Received a Cease and Desist Letter

[nonameman]

Hi,

We got a cease and desist email for PokerStarCasino.com (parked) from PokerStars.

We registered this domain almost 13 years ago in Sep 2004. We acquired 100s of casino and poker domain around 2004. Never knew there was a TM on PokerStar term.

"PokerStars" (plural with s) have one TM filed in Jan 2005 under a different company name than current owners and TM registration granted in 2008. All others TMs are filed in last couple of years by them.

There is no TM on the singular term "PokerStar" or "PokerStarCasino".

PokerStar.com (registered since 2003) is another live affiliate site which seems to be owned by someone different than PokerStars.

What should be our response or course of action?

Please advise.

Thank you.

 

[Captdocs]

Offer to sell it to Pokerstars?

I don't know how TM work, but you had the domain before they filed the TM..

Hopefully, someone else can help you.

I wish you luck!

 

[maksimfa]

If you registered it before the TM... make them a nice offer to buy it. =) Don't let them bully you. good luck!

 

[Hypersot]

Guys, domain was parked. Totally different story I should think.

to the OP. Imho, better get some professional advice. Random suggestions in the forum will only confuse you.

 

[maksimfa]

Guys, domain was parked. Totally different story I should think.

to the OP. Imho, better get some professional advice. Random suggestions in the forum will only confuse you.

Yes parked... but you are right. We really don't know what the C&D letter is demanding either. =)

In any case, as long as he did not have ads for PokerStars on it... who knows. In either case, he owned the domain for longer than PokerStars even existed it seems like. To me just screams bullying... and I am sure 95% of the people would fall for it.

 

[Dominique]

Relevant UDRP decision:

http://www.wipo.int/amc/en/domains/search/text.jsp?case=DRO2011-0005

 

[maksimfa]

Relevant UDRP decision:

http://www.wipo.int/amc/en/domains/search/text.jsp?case=DRO2011-0005

Thanks for link. The guy in the example registered the exact name, Pokerstars in various tlds.

In this case multiple and PokerstarCasino.

 

[Dominique]

Thanks for link. The guy in the example registered the exact name, Pokerstars in various tlds.

In this case multiple and PokerstarCasino.

This decision is important because it states the relevant facts (for example: pokerstars TM registration date).

On the other side, in this case ("pokerstarcasino"), I would not base my defence only on the fact that my domain is not confusingly similar to complainants mark.
But thats just my opinion.

 

[maksimfa]

This decision is important because it states the relevant facts (for example: pokerstars TM registration date).

On the other side, in this case ("pokerstarcasino"), I would not base my defence only on the fact that my domain is not confusingly similar to complainant.
But thats just my opinion.

Oh don't get me wrong the link is perfect as it presents facts.... and that they also offered to pay for domains.

 

[mr-x]

Hi,

We got a cease and desist email for PokerStarCasino.com (parked) from PokerStars.

Talk to a lawyer, not the Internet

 

[Dominique]

Talk to a lawyer, not the Internet

The best advice!