Recieved an email (Help Please)

[AndrewZ]

Today I recieved this email:

Dear Mr. (Me):

We represent Pamela Anderson and the venture known as Pamela-poker.com. Your use and registration of the domain name "Pamela-poker.info" as well as the use of Ms. Anderson's name and likeness for your website violates Ms. Anderson's rights under the federal trademark law and under state right of publicity laws. We reject in advance any defense that your website is protected since it is clearly of a commercial nature. Further, under a line of federal cases, the use of the "pamela-poker" portion of the domain name and URL is a trademark violation even if your site was entirely non-commercial, which it is not. The disclaimer at the bottom of your site also is insufficient as a defense, since it is not a defense to trademark dilution or to Ms. Anderson's publicity rights claim, and courts routinely reject such disclaimers in trademark cases as being insufficient to avoid confusion.

Accordingly, unless I receive from you confirmation in writing within 24 hours from today that you will immediately and permanently cease the use of all domain names, including Pamela-poker.info, for any website that relates to Ms. Anderson, her Poker site, or otherwise, and agree to identify to us and transfer to us ownership of all domain names that contain any reference to Ms. Anderson, we will initiate legal action against you.

We will not agree to any extension of the foregoing deadline.

I look forward to your confirmation.


Steven M. Weinberg
Greenberg Traurig LLP

Anyone have any suggestions on how I should pursue this? Also, he said he represents Pamela-Poker.com, and the site is actually PamelaPoker.com. Pamela-Poker.com redirects to a free-be site, so I assume is owned by another third party like myself.

Any help or commets is much appriciated

 

[labrocca]

It's a well worded email from them. Also you are squatting....plain and simple. Attempt better originality next time if you want to create a commercial endeavor.

 

[AndrewZ]

How is it squatting? It is a site that is promoting her online poker room. I am waiting for news on the affiliate program launch so I can start adding more content and links to her site. Right now, there is no affiliate program, so it kind of sucks having all this targeted poker traffic, but dont have the correct room to send them to .

 

[fonzie_007]

AZ-

You don't have much of a legal leg to stand on. If you really want to salvage the domain/site, I'd suggest talking with the attorney who wrote the C&D and proposing an arrangement that would be acceptable with Pamela. It is in your best interest to be straight forward with them and answer the letter. If you decide to fight this, your conduct during this time will be scrutinized.

 

[AndrewZ]

AZ-

You don't have much of a legal leg to stand on. If you really want to salvage the domain/site, I'd suggest talking with the attorney who wrote the C&D and proposing an arrangement that would be acceptable with Pamela. It is in your best interest to be straight forward with them and answer the letter. If you decide to fight this, your conduct during this time will be scrutinized.

Yea I have pretty much figured that there really isnt much I can do. I will see if there is anything that I can change on the site that will be acceptable to them like you suggested, but other than that I'm not sure. Thanks for the input :tu:

 

[namenut]

Does this mean that online gambling is legal for Pam Anderson? How can trademark law cover an offshore venture of another country?

edit: Pamela-poker.com
Redirected to "gamesgift.com". Established in 2005.

Pamelapoker.com
PamelaPoker.com is powered by DBPN (Doyle Brunson Poker Network), a company incorporated and licensed in Curacao, Netherlands Antilles. PamelaPoker.com is not available to residents of the following Countries and States: Russia, Italy, Illinois, Indiana, Louisiana, Michigan, Nevada, Oregon, South Dakota, Washington, and Wisconsin

mailto:[email protected]
Toll free: 1-888-762-4192
Intl.: (+506) 253-3984


I think this is a squeeze play. Take this email to an attorney. I think it's fake. I don't know if an attorney will quote a 24 hour time frame with-out stating a current time or date. I notice there are no statutes quoted. Bad faith laws prevent lawyers from throwing around threats with out cause. Also This is not a certified letter. His 24 hour demand would be predicated upon time of signature of acknowledgement.

I spoke to a "Rico" at pamelapoker.com. He says they are affiliated with pamela-poker.com but it is not located in the states. Also he would rather not say what country they (pamela-poker.com) are in. (offshore)

I made NO mention at all of your domain or this letter.

namenut

 

[wearenotabot]

I'd tell them give you 5k or you are keeping the domain live and sending the traffic to party poker!

 

[AndrewZ]

Does this mean that online gambling is legal for Pam Anderson? How can trademark law cover an offshore venture of another country?

namenut

Anyone have a comment on this? It sounds like a good point, but I have little knowledge on the topic.

 

[iNod]

Personally I would give this guy his wanted domain. See http://www.gtlaw.com/biographies/biography.asp?id=1627 for my reason.

Fighting a lawyer with that much talent in the area is hard to do.

Now from what I see.. Pam Anderson is Canadian therefore I don't think she has anything to do with this. I don't have any knowledge what so ever of laws in the US.. So I cannot really answer but from what I read it seems legit.

- Steve

 

[labrocca]

I'd tell them give you 5k or you are keeping the domain live and sending the traffic to party poker!

That's the worst possible advice you can give. It's grounds for cybersquatting and penalties are up to $100,000 for such actions.

 

[wearenotabot]

That's the worst possible advice you can give. It's grounds for cybersquatting and penalties are up to $100,000 for such actions.

Yeah, I was being real serious, lol

 

[avalon426]

Wow.... unbelievable, that is the most unprofesional and "un-lawyerlike- email I've ever seen.... that is the biggest joke ever. I've been in this game for a number of years now, and personally, if it flies like a duck and quaks like a duck then- well, you get the picture.... lol.... I'm not a lawyer, but have dealt with enough to suspect this to be BS... whenever a REAL trained lawyer quotes any LAW or makes referance to one, they tend to provide THE LAW... this is just killing me low, too many tip offs...

It's a well worded email from them.

Labrocca, I would not comment on things you know nothing about

 

[Ronald Regging]

I would state that most of their email is BS, based on the fact that Pamela-Poker.com, nor any variant of it, has a trademark, and proper names may be trademarked, but the only way to infringe on the TM of a proper name is if you present a false claim of sponsorship or endorsement by that person, which you do not by clearly stating such in your disclaimer. I think most of it is a complete scare tactic...

But you have to consider that the only reason you started the domain was in hopes of becoming an affiliate and making money, which clearly seems to be impossible at this stage, so what benefit do you have by holding onto it? It's a fairly bad domain name on its own and I can't picture it getting much type-in traffic, if any.

If it were a domain that had potential of bringing in good money or served other purposes and they were just trying to bully you, I'd be all for fighting it, but I just don't see the point.

 

[fonzie_007]

Wow.... unbelievable, that is the most unprofesional and "un-lawyerlike- email I've ever seen.... that is the biggest joke ever. I've been in this game for a number of years now, and personally, if it flies like a duck and quaks like a duck then- well, you get the picture.... lol.... I'm not a lawyer, but have dealt with enough to suspect this to be BS... whenever a REAL trained lawyer quotes any LAW or makes referance to one, they tend to provide THE LAW... this is just killing me low, too many tip offs...



Labrocca, I would not comment on things you know nothing about

You're claiming a senior partner at an international law firm doesn't know what he's talking about? http://www.gtlaw.com/biographies/biography.asp?id=1627

 

[labrocca]

Wow.... unbelievable, that is the most unprofesional and "un-lawyerlike- email I've ever seen.... that is the biggest joke ever. I've been in this game for a number of years now, and personally, if it flies like a duck and quaks like a duck then- well, you get the picture.... lol.... I'm not a lawyer, but have dealt with enough to suspect this to be BS... whenever a REAL trained lawyer quotes any LAW or makes referance to one, they tend to provide THE LAW... this is just killing me low, too many tip offs...



Labrocca, I would not comment on things you know nothing about

I been in this game for quite some time thank you. I do only speak on subjects I know about...unlike you sir.

I know lawyers...have lawyer friends...have gotten legal letters. Today as a matter of fact Atari Corporation's lawyer called me. I would say I am well versed in lawyers. hehe...

This was a first contact email. Also it wasn't written to a lawyer so most lawyers don't go all out for that kind of communication. My lawyer types like 80 words a minute and while he tries to proof everything he sends...things slip by. The hyphen may be a mistake because he might be sending the same email to the hyphen owner...who knows?

Also to impersonate a lawyer is a crime in most states.

The email imho is legit and the threat is real.

It's obvious the domain holder is infringing on their mark. That's plain as day.

 

[LatinPride]

I've been sent a C&D letter before and it wasn't through email.

I think a 24 hour deadline is ridiculous considering they dont know if you've read your email yet or not. I guess they do now since you did post it on this board. lol.

I just think such a deadline is ridiculous. I would email them with a request of payment for your efforts in time & money for the development of your site. If they're willing to spend time & money (whether their legal is on retainer or not) they shouldn't have a problem throwing $10,000 your way to get this thing settled.

 

[noodle]

my thoughts:

1) respond. whatever you do, respond.

2) find out if they represent pamela-poker or pamelapoker, as you say they're two different sites.

3) did you register this domain in response to pamelapoker? which came first, yours or theirs?

 

[namenut]

Personally I would give this guy his wanted domain. See http://www.gtlaw.com/biographies/biography.asp?id=1627 for my reason.

Fighting a lawyer with that much talent in the area is hard to do.

Now from what I see.. Pam Anderson is Canadian therefore I don't think she has anything to do with this. I don't have any knowledge what so ever of laws in the US.. So I cannot really answer but from what I read it seems legit.

- Steve

I would agree....however I don't think this email/letter came from his office (imho). Had it come from "gtlaw" the letter would have reflected a more professionally written demand. It would have been a certified letter requiring a signature. Also the 24 hr demand is a little unreasonable considering they would have no way on verifying the intended recipient actually read the email.
Another reason I feel this is a fake is that a lawyer of this caliber would be advised not to act on this matter at all at this time. :p There is current litigation weighing against the industry as a whole and at the congressional level there is strong opposition to the activities of these "offshore" ventures. :]
A sterling legal reputation and "gtlaw's" constituency would clearly dictate a low profile on such a case if "gtlaw" would even touch this client with a 10 foot pole.



To: AndrewZ

I would say if the domain name means enough to you to then seek legal advise. My experience in law is limited to risk management and auto claims/adjustments. I'm sure we all mean well but I'm not sure any of us know the law or the truth about this letter. You could simply call GTlaw and ask.

Most likely the peeps that paid "Pamela Anderson" the low to mid six (6) figures for the video spoof are behind the letter.

All that said... You would be well advised to be careful with your ventures considering your genre. :notme:

Good luck in this and please keep us updated.



namenut

 

[iNod]

I would suggest this. Send back information and do a phone conversation. Mind you even that can be fooled but only a good lawyer will be able to talk on the phone professionaly. Ask him about the laws and see what we can do to work this out. Sound professional and don't let him know you don't know about laws and stuff. I also suggest doing some research or contact a lawyer of your own for help.

- Steve

 

[avalon426]

I been in this game for quite some time thank you. I do only speak on subjects I know about...unlike you sir.

I know lawyers...have lawyer friends...have gotten legal letters. Today as a matter of fact Atari Corporation's lawyer called me. I would say I am well versed in lawyers. hehe...

This was a first contact email. Also it wasn't written to a lawyer so most lawyers don't go all out for that kind of communication. My lawyer types like 80 words a minute and while he tries to proof everything he sends...things slip by. The hyphen may be a mistake because he might be sending the same email to the hyphen owner...who knows?

Also to impersonate a lawyer is a crime in most states.

The email imho is legit and the threat is real.

It's obvious the domain holder is infringing on their mark. That's plain as day.

I've been in here for a while too my friend. And have received enough letters from FELLOW DOMAINERS trying to use this method to hijack typos and trademarked names so I think I know a bit of what I'm talking about. You think it's hard just throwing a lawyers name at the bottom of an email? You think it's hard faking an email address? Ha. This is possibly the most unlawyer like letter I've seen in a while. I personally would not give this letter the time of day. The deadline is fishy, the wording is especially fishy. Every single REAL c+d I've received was followed by mail correspondance or a call. You should post the email address here. I think that would help make things a little clear. Was the email from gtlaw.com? If it was, was their any request to transfer it to some other email?