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Law firm claims Trademark infringement and cybersquatting

Located in Legal Discussion, started by gipson, Nov 28, 2016

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9
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890

  1. gipson

    gipson Next Domain Market VIP

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    I have received a claim from a law firm for one of my domains ( generic terms) when I say generic terms, i mean a terms that it is impossible to use other words, like..

    "Buy home"

    - What I can do ?
     
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  2. Kingslayer

    Kingslayer Top Contributor VIP

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    I don't think there is anything you can do, if i wanted to waste $1500 i could open a UDRP against Google if i wanted, i wouldn't win, but anyone could start a dispute if they wanted.

    All you can do is just defend your case, if your right and it is a generic term and there's no trademark and own the domain in good faith, then they shouldn't be able to take it off you.
     
    Last edited: Nov 28, 2016
  3. larryscott2559

    larryscott2559 Restricted (Market)

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    Tell me the domain name. Let me look into this for you, absolutely free. I created Cybersquatting.org to protect trademark owners and users from cybersquatting and reverse domain hijacking which may apply to you.

    Generic terms are not typically trademark, however if the Trademark database shows that they are the trademark owner of the term then they may have a case.

    There is a lot of variations. For one because it is a generic term you registered or obtained the domain without prior knowledge of their existence which helps you. There are requirements that must be present in order for them to have a case and a "generic term" makes that harder to prove.

    This is all according to 15 U.S.C 1125,(a)(b)(c)(d) under the Anticybersquatting Consumer Protection Act of 1999

    This is not a legal advice. Just legal information.
     
    Last edited: Nov 29, 2016
  4. gipson

    gipson Next Domain Market VIP

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    Thank you, but I'd rather keep this private.
     
  5. larryscott2559

    larryscott2559 Restricted (Market)

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    Okay well, there have been cases where the complainant was in the wrong and the defendant counter sued for reverse domain hijacking.
     
  6. ZapNano

    ZapNano :( VIP

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    Pm it to him?
     
  7. DomainVP

    DomainVP Domain Expert VIP

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    It's just posturing.

    They are feeling you out to see if you are knowledgable or not.

    There is no correct play here.
     
  8. ZapNano

    ZapNano :( VIP

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    Internet can not be trusted too much scum bugs!! :meh:
     
  9. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    The only way to guarantee that your conversation and advice relevant to your particular circumstances is to consult with an attorney. Unlike, for example, someone who would solicit you for a legal consultation of some kind, while also telling you they are not an attorney, an actual attorney is required to maintain the confidentiality of information provided in the course of seeking legal advice. That is a very different situation from someone who may be seeking to size up your situation in order to propose a deal by which they will "negotiate for you", and possibly dig you into a deeper hole.

    There is no "one size fits all" answer to your circumstances, apart from its specific facts.
     
  10. Kate

    Kate Domainosaurus Rex VIP ★★★★★★★★★★

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    What does the letter say ?
    So easy to advise without knowing any facts...
     

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