I hade a trademark domainname without knowing it, they sent me a mail.. - how answer?

[competentdomains]

I looked for search data about tools earlier this year and saw a search term that I thought was a general term, partly because the verb is almost the same in swedish.

Then today I saw this mail. I changed a little with extra "x-" in the text;


"

Dear ...... ,

Snap-x-on Incorporated is the owner of the well-known trademark and trade name Snap-x-on. As you are no doubt aware, Snap-x-on is the trademark used to identify products, services, activities and events related to Snap-x-on Incorporated.


In connection to Snap-x-on Incorporated proprietary rights over its famous trademark we bring to your attention the following:

1) You have registered, without Snap-x-on Incorporated’s permission or authorization, the domain name '........ '. The Domain Name incorporates the famous Snap-x-on mark in its entirety, and, by its very composition, suggests Snap-x-on Incorporated’s sponsorship or endorsement of your website and correspondingly, your activities.


Your use of a Domain Name that incorporates the famous Snap-x-on mark in its entirety constitutes trademark infringement and dilution of Snap-x-on Incorporated’s trademark rights and unfair competition. Your use of our mark in the Domain Name is diluting use because it weakens the ability of the Snap-x-on mark and domain name to identify a single source, namely Snap-x-on Incorporated. Further, your registration and use of the Domain Name misleads consumers into believing that some association exists between Snap-x-on Incorporated and you, which tarnishes the goodwill and reputation of Snap-x-on Incorporated’s products, services, and trademarks.

In view of your infringement of our rights, we must demand that you provide written assurances within 7 days that you will:

1. Immediately discontinue any and all use of the Domain Name;
2. Take immediate steps to transfer the Domain Name Snap-x-on Incorporated;
3. Identify and agree to transfer Snap-x-on Incorporated any other domain names registered by you that contain Snap-x-on or are confusingly similar to the Snap-x-on mark;
4. Immediately and permanently refrain from any use of the term Snap-x-on or any variation thereof that is likely to cause confusion or dilution;

We look forward to hearing back from you within the above-mentioned time frame.

Sincerely,

...... "

What annoyed was "As you are no doubt aware, Snap-x-on is the trademark used to identify products, services, activities and events related to Snap-x-on Incorporated.".

I have not been aware about it being a trademark, but maybe that was written in order to push me to action. And, do I have to transfer it to them, why not only ending the registration, if possible.

I have not earned anything from the domain, absolutely nothing, zero. It has been parked but I saw the registrar had ads on it. But the domain is completely unknown and not shown anywhere. Now I tried to redirect it to nowhere instead.

Anyway, any comments about this how I should write back? I already wrote a part but did not send it, just kept it until later.

 

[flamewalker]

Snap-on is huge when it comes to automobile tools

Just for the record, I've never heard of that company. So it's probably "huge" is some countries, and not known in others.

I personally believe "snap on" is relatively generic (just because this company's SEO is pretty efficient, doesn't mean "snap on" isn't used in the English language).

I guess where competentdomains went wrong is leaving the page parked (probably showing tools-related ads).

 

[DNQuest.com]

Snap-on is huge when it comes to automobile tools

They can't be that big, only did 2.9 billion in sales in 2007... wait, sorry, using commn sense now

 

[evertonian7uk]

ahh only 2.9 billion, then gezz, anything less than 3 billion is fair game lol,

this is an interesting topic, but good for future reference, just because you dont know of the TM doesnt mean it doesnt exsist, that said, if your not operating in there tm field you might get away with it, its not always open and shut like that, but look at some descions and you'll see a pattern.

 

[Dave_Z]

I personally believe "snap on" is relatively generic

Relatively? Just like truth? :D

Snap on is maybe generic to snap on a thing. But to sell something?

 

[DNQuest.com]

ahh only 2.9 billion, then gezz, anything less than 3 billion is fair game lol,

Crud, what was I thinking, yeah, they are under the 3bil threashold, next time, I will read things closer... boy do I feel like an idiot. :lol:

But seriously, it is true, just because you didn't hear of a TM does not mean it does not exsist. In this matter, spending 10 seconds on a simple Google(tm) search would have shown you they do indeed exsist and that you should have maintained the domain correctly. With the argument "I register so many domain I can't research all of them", expect to receive a C&D or 2 then.