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I got a Lawyer Notice - Share your views

Labeled as discuss in Legal Discussion started by simran.net, Jan 13, 2020.

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  1. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    Hi Peers I like to share some details of the Legal Notice and my reply and finally how it was solved.
    (Now the issue is solved)

    I got this letter after I sent an outbound to the company for domain for sale

    Please share your views on the same & even think and tell what will be your response if you were in my shoes.

    Please post if you don't need this true story


    The domain name was XXXXXLoan.com (actual first 5 letters of the name is replaced with XXXXX )



    ______________Part ONE_____________

    Lawyer Notice Received


    Sent in Letter Law Firm Head

    DIRECT: Phone #



    RE: Your XXXXX Domain Name

    Our Reference No........

    To Whom It May Concern,

    I am Senior Counsel responsible for brand protection for XXXXX Franchising, LLC. I am writing concerning your registration and use of the domain name XXXXXLoan.com.

    As you likely are aware, XXXXX Franchising, LLC is a franchisor that operates in the mortgage brokerage industry. XXXXX Mortgage franchisees offer high quality mortgage brokerage services, including the processing, originating, and solicitation of residential mortgage loan applications for consumers purchasing a residence or refinancing an existing residential mortgage. XXXXX Franchising, LLC owns several United States trademark registrations for XXXXX, including registration numbers yyyy, yy.yy.yyy; and y,yy,yyy.

    The Uniform Domain Name Dispute Resolution Policy (“UDRP”), which you agreed to as part of your registration agreement for this domain, and the Anti-Cybersquatting Consumer Protection Act (“ACPA”) prohibit the bad faith registration and use of a domain name that is identical or confusingly similar to a protected trademark. The ACPA provides not only for an order transferring the domain name, but also an award of statutory damages of up to $100,000 per domain, plus attorney’s fees. The ACPA and UDRP both explicitly provide that it constitutes bad faith to register a domain for the purpose of selling it to the trademark owner for more than your out-of-pocket costs for the domain.

    Although you have never had any affiliation or connection with XXXXX Franchising, LLC or the XXXXX Mortgage network of franchisees and loan officers, you have registered a domain containing the XXXXX trademark in its entirety combined with a mortgage industry-related term, “loan.” This combination of terms illustrates your actual knowledge of XXXXX Franchising and its services. In addition, on June 19, 2018, the domain administrator for XXXXX Franchising received an offer for the sale of XXXXXloan.com—the site for which offers the domain for €4,999.00. Furthermore, we are aware that you were the Respondent in a 2010 UDRP proceeding regarding your registration and use of several wwwww-related domains (e.g. wwwbookpro.com, wwwwwcheap.com). Your pattern and practice of registering domains containing the trademarks of others combined with your registration and offer for sale of XXXXXloan.com can only be construed as evidence of bad faith pursuant to the UDRP and ACPA.

    As a result, XXXXX Franchising, LLC hereby requests that you: a) cease use of the domain XXXXXloan.com and promptly transfer it, and any other domain that you own that includes the term “XXXXX,” to XXXXX Franchising, LLC; b) confirm you will desist from registering any name including the term “XXXXX” in the future; and c) remove any reference to XXXXX or XXXXX MORTGAGE from any web site you own or control.

    Please contact me to arrange for the details of transfer. XXXXX Franchising, LLC reserves the right to take legal action, including potentially a suit for injunctive relief and damages under the ACPA and/or a proceeding pursuant to the UDRP. Thank you for your prompt attention to this matter.

    Very truly yours,

    First Name Last Name

    Law Firm Seal & Sign
     
    Last edited: Jan 13, 2020
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. MapleDots

    MapleDots Domain Properties 2002 - 2020 VIP

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    By solved you gave up the domains?
     
  3. john888

    john888 Established Member

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    Part 2 is coming? I can't wait.
     
  4. RJ

    RJ I Was Here First PRO VIP ★★★★★★★★★★

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    Hmm... it sounds to me like they might have a case. Without knowing the term in question, it is hard to say. But if not, maybe something like this would be a good response:

    Dear Law Firm,

    Thank you for the email. I do not agree with your assessment that my use of the domain name is in bad faith, and I will readily defend my position in a UDRP proceeding should it come to that.

    However, I am willing to settle the matter by selling the domain to your client at a reduced price. I will accept $500 for the domain name.

    Sincerely,

    Me, the Domain Owner.
     
    Last edited: Jan 14, 2020
  5. DoNotTrackMyIP

    DoNotTrackMyIP Established Member

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    If not parking (e.g. just selling the domain with a sales lander) there really is little legal recourse for damages or trademark violation?
     
  6. karmaco

    karmaco Top Member VIP

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    If you tried to sell them their trademarked term they have every right to take action on you. Depending on date of registration you may have no leg to stand on. Without knowing the name or the registration date it is impossible to give the best answer. TESS is your friend. Check it before you market to anyone.
     
  7. tonyk2000

    tonyk2000 Top Member VIP ★★★★★★★★★★

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    If this law firm has no chance to win UDRP (XXXXX is too generic, domain was not parked with bad ads etc.) - I'd politely welcome them to file UDRP. Should they elect to continue, I'll participate as the Respondent in UDRP process and win, maybe with RDNH.

    If, however, I made a mistake and regged trademarked term - and they may win UDRP - then *risky recommendation, may not be good* - I'll simply delete the domain (send it to redemption period and pendingdelete) before expiration. Depending on registrar, manual intervention of customer support may be required. This is because I actively do not like corporate lawyers, and have no time to respond how sorry I am, please have the domain etc. Again, this recommendation may not be optimail. However, it worked in similar cases before.
     
  8. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    The most important thing is

    1. The domain was parked and getting monthly low xx income

    2. I myself outbound them for sale.

    Actually i didn't realise there would be a trade mark for this term
     
  9. tonyk2000

    tonyk2000 Top Member VIP ★★★★★★★★★★

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    Even without the term disclosed, low xx parking income means that the visitors were likely looking for this particular XXXXX Franchising, LLC. So they may win even without a registered TM, and will very likely win if they have a registered TM. Especially since you also outbounded them...
    And, in any case:
    - any other potential buyers (endusers) will unlikely appear
    - this potential enduser does not want to purchase it for any amount
     
    Last edited: Jan 14, 2020
  10. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    Thanks for your opinions friends.

    Actually first I didn't respond to the notice.

    After 2 weeks I got another mail.



    _____________PART TWO______________

    To Whom It May Concern:

    I have not received a response from you concerning my letter, and it appears that you are continuing to offer XXXXXLoan.com for sale.

    I am re-attaching my letter for your reference. Please respond so that we may resolve this matter without need for further escalation or legal action.


    _______________________________________


    What would be my reaction?

    coming in PART 3
     
    Last edited: Jan 14, 2020
  11. john888

    john888 Established Member

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    In Part 3 I bet you still didn't reply and 2 weeks later you got a million dollar offer :xf.smile:
     
  12. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    No friend.

    My reply was part 3
     
  13. valnames

    valnames Established Member

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    So what was it man 😁
     
  14. Abdullah Abdullah

    Abdullah Abdullah Top Member VIP

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    So you sold it for the UDRP fees and they agreed to? If you did this and they accepted, I dont see why you wont be happy:)
     
  15. chuckworries

    chuckworries Established Member

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    eagerly waiting for the part 3.
     
  16. Stoff_es

    Stoff_es Established Member

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  17. Ariff BD

    Ariff BD Restricted (85-100%)

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    where did u parked the domain? Bodis or parking crew?
     
  18. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    My reply was sent to both ( the lawyer and his customer whom I offered the domain for sale.)

    ________________PART 3______________________

    Hi,


    1) I read your mail now and understand that you claim to own the word "XXXXX" and nobody else is allowed to register domain name with word "XXXXX".

    Am I understanding right?


    2) There were already 434 (.com) domains registered with the term XXXXX.

    Do you mean to say other 433 (.com ) domains were owned by your company?

    Are you aware of this? Or you are just mailing to somebody in random?

    If you are professional, you should be aware of it.

    So please clarify.


    3) I purchased this domain name in online public auction. in Jan 2018. There were plenty of bids on this domain and I purchased it. Actually I plan to start a webiste for loan offering in My country with XXXXX LOAN. In my country XXXXX is mean to be "Ideal". Also I had an idea to offer XXXXX loans ( vehicle loans both two and four wheeler loans - XXXXX is a misspelling for XXXX). Since i didn't have enough time to develop the website, I thought to resell it. Thatswhy I sent a mail to offer the domain for sale. I never misused the domain against your company and even sent offer only to your company. You should know to respect people and deal in proper manner.


    4) Your mail is containing total false, fake & extremely biased information.

    I never had any URDP cases earlier as you said.

    I never owned apple related domains.

    So don't bump all your imaginations & stories on to me.

    The original registrant of the domain was somebody else. I purchased the domain in public auction which was bidded by lot of others. I am in to domaining since 1999.


    You should do some proper home work. You should understand to whom you are writing and what you are writing.


    It is not my duty to teach you about domaining and trademarks. But your wrong allegations are making me doubt are you real official of the company.


    5) I don't know why you are not thinking of registering XXXXXLoans.com till 2016 & XXXXXLoan.com till 2018?

    So you don't want to register the XXXXX related important relevant domains and just want to quarrel with people if somebody register or buy it for other purpose.


    To end the story.

    I have purchased the domain and it involves costs. Now I have decided to offer the domain on 90% discount ( Yes 90%). So the buy it now price for the domain name is Just $499.


    I want to be gentle. Thats why I send the first & only offer to your company.

    Are you willing to accept my offer?


    Otherwise I may contact the previous owner and ask him to repay me the money and send the domain back to him if he pays me.


    Best Regards,



    _____________________________


    After my message

    * There is no response from the lawyer or his customer
    * I kept the domain in parking till expiry and earned the parking revenue.

    I have explained my story only to let our peers know that all URDP claims are not genuine and no need to panic.


    You may please write you suggestions or like if my sharing is anyway useful to you.
     
    Last edited: Jan 14, 2020
  19. Mister Funsky

    Mister Funsky Happy New Year VIP

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    Interesting story...so, just to make it clear, you let the domain drop? How long ago did the drop happen? Has the company registered the name? Thanks.
     
  20. simran.net

    simran.net ApparelBay.com Gold Account VIP ★★★★★★★★★★

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    The domain dropped and after 4 months another person registered the domain.

    Further the .Net, .Org are still available
     
  21. MapleDots

    MapleDots Domain Properties 2002 - 2020 VIP

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    Not something to be proud of nor drag on about IMHO
     
    Last edited: Jan 14, 2020
  22. kingwand

    kingwand New Member

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    Corporate attorneys don't write to people this way, this message is fake
     
  23. MapleDots

    MapleDots Domain Properties 2002 - 2020 VIP

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    Picture0005.png
    Your very first post, you must know something we don't :xf.wink:

    Welcome aboard (y)
     
    Last edited: Jan 19, 2020
  24. IMEZI

    IMEZI Top Member VIP ★★★★★★★★★★

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    since the complainant were silence why not you keep the domain? the parking revenue were more than enough for paying renewal and still give you around $100 passive income per year
     
  25. Randolph

    Randolph Reverse Engineer

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    I've never received a UDRP, but most legit legal documents cannot be served via email only.

    You will often see something along the lines:

    "This document has been delivered by email and regular mail"
     

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