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Just received a C&D from a famous fast food chain. I'm not disputing their demand that I turn over the domain, but I do have an issue with a further request included at the end of the C&D and need advice.
Has anyone been asked to do the following....and/or doesn't this seem a little out of line for a demand/request? (Specifics below.)
Here's the text from the letter describing what they want:
Please provide us with written confirmation of your agreement [to cease and desist] using the mark and transfer the Domain Name to <them> by having an authorized representative <of my company> sign the statement below and return it by 12/29/2006. Otherwise, we will be force to take such action as deemed necessary…..etc.
Here's what they want me to agree to:
<my company>, its officers, directors and agents, hereby agrees to assign its domain name registration for [the domain in question] to [Their Company], or to take such other or additional action as [my registrar] requires to secure registration of the domain name in the name of [Their Company]. [My Company] hereby further agrees not to seek registration of any domain which is similar or identical to any mark or name owned by [Their Company].
The bolded sentence (I did that) is what seems a little too much. I don't have any issue with not registering a domain identical to any mark or name owned by them, but how would I know about any similar names owned by them? For all I know, they could own anything...and I wouldn't know if I was registering something similar. For example, say they owned beans dot com (they don't), and I'm looking at registering chilibeans...how would I know to check for their ownership of anything similar to what I want to buy...and would that mean I really couldn't own chilibeans (or coffeebeans or beanstalk or whatever) even if the domain usage and intent is totally different? Who would decide what "similar" encompasses? It just seems very limiting on my part to agree to this when I don't know what all they own...what could be construed as 'similar'...or who decides what is similar...not to mention no time limits on this.
I'm thinking I should call them and try to work this out, but I'd appreciate your considered opinions and advice first.
Thanks.
Has anyone been asked to do the following....and/or doesn't this seem a little out of line for a demand/request? (Specifics below.)
Here's the text from the letter describing what they want:
Please provide us with written confirmation of your agreement [to cease and desist] using the mark and transfer the Domain Name to <them> by having an authorized representative <of my company> sign the statement below and return it by 12/29/2006. Otherwise, we will be force to take such action as deemed necessary…..etc.
Here's what they want me to agree to:
<my company>, its officers, directors and agents, hereby agrees to assign its domain name registration for [the domain in question] to [Their Company], or to take such other or additional action as [my registrar] requires to secure registration of the domain name in the name of [Their Company]. [My Company] hereby further agrees not to seek registration of any domain which is similar or identical to any mark or name owned by [Their Company].
The bolded sentence (I did that) is what seems a little too much. I don't have any issue with not registering a domain identical to any mark or name owned by them, but how would I know about any similar names owned by them? For all I know, they could own anything...and I wouldn't know if I was registering something similar. For example, say they owned beans dot com (they don't), and I'm looking at registering chilibeans...how would I know to check for their ownership of anything similar to what I want to buy...and would that mean I really couldn't own chilibeans (or coffeebeans or beanstalk or whatever) even if the domain usage and intent is totally different? Who would decide what "similar" encompasses? It just seems very limiting on my part to agree to this when I don't know what all they own...what could be construed as 'similar'...or who decides what is similar...not to mention no time limits on this.
I'm thinking I should call them and try to work this out, but I'd appreciate your considered opinions and advice first.
Thanks.
