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Please advise ,what should I reply to this mail ?

Labeled as guide in Legal Discussion, started by varmuk, Jul 25, 2017

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  1. varmuk

    varmuk Namox.com VIP Gold Account

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    Dear Site Owner,

    Revlon Consumer Products Corporation is the owner of some of the most famous trademarks in the cosmetics industry, including the REVLON® trademark. As you are no doubt are aware, the REVLON trademark is used to identify, advertise and promote Revlon Consumer Products Corporation’s products and activities.

    It has come to our attention that you have registered without Revlon Consumer Products Corporation’s permission or authorization, the domain name tevlon.com. This unauthorized use of Revlon Consumer Products Corporation’s proprietary intellectual property falsely suggests Revlon Consumer Products Corporation’s sponsorship or endorsement of your website.

    We ask that you immediately disable all content hosted at tevlon.com and allow the name to expire.

    Should you require additional information or wish to further discuss this issue, please do not hesitate to contact us.

    Sincerely,

    Revlon Consumer Products Corporation Brand Protection
    [email protected]
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. varmuk

    varmuk Namox.com VIP Gold Account

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    Domain is listed, on BB from dec 2016.
     
    Last edited: Jul 25, 2017
  3. LucidDomains

    LucidDomains LucidDomains.com VIP

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    Unless you have a trademark for the word "tevlon", I will not be relinquishing this domain unless it is purchased. The domain can be bought here. Any forced attempt in acquiring this name without purchase may result in your company receiving negative press in the form of Reverse Domain Name Hijacking. If a forced attempt is made and a RDNH or similar verdict is given, the price of this domain may significantly rise to cover costs or the domain may not be available to your company at all.

    ...


    That's what I would say and if they launch an UDRP I would fight it, but I also wouldn't care if I lost personally as the name is basically reg fee in my opinion. If you don't want to fight them, hand the domain over to them and be done with it.
     
    Last edited: Jul 25, 2017
  4. DNWon

    DNWon eCommerce Branding Specialist VIP

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    A strongly worded letter from you or an attorney about how your domain name would not confuse anyone and your business is in no way related to the sale of cosmetics or personal products, would most likely be sufficient to ward off a UDRP, even though some companies are successful using this technique to intimidate domain owners holding misspellings of trademarked names and your tevlon is only one key away from their revlon, this seems like a scare tactic, especially since it's listed at BB and doesn't resolve to a parking page with cosmetic sales links! Good Luck!
     
  5. Asfas1000

    Asfas1000 Top Contributor VIP

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    Tell them that you were attempting to infringe on the Teflon trademark instead :xf.grin::-P:xf.grin::-P:xf.grin::-P
     
  6. wwwulff

    wwwulff Top Contributor VIP

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    I`m not sure I would answer if it was me - I'm not an expert, but you have no ad from them on the name and the only thing they can argue with is that the name might be confusingly similar to their trademark and can create confusion.
     
    Last edited: Jul 25, 2017
  7. tonyk2000

    tonyk2000 Top Contributor VIP ★★★★★★★★★★

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    Email addresses on mm-something domains are used by emailing bot of MarkMonitor brand protection company (who afaik were acquired by somebody some time ago, but are still spamming from mm- email addresses). Revlon corporation is definitely unaware of your tevlon domain or the email your received. It is also likely that nobody @ markmonitor reviewed the email sent from their bot.

    I have once received something similar and promptly responded with something like "Dear MarkMonitor, please reconfigure your bot or hire more humans to review before sending automated nonsense complaints.". Which (in my case) was nonsense - they complained about generic 2 words domain parked with manually selected correct keywords-links, and their "customer" was of very different area. Never heard from them again.

    Whether tevlon is confusingly similar to revlon, and how you use the domain - you should know better, so I performed zero checks on this. And, who really this Revlon is? Never heard about them...
     
    Last edited: Jul 25, 2017
  8. kandyan

    kandyan Top Contributor VIP

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    Tevlon is not Revlon.. and you're not infringing on there Trademark..

    if you intend to fight.. follow along @LucidDomains suggestions..

    There're so many companies exist with just a single letter variation..

    ie; Cisco / Cysco / Sysco etc..
     
  9. Dominique

    Dominique Established Member

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    Hello varmuk !

    First of all, are you ready to fight for this domain?
    If you are, than you should try to collect as much informations as you can, which are related to this case.
    This is a good place to start.
    Second, you should hire a good lawyer so you can make your case more successful !


    There are approximately 70 UDRP cases involving Revlon Consumer Products Corporation as a complaint.
    https://www.dndisputes.com/search?complainant_name=revlon

    Interesting facts:
    - not a single one denied (all transferred to Revlon and a few of them terminated)
    - all domain names in these cases involve word "Revlon" in their name (or other word which represents mark acquired by the Revlons, such as "almay")
    - also, all domains in these cases are similar, but not confusingly similar to their mark !


    It is questionable whether domain is confusingly similar to Revlon.
    Complainant would definitely go for misspelling infrigement argument.
    When misspelling argument is used, relevant Wipo Consensus view states:
    A domain name which contains a common or obvious misspelling of a trademark normally will be found to be confusingly similar to such trademark, where the misspelled trademark remains the dominant or principal component of the domain name.

    If panel would found this domain is confusingly similar, they would discuss whether you are using it in a
    bad faith.
    Im not going to speculate here about "using in a bad faith", because I dont know what you have done with your domain from its registration till now.
    Also, there are many traps and various considerations into this element of UDRP test.


    Respecting the fact that this situation is complex, a good lawyer would better know how to defend it well.

    Good luck !!!
     
    Last edited: Jul 26, 2017
  10. SpareDomains

    SpareDomains Jay VIP ★★★★★★★★★★

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    "A beauty brand"

    That's the fail on the sales page.

    No need for that as who would think beauty brand for a domain like tevlon unless revlon already existed. By that being on there your basically stating it's similar to revlon, your aware of revlon and suggesting beauty brand usage.
     
    Last edited: Jul 26, 2017
  11. usernamex

    usernamex Top Contributor VIP

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  12. campout

    campout Top Contributor VIP

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    Available:

    Xevlon.com
    Wevlon.com
    Mevlon.com
    Hevlon.com
    Yevlon.com
    Vevlon.com
    Qevlon.com
    Gevlon.com
    Fevlon.com
    Levlon.com
     
  13. 1Darko

    1Darko Top Contributor VIP

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    I didn't find any trademark for the term "tevlon". Therefor I agree with @LucidDomains.

    Don't put any ads related to revlon on your page and everything should be in your favour!

    If you need a lawyer you can contact @jberryhill

    Good luck!
     
    Last edited: Jul 26, 2017
  14. Mister Funsky

    Mister Funsky Top Contributor VIP

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    The only thing on your page is a reference to "beauty brand" that may be an issue...remove that and just ignore them.

    (I am not a lawyer and my opinion carries equal weight to that of a feather...a very small one!)
     
  15. karmaco

    karmaco Top Contributor VIP

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    If your pages are parked and whoever is running them has Revlon ads on your page without your knowledge this may be a valid (to them) complaint. Is your domain parked with ad parking that you don't control? I can't see why else this word would be flagged.
     
  16. Mister Funsky

    Mister Funsky Top Contributor VIP

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    For OP: You (domain owner) control the choice to go to blank or to park or to have landing page...the bottom line is that you as the registrant have the power and therefore the responsibility. Find a nice generic page to land if bb wont adjust the wording for you (if you can't). Best wishes.
     
    Last edited: Jul 26, 2017
  17. Grilled

    Grilled xn--n48h.to/worldpeace VIP

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    Really impressed by the amount of quality info other members have already provided. My thoughts:

    As another member mentioned -- selling the domain as a beauty brand may have given them merit to send the letter. Additionally - T is next to R - thus can be considered a direct typo. (Bevlon and Cevlon are both developed-- though b and c aren't directly next to r.)

    upload_2017-7-26_11-8-48.png

    As another member mentioned, it's also a direct typo of Teflon -- v is directly under f -- and the other keywords are similar to teflon's registered TM industries.

    Does anybody know if BB has a TM department OP can forward the TM email from? Looking at their site - their appears to be a broken contact link.

    upload_2017-7-26_11-13-14.png
    Violation for buyer could be attempting to obtain a domain through RDNH. The HERE hyperlink redirect to broken page: http://help.brandbucket.com/tickets/new (tagging @margotb and @michaeljkrell so they can fix this)

    BrandBucket says the below info about TM:

    upload_2017-7-26_11-17-1.png

    Does BB have a responsibility to not market your domains in a manner that doesn't infringe on major brands TM? Them listing it as a beauty ban may have prompted the email.

    Lastly, speaking towards direct typo trademarks -- could there be a shoe or apparel company named Mike or Bike? I ask because those are both direct typos of Nike ;)
     
    Last edited: Jul 26, 2017
  18. Dominique

    Dominique Established Member

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    @Grilled , I think you have asked a good questions and I will do my best to answer them.


    Im not familiar with Brandbucket, but in their rules and faqs states that Brandbucket doesnt have responsibility to trademark infrigements.

    Responsibility is on the legal owner of the domain, who has to ensure that domain does not infringe the right of a third party.
    BrandBucket only reserves the right to remove domains from their database which "in BrandBucket's sole discretion, may infringe or violate the proprietary rights of any third party".

    Also, the potential buyer of domain has "responsibility to research whether or not their desired domain is subject to trademark or intellectual property protections".


    About typo or misspelled domains:

    Position of the letters on the keyboard can play a role in defining whether domain is purposefully misspelled, but its not a primary reason !
    So, keyboard position of the misspelled letters is just one of the circumstances need to be considered.
    Is some cases it can be crucial, especially when strong TM is in the game
    (for example: https://www.dndisputes.com/case/d2017-0281/) - The Panel determines that the disputed domain name <verizom.com> is identical or confusingly similar to VERIZON, a mark in which the Complainant has rights. The disputed domain name differs from the Complainant's mark by altering the final letter, from "n" to "m". As the Complainant points out, the keystrokes for these two letters are adjacent on the standard keyboard.

    Purposefully misspelled is not a clear subjective category !!! (not a legal term, I just want to make easier to understand)
    Sometimes, panel can conclude that respondent must have known of the existence of the complainants rights in its registered mark.

    Other similar cases:
    http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1043.html
    http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0775.html


    Bike is a generic term and Mike is widespread given name.
    In these and similar cases, there will be no tm infrigement (in general !!!).
    But the main point of your question is deep and it requires a complex observation.
     
    Last edited: Jul 27, 2017
  19. usernamex

    usernamex Top Contributor VIP

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  20. varmuk

    varmuk Namox.com VIP Gold Account

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    thanks,all for giving your best view,for now i have replied as per @LucidDomains said.
     

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