2020
  10. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

    Posts:
    13,872
    Likes Received:
    26,265
    At first glance I would consider Music 123 generic, but I have not looked into any of the TM so they might be in a strong position.

    At the same time, it is not like it is valuable domain in .NET that is worth putting up much of a fight to keep.

    Often these type of emails are automated. I see multiple disputes by Guitar Center, but pretty much all for "Guitar Center" domains.

    I have beaten back several TM threats in the past, but generally for more valuable domains which a company in my view has no rights to.

    I am not sure I would make much effort to fight this honestly. I would probably just hand it over, or ask a nominal amount in my opinion.

    Brad
     
    Last edited: Dec 31, 2020
  11. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

    Posts:
    13,872
    Likes Received:
    26,265
    Looking at the UDRP they have filed...

    1. The Parties

    The Complainant is Guitar Center, Inc., United States of America (“United States”), represented by Much Shelist PC, United States.
     
  12. mr-x

    mr-x Top Contributor VIP ★★★★★★★★★★

    Posts:
    20,789
    Likes Received:
    37,033
    Guitarcenter.com, musiciansfriend.com, music123.com are all the same company. Not worth the trouble imo.
     
  13. Bob Hawkes

    Bob Hawkes Top Member NameTalent VIP Gold Account Trusted Blogger

    Posts:
    7,714
    Likes Received:
    26,360
    This is not legal advice, as I have never been involved in a UDRP or threatened UDRP and only know provisions from casual reading of cases, but this is my personal opinion....

    While it may be possible to make a case defending it, given the breadth of their TM
    "...musical instruments, musical equipment, musical accessories, sound equipment, sound accessories, computer software and printed sheet music and consultation services..."
    it seems to leave pretty narrow other uses for the name, and given that it is a recent hand-reg .net, I agree with those who say defending it is not worth the effort and potential liability.

    I see from HosterStats that someone held the name from 2002 until October of this year. I wonder if they were contacted or if it is something new the company defending it now. I see the term is registered in 53 TLDs (for sale in 5, including yours). I wonder if they contacted many owners, or view the .net as more of a threat to them.

    Hope it goes smoothly, and if it was me I would simply transfer to avoid headaches, worry and possible liability.

    Bob
     
  14. Tryjake

    Tryjake Established Member

    Posts:
    326
    Likes Received:
    404
    I am so incredibly interested in some of these posts.

    what about tubestream dot net

    ? I don’t know who made that junk up but are all y’all for “hanging it up and letting the bullies run over the small people”

    im not. I almost want to pick a fight with these cocky folks in big tech. NON Restrictions on trade are what makes THIS country and the world great. If not for diplomatic reasons then why the heck are we all in this business unless whomever may read this is workin for a giant.
    It really infuriates me and I think it’s sad for the young entrepreneurs. The people around the world 🌎 loving and staying connected through the web and so much more. If I’m google I would LOVE to be there PR person because it’s total BS to deny the facts. Can they help they are so big? I don’t believe so based on my limited knowledge. Could they turn it around and start a campaign o help those without a chance otherwise learn. Absolutely. Are they doing this all ready? I have no clue. If they aren’t...They Suck. IMO
     
  15. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

    Posts:
    13,872
    Likes Received:
    26,265
    Relax. This is a marginal .Net. It is not the end of capitalism and the free world as we know it.

    You need to pick your battles. If you win, what are you really winning here?

    Brad
     
    Last edited: Dec 31, 2020
  16. Tryjake

    Tryjake Established Member

    Posts:
    326
    Likes Received:
    404
    Good point. I’m honestly trying to write a few books. People can laugh but I’ve had some book worthy times in my life.

    I want to send to anyone who may help or cares my life on “The Campaign” I worked a campaign in 2018 in Georgia for Brian Kemp that I feel certain was part of a clandestine Soros group. The details are intricate. The middle of it is mind blowing. The end is maybe yet to be seen depending on fed court outcomes. At the end of the day. I didn’t know Brian Kemp or Stacey Abrams and I quit due to one thing.

    if anyone knows how to write a book (books) let’s get together. I have several more I just happened to be involved with. One isn’t political (I guess) it’s a novel that is strangely close to “To Kill A Mockingbird “

    which my mother happens to be scout.
     
  17. HotKey

    HotKey Made in Canada VIP

    Posts:
    3,322
    Likes Received:
    8,573
    More of the principle, regardless of domains worth, would make me inclined to probe on what the word music and the digits 123 on an irrelevant webpage environment have anything to do with these people. Trademark or not, .net .com or whatever. Talk about a broad reach.

    But how much time to commit to such a cause? So, alas, suppose once again we roll over?

    I believe these three conditions are what your domain should fall into for a valid dispute by said party:

    1. The trademark is damaged as a result of an identical or confusingly similar domain name
    2. The current registrant does not have any relevant interests regarding the domain name
    3. The current registrant uses the domain name in "bad faith"
     
  18. Mike Goodman

    Mike Goodman Established Member

    Posts:
    433
    Likes Received:
    866
    Grr. The principle here is extremely important. These self-important nobodies are demanding free domain names. On what grounds? Why simply roll over to their demands, regardless of the domain value. It is not theirs and should not become theirs without first establishing grounds for the claim.

    The term is registered in 53 tlds (reported by @Bob Hawkes), are they all infringing? What are they doing about those then?

    If the grounds are infringement of any kind, in what way? Make them state their case. I respectfully suggest it will be an extremely flimsy one at best.

    Just on principle this is certainly worth at least some response, even if the value of the domain is low. You need to find out what grounds they have for such a claim, if any.

    If they do seem to have a case once they have replied, your second response may be of the type suggested by @MapleDots.

    My guess is the new owners are trying everything they can think of to shore up a bad purchase decision on their part. All 53 tld owners will not roll over, so unless the claimants already own the vast bulk of them themselves, I suspect they will shut up and go away when they see the strength of the counter-claims.

    <edit> P.S. If people have thought this name important enough to register it in 53 tlds I respectfully suggest it has some value. The .net tld, among others, is in general exceeding the traditional 5-10% value of the .com equivalents and this one offers reason to believe it could do better still. </edit>
     
    Last edited: Dec 31, 2020
  19. griff

    griff Account Closed (Requested) VIP

    Posts:
    1,629
    Likes Received:
    1,555
    I just visited the site and it's serving up music-related ads...

    Screenshot 2020-12-31 at 17.39.47.png
     
  20. rayman617

    rayman617 Established Member

    Posts:
    454
    Likes Received:
    32
    Thanks for the heads up. I pointed the domain to Network Solutions Under construction and thought it wouldnt be an issue. You have to have nameservers on domains there. Any suggestions for a discrete landing page?
     
  21. Bob Hawkes

    Bob Hawkes Top Member NameTalent VIP Gold Account Trusted Blogger

    Posts:
    7,714
    Likes Received:
    26,360
    Something like DAN without the parking option.
     
  22. MapleDots

    MapleDots Restricted (15-30%)

    Posts:
    6,131
    Likes Received:
    13,624
    It is completely irrelevant where you point the domain to now because they already have the screen shots of what they need if they wanted to press forward with a UDRP.

    So of course you point it some place without the music links but if they want to use that against you they will already have what they need.
    The more games you play now the guiltier you look and that is why most cases that get lost involves the domainer doing things the lawyer cannot get them out off.

    Point the domain to your own lander where you control what loads, say nothing more, follow my advice from my previous post if you don't care much about the domain and be done with it.

    And lastly..... don't post about it on a public forum, do you really thing the trademark lawyers don't know about namepros?
     
  23. Samer

    Samer Top Contributor VIP

    Posts:
    11,228
    Likes Received:
    21,877
    Parking is how you lose the domain.

    Please dont park it, especially if it’s valuable.
     
    Last edited: Dec 31, 2020
  24. rayman617

    rayman617 Established Member

    Posts:
    454
    Likes Received:
    32
    Thanks, I already agreed to transfer them the domain but haven't heard back yet. Definitely not worth it to fight it in my opinion given their stature in the industry and their long standing history. I mean the url itself "Music123.com" is trademarked in addition to the term "Music123".

    The domain originally had a landing page hosted by SquadHelp with just "make an offer" on it. Should a lander not even have that? In the email from the lawyer, he said Guitar Center did not authorize the trademark for commercial use. Though again my original lander did not have any ads or mention music services or equipment.
     
  25. poweredbyme

    poweredbyme Top Contributor VIP

    Posts:
    1,177
    Likes Received:
    797
    If it was showing non-music related ads, would it make any difference?
    Just a question to learn. Thanks for your answer.
     

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!
NameWorth
  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice
Loading...