Tamiflu Trademark

[juliusbrill]

I have a domain in violation of Boche's claimed trademark ownership of tamiflu. What are my options for dealing with them? Boche, based in Switzerland, wants me to transfer my domain with them only paying regfees. Any advice/exp. appreciated. Thanks

 

[dreaminginspiration]

whats the domain

 

[juliusbrill]

buy-tamiflu-now.com

 

[Dave_Z]

Transfer it.

 

[jmweb]

Is there a relation between your site and their company?

if ("$relation" == "yes") {
echo "Transfer it";
}
else {
echo "explain more";
}

 

[juliusbrill]

Am I getting a raw deal if Boche only pays the regfee?

 

[spikedo]

Transfer it to them. Not worth the potential legal trouble.

 

[dreaminginspiration]

trasfer it:

1. they just made millions so they can afford legal fees.
2. its a clear tm abuse domain.

 

[bluesman]

Even if you are the actual inventor of a "tamiflu vaccine" (or whatever) it was, it was still something obviously developed while the creator was under the employee umbrella of Boche. Hence, only Boche itself can bandy about that name on the internet. Verdict: transfer it to them right away, and don't do anything like this ever again.

(Consider yourself lucky that they were so legally polite about this.)

 

[fonzie_007]

Depends on how much you want to risk. If you resist the transfer, they can easily haul your butt to court. A lawyer will cost you a minimum of $125/hour. If you do end up going to court, you may be liable not only for giving them the domain name but also their lawyer's fees. (you would be talking minimum of $50k)

If I were you, I probably would just transfer it, unless you feel lucky. Is asking them for $1,000 really worth costing you a lot more if they decide to sue you?

Precedents are in their favor, you will lose a court battle...