My bad day!

[CoreyS]

I got this from the registar of my domain today

We are trademark litigation counsel for XO Communications, Inc. ("XO").

A leading telecommunications service provider, XO is the owner of the
trademark XO and numerous trademark applications and/or registrations for
the mark XO in the United States and other countries. XO offers a
comprehensive array of data and voice communications services, including a
full suite of Internet-related services such as web hosting and domain name
registration services, as well as local and long distance telephone
services, and private data networking, among others. Based on XO's
extensive use and promotion of the XO mark, the XO mark has become famous.

It has come to XO's attention that you have, without XO's permission or
authorization, registered the domain name HOSTXO.COM (the "Domain Name"),
and that you are using the Domain Name, which is comprised of the XO mark in
its entirety and the descriptive abbreviation "host," to offer directly
competitive web hosting services.

Your registration and use of the Domain Name constitutes trademark
infringement and unfair competition under federal and state laws. Your
registration and use of the Domain Name also constitute cybersquatting under
the Anti-Cybersquatting Consumer Protection Act. Accordingly, XO demands
that you provide written assurances on or before August 15, 2003 that you
will immediately:

1. discontinue any and all use of the Domain Name;

2. take steps to transfer the Domain Name to XO;

3. identify and transfer to XO any other domain names registered or
controlled by you that include the XO mark;

4. permanently refrain from any use of the term XO in a manner that is
likely to cause confusion with the XO trademark and trade name or dilute the
distinctiveness thereof.

Absent our receipt of your written confirmation by August 15, 2003 that you
are taking all of the above actions, XO will take whatever action is
necessary to protect its valuable trademark rights. We look forward to
hearing from you.

Very truly yours,

FINNEGAN, HENDERSON. FARABOW,
GARRETT & DUNNER, L.L.P.



David M. Kelly

So far I've closed the site, and emailed them about the transfer... I hope everything goes okay...

 

[Sohil]

That sucks!

Good Luck.

 

[darksk8er]

wooth I own 7xo.com :D

 

[Jeff]

Remember to check in (edit) at your "HostXO.com Webhosting" Sales/Advertising thread, as well Corey.
Hope all goes OK.

 

[darksk8er]

edited*********

 

[RJ]

Good luck Corey. Were you using the domain?

I have xohosting.com if you need a new name. (j/k)

 

[CoreyS]

Yeah, as a hosting site.

 

[drifta]

hey Corey

i am PMing you some Advice now

 

[darksk8er]

Take -RJ-'s domain.

 

[webmasterinfo]

its suck a lot!!!!


Well, Good luck!

 

[darksk8er]

Yeah, and there is not much to do.

 

[dax]

Corey, dont do it!
If you did not register domain name in bad faith (fe. you register it for you business ideas) they cannot do to you anything.

To get a dn by UDRP complainant must proove 3 things (not just 1).
1 - TM similarity (they can proove that only)
2 - that you do not have legitimate interests in that dn (if you regged it for your business, then they cannot prove it)
3 - that you regged it in bad faith (fe. to sell it, which i hope you did not).

So, if they only can proove TM similarity, that does not mean that they can get domain name.
As i see it, you registered the domain name for Pinchpenny.org webhosting service purposes and this is your right.

Only thing to do is that you must explain that to arbiter (go to www.arbitration-forum.com and prepare yourself).
This will not cost you annything because Complainant must pay all the fees (around 1500-5000$).


Tell the bastards that they can f*** off.
If you need more info, just post to this forum.

 

[Katy]

Good luck!

 

[seiya]

OMG, those two letters can do such damage... I cant believe it

 

[darksk8er]

they got a really nice domain

 

[Princess]

Poor you!

 

[NameCaster]

Originally posted by dax
Corey, dont do it!
If you did not register domain name in bad faith (fe. you register it for you business ideas) they cannot do to you anything.

To get a dn by UDRP complainant must proove 3 things (not just 1).
1 - TM similarity (they can proove that only)
2 - that you do not have legitimate interests in that dn (if you regged it for your business, then they cannot prove it)
3 - that you regged it in bad faith (fe. to sell it, which i hope you did not).

So, if they only can proove TM similarity, that does not mean that they can get domain name.
As i see it, you registered the domain name for Pinchpenny.org webhosting service purposes and this is your right.

Only thing to do is that you must explain that to arbiter (go to www.arbitration-forum.com and prepare yourself).
This will not cost you annything because Complainant must pay all the fees (around 1500-5000$).


Tell the bastards that they can f*** off.
If you need more info, just post to this forum.

I completely agree dax!
I would have told them to get lost!

I've fought off bigger dogs then XO Communications, Inc.
Good Luck!

 

[dax]

Well, if you want to be a domainer, you must know the domain law too

Have you seen what UltSearch has been doing at arbitrations?
Even the well known PriceWaterHouseCoopers couldn't touch him (pwc.com).
I think he lost only 1 or 2 of 15-20 cases.

 

[Kirsten]

that sucks. try and fight it!