Time to uncork the champaign...my first C&D!

[Domainate.com]

I figured it was only a matter of time. Looks like their email generator didn't recognize a particular character as it put question marks in some weird places. I wonder how the U.S. Government feels about them running a sportsbetting/poker/casino site in the U.S., but ANYWAYS...

"Dear Steve Jones:

We write on behalf of Bodog Entertainment Group S.A. ("Bodog"). Bodog owns the BODOG trademark (the ?BODOG Mark?), for which Bodog holds various trademark rights ? including U.S. trademark registration 2,930,682. The BODOG Mark is well-known and famous; it is used to provide online wagering & gaming services, gaming educational services, as well entertainment properties in various other fields. The BODOG Mark is used in (among others) the www.bodog.com and www.bodog.net Internet domain names, which are also well known.

It has come to our attention that you are currently operating a web site at http://www.bodogbonus.com/, a domain name that infringes the BODOG Mark (the "Infringing Domain Name"). You are using the Infringing Domain Name to redirect Bodog's existing and potential customers to the web site for your business purposes. More specifically, you are using the Infringing Domain Name to obtain Internet traffic intended for Bodog, by causing Internet users to mistakenly believe that your web site is associated with, sponsored or endorsed by, or otherwise related to Bodog.

Bodog did not authorize your use of the BODOG Mark in the Domain Name. Bodog is neither affiliated, connected, nor associated with you, and neither sponsors nor endorses your business. Thus, your unauthorized use of Bodog?s intellectual property may constitute, among other things, trademark infringement, trademark dilution, false designation of origin and cybersquatting ? in violation of various international and U.S. laws, including 15 U.S.C. ? 1125(a), 1125(c) and 1125(d).

Bodog would prefer to resolve this matter amicably, if such a resolution can be reached promptly. To avoid the necessity of Bodog taking additional action to protect its intellectual property, Bodog demands immediate written confirmation that you will comply with the following terms:

1. IMMEDIATELY AND PERMANENTLY CEASE USING THE http://www.bodogbonus.com/ DOMAIN NAME AND ANY OTHER DOMAIN NAME INCORPORATING BODOG?S TRADEMARKS OR ANY VARIANT THEREOF;

2. IMMEDIATELY TAKE ALL NECESSARY STEPS TO TRANSFER TO BODOG (OR ITS DESIGNEE) THE REGISTRATION OF THE http://www.bodogbonus.com/ DOMAIN NAME AND ANY OTHER DOMAIN NAMES WITHIN YOUR CONTROL THAT INCORPORATE THE ?BODOG? MARK OR ANY VARIANT THEREOF, INCLUDING (A) UNLOCKING THE DOMAIN NAME (B) PROVIDING US WITH THE AUTHORIZATION CODE FOR THE DOMAIN NAME; AND (C) SUBSEQUENTLY EXECUTING ANY EMAILS OR OTHER DOCUMENTS TO EFFECTUATE THE TRANSFER; AND

3. AGREE NOT TO USE ANY NAME, MARK, OR DOMAIN NAME WHICH INCORPORATES THE ?BODOG? MARK OR ANY VARIANT THEREOF, OR INFRINGES ANY OTHER TRADEMARK OR OTHER INTELLECTUAL PROPERTY OWNED BY BODOG.

You must provide us with written assurance that you will fully comply with Bodog?s demands within forty-eight (48) hours of the date of this email. Should you fail to comply, Bodog stands ready to pursue its available legal options.

The demands made herein are not made to the exclusion of other rights or remedies to which Bodog is entitled, and nothing in this letter, nor any act or omission by Bodog, shall be construed as a waiver of any right or remedy possessed by Bodog, all of which are expressly reserved.

Your prompt attention to this matter is appreciated.

Best Regards,

Legal Department
Bodog? Entertainment Group S.A."

 

[pixelbugnyc]

are there cases like this that we know of that resolved in the defendant winning the case?

 

[ofclean]

Congrats!

I wouldn't plan on fighting this one unless you want to wait it out until Bodog is shut down.

 

[pixelbugnyc]

follow up:

there are many sites out there that "support" existing sites. be it with repairs, services, parts, accessories...you get the drill. there are books upon books out there titled for example, ebaytips, ebayrules, how i beat ebay. are they violating laws by using ebay in their title?

this is similar i would take it. assuming your site was in some way adding to the experience of dealing with that brand.

is it illegal for example for example to own and run ipodlounge.com? they are big and apple has never complained. at least i dont think i heard of anything.

 

[Dave_Z]

Other people's behavior is no indication of whether something is illegal or not.
You just have to take some time to understand these things a bit.

I'll give you a hint: if you look closely at the domain name's current site while
it's still up, can you see anything there that benefits the trademark holder?

Then put yourself in the trademark holder's shoes: would you appreciate it if
someone does something like that, you don't benefit from it at all, and it's just
showing competing products?

I got a bottle of aspirin here if this thing's giving you a headache. :D

 

[timmaay]

bodog is one of few places still honoring US citizens in their gambling mania.

where is ICANN located anyway

 

[Domainate.com]

FYI everyone, there's no chance I won't give the name up to them. It honestly was making very little money anyways, so they can have it! I just thought it was interesting that I FINALLY got a C&D, almost 3 years into this biz, after I've had some worse TM infringing names and have even sold MySpace.cc for $1,000, and by a company that's pretty much operating illegally anyways (not that I'm against online gambling being legal in the US, but if it's not, why are sites still allowing US players to do it when other sites like BetOnSports are being broken up and charged by the govt? Even if they were operating off of US soil, look at what's happened to Neteller!

Anyways, I don't intentionally go after TMs and didn't realize they had one at the time I got the name. At the time I got MySpace.cc, I don't think MySpace had been trademarked either, but I'm sure that one's a dangerous one too.

 

[Dave_Z]

I just thought it was interesting that I FINALLY got a C&D

Frame it! :D

 

[Domainate.com]

Other people's behavior is no indication of whether something is illegal or not.
You just have to take some time to understand these things a bit.

I'll give you a hint: if you look closely at the domain name's current site while
it's still up, can you see anything there that benefits the trademark holder?

Then put yourself in the trademark holder's shoes: would you appreciate it if
someone does something like that, you don't benefit from it at all, and it's just
showing competing products?

I got a bottle of aspirin here if this thing's giving you a headache. :D

FYI, I wasn't questioning whether the domain was TM infringing or not, I KNOW it is. At the time I reg'd it, I didn't know they had a TM, but at the point of finding out, there's not a whole hell of a lot to do.

 

[labrocca]

Congrats on joining the C&D club. As you say...the wise move is to comply and move on. As I see it's a parked page..always the target of C&D's imho. Goodluck sir.

 

[Domainate.com]

I'm not sure whether being facetious in the midst of going above and beyond fully complying with their request in an expeditious manner will open up a can of worms, but if so, GRRRREAT!

"Dear Bodog Legal Department:

I will not only give you the authorization code for BodogBonus.com and unlock it, but I will also give you the authorization codes for all other potentially trademark infringing domain names I currently own and unlock those as well. They are as follows:

*names with auth codes*

Now that I have done above and beyond what you have asked and in far less than 48 hours, since you ARE the legal department of Bodog Entertainment Group, I would like to further understand the legality of Bodog continuing to take sports and poker bets from U.S. citizens despite the illegality of gambling online in the U.S., as the government so aptly reminded us with the Unlawful Internet Gambling Act and the indictment of several executives of the former sportsbetting site BetOnSports.com and closure of that site. I’m sure the members of the U.S. Congress and Senate as well as the President of the U.S., who all backed the Unlawful Internet Gambling Act, would like to understand as well. Especially since Neteller has recently been charged for money laundering with relation to internet gambling Americans despite Neteller being based out of the Isle of Man, I hope for your sake that your site is operating legally. Given your aptitude to quoting U.S. law in your email to me, I’m sure you’re perfectly safe and will continue to thrive off of U.S. gambling money. Good luck with the continued operation of your site!

Steve Jones"

I'll be very surprised if I actually get a response back, but we'll see. I've always wondered how these sites can skirt the law, and maybe I'll find out from the horse's mouth! The ironic thing is that one of the tiny businesses I'm a partner in has just created a strong partnership with an attorney that has received a presidential pardon from Dubya in the past. I'm not sure how close his ties are still to the president, but it would be ironic if I COULD find out what he thinks, lol.

 

[Tippy]

Know whats funny, I'm watching " L Word " now and one of the women had on a black t-shirt with the name/url on it lol...

Congrats, my first C&D came a few years ago from eBay but I didnt hand the name over to them, they tried to tell me that I couldnt use the domain because it contained the word " Bay "

 

[Domainate.com]

Know whats funny, I'm watching " L Word " now and one of the women had on a black t-shirt with the name/url on it lol...

Congrats, my first C&D came a few years ago from eBay but I didnt hand the name over to them, they tried to tell me that I couldnt use the domain because it contained the word " Bay "

Wow...how hard did they fight to try and get it? A friend of mine got bullied out of a name by GoDaddy because it was a reseller account and had "Daddy" in the name. Ultimately they actually bought the name from him.

 

[Tippy]

We went back and forth for about 1 week, 5 or so emails, the domain was BoatBay.com

I was hoping they would make an offer but instead they stopped replying to my emails, I sold the name about 6 months later for peanuts, looks like its parked now.

 

[Dave_Z]

FYI, I wasn't questioning whether the domain was TM infringing or not, I KNOW it is. At the time I reg'd it, I didn't know they had a TM, but at the point of finding out, there's not a whole hell of a lot to do.

Sorry, I should've mentioned my post was actually meant for pixelbugnyc.

Tippy's case is different because it's only the word "bay", which isn't exactly
what eBay is known for.

 

[DNQuest.com]

NT- it is admirable to offer the other domains, and I do understand why you would send a response like that, but was it neccessary? Important lesson here, even if you comply with a C+D, they can still take you to court for cybersquatting and violation of the Lanham (please research the penalties), unless it is written somewhere that all legal matters are resolved. IE- they promise not to pursue anymore action against you. Even though the possibility is very remote, if for some reason they are made angry and feel someone may cuase trouble, they could (in theory) make that person life miserable.

Moral of the story, if you get caught and you know you are wrong, don't stir up more trouble.

 

[circa1850]

Tell them that Bo is Bo Jackson and you are a fan of his.

BoDogBonus.com...not a thing wrong with it. Stay the course...oops, not a good phrase.

This is your first, eh?

eBay thinks they own those letters of the alphabet E-B-A-Y. The have sent me letters and emails demanding that I surrender MaineBays.com. They insisted that I infringed on their trademark and copyrights.

My wife and I had been planning an extended kayaking trip along the coast of Maine. This was to be our online photo site.

I sent their legal team an email and a letter. In that communication, I explained to them what the intent was for the domain.

But, I also mentioned that I would locate the heirs of the founder and namesake for CheasepeakeBay and the botanist who founded and named the native wildflower RoseBay, as well as the heirs to Otis Redding for the soulful rendition of "Sitting on the Dock of the Bay" and advise all of them to seek legal counsel to sue the hell out of ebay for depriving them of billions of dollars in royalties and using E-B-A-Y without their permission.

End of story.

 

[GeoOwners]

Tell them that Bo is Bo Jackson and you are a fan of his.

BoDogBonus.com...not a thing wrong with it. Stay the course...oops, not a good phrase.

This is your first, eh?

eBay thinks they own those letters of the alphabet E-B-A-Y. The have sent me letters and emails demanding that I surrender MaineBays.com. They insisted that I infringed on their trademark and copyrights.

My wife and I had been planning an extended kayaking trip along the coast of Maine. This was to be our online photo site.

I sent their legal team an email and a letter. In that communication, I explained to them what the intent was for the domain.

But, I also mentioned that I would locate the heirs of the founder and namesake for CheasepeakeBay and the botanist who founded and named the native wildflower RoseBay, as well as the heirs to Otis Redding for the soulful rendition of "Sitting on the Dock of the Bay" and advise all of them to seek legal counsel to sue the hell out of ebay for depriving them of billions of dollars in royalties and using E-B-A-Y without their permission.

End of story.

NICE !

 

[Domainate.com]

NT- it is admirable to offer the other domains, and I do understand why you would send a response like that, but was it neccessary? Important lesson here, even if you comply with a C+D, they can still take you to court for cybersquatting and violation of the Lanham (please research the penalties), unless it is written somewhere that all legal matters are resolved. IE- they promise not to pursue anymore action against you. Even though the possibility is very remote, if for some reason they are made angry and feel someone may cuase trouble, they could (in theory) make that person life miserable.

Moral of the story, if you get caught and you know you are wrong, don't stir up more trouble.

Yes, it is completely unnecessary, and could have stirred up trouble. But hey, if they stir up trouble for me, I can stir up trouble for them, and I wonder who has more to lose: a lower-mid income individual or a multi-billion dollar company? I don't like how companies think they are above the law, more so the bigger they are.

It doesn't matter anyways, they sent their happy reply to me and completely ignored that part of my email - as I figured they would. Even if they tried to stir up trouble, being the wordly whiz that I am, I can point out that there was nothing but an amicable tone in my email to them. As the old saying goes, sarcasm doesn't translate well over the internet. :p

 

[smashfactory]

if you kept the domain, but did not use it, and did not have it pointed to anything- can they still take it? if you are doing nothing to confuse the public, how can they still take it away?