I run MLBFreeAgents.net... MLB is coming after me

[matrocka]

I put up a website MLBFreeAgents.net where people can come and post comments and other issues regarding the players and their free agency. I did it basically as a mimic of MLB4u.com. I have comments on the bottom.

I get a letter sent by DHL from MLB.com transcribed below (sorry for the typos):


We are writing to notify you that MLB Advanced Media LP (MLBAM) is exclusive righsholder of the office of the commissioner of baseball, major league baseball properties, inc and the majorleague baseball clubs (collectively "MLB Entities) with respect to uses of their trademarks (collectively the MLB Marks) on the Internet and other Interactive media. As you undoubtedly are aware, among the MLB marks are the famous and distinctive trademark MLB and the logos and othr trademarks of the MLB clubs.

It has come to our attn that you have registered and own the domain name MLBFreeAgents.net (domain name) and are currently operating a website. the domain name features use of the mark MLB without authorization from MLBAM. In addition the website includes numerous photographs of MLB player in uniform; those photgraphs contain unotherized uses of the MLB marks

Your unauthorized uses of the MLB marks including the domian name are likely to cause confusion,mistake and deception to the potential existance of an affiliation, connection or association between you and MLBAM or other applicable entities, and constitute trademark infringement, dilution and unfair competition in violation of federal and state laws. in addition your actions with respect to the dmain names violate both the ICANN Uniform Domain Name Dispute Resolution policy, to which the domain name is subject and the anticybersquatting consumer protection act, a federal statute which provides a cause of action with respect to those who, in bad faith, intent to profit, register, traffic in or use domains that are identical or confusingly similar to the trademarks of others.

Accordingly, MLBAM requests that you immediately

1 cease and disist from any and all uses of the mlb marks in connection with the dmain name and the website

2 transfer the domain name to MLBAM and

3 refrain from further unauthorized uses of the MLBmarks on the website.

We ask to receive written confirmation...blahblahblah

THis letter does not purport to be a full or complete statement of the facts or the law and is without prejudice to any rights, claims, and remedies available to MLBAM and other aplplicable mlb entities) wheher legal or equitable in nature, all of which are expressly reserved.
----

LETTER ENDS

Now -- How do sites like http://www.mlbtraderumors.com and http://www.mlb4u.com operate without getting this from the MLB?

not to mention countless blogs that have similar stuff on it.

I didnt put "THis is no way affiliated with the MLB" on my site, but if I add that, do I have something coming to me?

I dont want to transfer them the domain, if mlbtraderumors and mlb4u can get away with not transferring them unless they want to pay for it.

any help?

Thanks!

 

[matrocka]

anyone?

 

[DNQuest.com]

Right now, the domain resides to a Godaddy parking page. A search on arhive.org does not show any information about a webiste on that domain. The domains shows it was registered in 2004.

As far as C+D, MLB is a registered mark and defended aggressively by MLBAM. Now, what they say is accurate, they have all the rights mentioned in the latter. On the flip side, you can claim fair usage in using it as a "fansite". The problem here is I can't find anything to support your position. If you had a ftrue ansite up with no ads or competing links, then you could have a case. You can show rights if you did everything properly. But like I said, I have nothing to go on.

As far as the arguement "they are doing it too". It does not matter. The other sites are fansites (even though they do have adsense) and it is up to the TM holder to enforce what they think is infringing.

 

[matrocka]

i didnt read your whole reply its MLBFreeAgents.net not .com

back to reading

 

[bobdigital]

Now -- How do sites like http://www.mlbtraderumors.com and http://www.mlb4u.com operate without getting this from the MLB?

I would like to know this as well.

 

[DNQuest.com]

I apologize, I misread it. Still, I can't find anything of archive.org and it looks like you registered it 7/25/06. Outside of that, my response is still the same.