Letter from lawer / brand protection department about my LLLLL

[bluebox]

So someone from Brand Protection Department of a very well known firm, lets say XYZ, sent me an email

Dear Registered Domain Owner,

XYZ is the owner of the well-known trademark and trade name XYZ. As you
are no doubt aware, XYZ is the trademark used to identify products,
services, activities and events related to XYZ Group Companies.

In connection to XYZ proprietary rights over its famous trademark we
bring to your attention the following:

1) You have registered, without XYZ’s authorization, the domain name
'xxxyz.com'. The Domain Name incorporates the famous XYZ brand in its
entirety, and, by its very composition, suggests XYZ Group’s sponsorship
or endorsement of your website and correspondingly, your activities.

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

In view of your infringement of our rights, we must demand that you will:

1. Immediately discontinue any and all use of the Domain Name;
2. Immediately and permanently refrain from any use of the term XYZ or
any variation thereof that is likely to cause confusion or dilution;

We appreciate your cooperation in this matter.

Sincerely,

XYZ Group Department / Brand Protection

My domain is a madeup brandable "word" in a form of CVVCV and just happens to have their acronym at the end (CVXYZ).
There are thousands of businesses that have this acronym in their names (including the ones that use domains like "xyz-keyword.com").
Not to mention probably thousands of similar domains registered every year.

Should I be worried?

 

[yogiDomain]

IMO you should not be worried if its an acronym. You just have to prove why the last 3 letters are not he acronym but they are the part of whole domain itself.
If anyone has SCO as TM is it possible for them to sue CISCO or TESSCO.

Lets wait for an expert to reply

 

[bluebox]

When you look at the name - first 4 letters are the main part and the last letter is just suffix.
Lets say they have trademark for "ABA". My domain would be something like "Meaba" - Meab + a suffix...

 

[WhiteCloud]

You verified that the email is being sent from a domain name controlled by the well known law firm? The IP correlates to a city in which the firm has an office? The demand letter does not read like it is written by an experienced attorney. Did it include a complete signature with a street address and phone number?

I would suggest this is nonsense and perhaps someone trying to trick you into deleting your name.

 

[mad409]

Would need to know the name to be sure and who's complaining. Feel free to PM me if you want as I've been down this road and I'm still dealing with one issue since last year.

 

[bluebox]

Sent from mail5.markmonitor.com server - so pretty sure it's legitimate.
So what's the worst that could happen - I would just lose it in WIPO?

 

[yogiDomain]

Yes, worst thing is that you will lose the domain.
But why are you thinking in that way. Just check with some lawyer or some pro here whether they really have a case or not.
IMO they are being too over protective about their brand and harassing you for no reason.
You got to defend buddy.

 

[bluebox]

5 min with a lawyer would cost me more than a domain - handreg with GD coupon...
I'll just wait and see...

 

[WhiteCloud]

Since you're sure it's legitimate my initial assessment is incorrect. However, this is clearly a form letter and was likely sent by an automated system.

I think your wait and see approach is the best option. I would suggest, based on your statements, that the claims in the letter have no merit and once an actual person reviews the case it would not be pursued.

Hopefully, someone with more experiencing defending domain names will offer on opinion. Best of luck.

 

[tomcarl]

If you have the domain on a parked page and only the letters are representing the domain in plain text, I'd correct that to diminish any type of BS case they have.

First thing I'd do is have a logo made that is as far off from their logo as possible. Include some type of cartoonish mascot in it and a tagline relating to an entirely different industry.

For example, if their company is ABA real estate, and yours is MEABA. Have, the logo include a cartoon character of a chicken and include the tagline relating to the food industry.

IMO - They have no case. If you leave it plain letters, acronym use can be argued, but with a logo you're clearly expressing the letters in the domain represent an invented word and shows no relation to the 3 letters in their trademark, what do they have to complain about?

Again, JMHO consisting of common sense. Not a lawyer.