How do you respond to a C&D?

[fischermx]

I got one for a domain some company in europe claim their trademark.
I'm almost sure they don't have a case, but I don't know how to respond to their letter. Actually, should I respond ? or ignore it ? What's better? worse?

Or just tell them I'll hand it over my lawyer ? or what !?

 

[Spade]

Respond back that you dont speak english, and would need them to resubmit their letter in the Native American Tribal Language of the Navajo - that oughta buy you some time! Worked for the US against Japanese in WWII - I think its a winning strategy.

Ok... all humor aside, I couldnt tell you what to do. Im waiting right now to recieve my first C&D. Hope someone can help

:hehe:

 

[fischermx]

Well, you know what, I'm in Mexico, and I did think for a moment about playing the foul about not speaking English, but later dropped the idea ...LOL
Still thinking ....

 

[RJ]

What do you want to say to them? Do you agree with their claims, or are they overreaching their trademark rights? Do you intend to defend yourself, or hand it over?

 

[Mike]

As always, do your homework - check on the company, their product(s) and their claimed TM rights. I'm not 100% sure about Trademarks and whether the TM is valid in the USA, given the fact that you mentioned the company being in Europe.
For the company, there are costs involved to send you a C&D letter, and further costs to contact the registrar, etc.
If the company has a legitimate claim on your domain, offer to sell to them below their costs of legal action.
If the company doesn't have a claim, which you HAVE to verify first, respond to them accordingly. IF! the domain is worth fighting for, and you're up for it, then fight and retain what's yours.
Ultimately, depending on the value of the domain, you may want to contact an attorney, i'm sure NPers can point some out for you.
- Best of luck

 

[fischermx]

They are in Europe and have a trademark there. I checked on USA and they don't have it there. Now, I'm in Mexico and I'm sure they don't have it here either.
I think they're overreaching as someone said.

They have the .eu and their ccTld. I have another TLD. All TLD's are taking, some non-responding and some with websites in diverse interests. (Remember it is a spanish generic word, so it could be whatever, hosting, laundry, pizza, software).

I think my only mistake was to park it. It is parked using the same exact word as keyword. So, it happens to show competitor products.

I'm thinking of taking it down from Sedo, but I don't know if that would show weakness.

 

[jmcc]

I'm thinking of taking it down from Sedo, but I don't know if that would show weakness.

In some of the ADRs (..eu) the fact that a domain was on Sedo was used to build the case of a bad faith registration. Also the dates of registration of the domain and the trademark (and whether the trademark is a national or European Community trademark) would be important factors.

Regards...jmcc

 

[fischermx]

It is an European Community trademark.

A clarification:
I was confused about the ads on sedo. They are related to other products, not related to the guys sending the C&D. I was confused because they (strangely) mentioned this in their letter and made me suppose a relation between the company for which my ads are competitor and the Complainant. However, there's no relation.

My ads in Sedo are about products not related to them.

 

[Mike]

It is an European Community trademark.

A clarification:
I was confused about the ads on sedo. They are related to other products, not related to the guys sending the C&D. I was confused because they (strangely) mentioned this in their letter and made me suppose a relation between the company for which my ads are competitor and the Complainant. However, there's no relation.

My ads in Sedo are about products not related to them.

If its clear that their TM doesn't apply to the USA or Mexico, your products are in the different niche, then i wouldn't think that you have much to worry about. Still, in order to extinct the last ounce of doubt, verification through a 3rd party makes a lot of sense to me.

 

[DNQuest.com]

To clarify, in UDRPs, the panel looks for rights or greater rights to a domain. They do not use TM law. So if the company can show it has rights to a name (You said it was TMed), then they establish that portion of the criteria. So they do have rights, does the domain owner have rights, no. Has the domain owner establish rights, not by parking. Now the ads could play an important part. If the panelist fels that you are trying to play off the TM, then you are in trouble. The complainant needs to prove all the criteria, but you may have to defend yourself also.