Trademark Cease and desist letter

[tophatter]

.mobi Domain name (Trademark Cease and desist letter)

Hi, New to this and registered a famous dead artist name under .mobi extension. Had it for sale but no longer due to unknowingly the name was trademarked.I received a letter from an intellectual property lawfirm stating that I was infringing on trademark protection. The letter stated that I immidiately cease and disist all activities related to the trademark name and immidiatley start the transfer process of the domain name to their client by a certain date or more formal remedies would be considered to protect their clients trademarked name.
I checked to see if the name was trademarked and it was.I immidiately removed it for sale and removed it from any typeins and redirecting of any traffic.
I really do not want to transfer the name because after checking they do not own any domain names that is the same with any other extensions.
Should I email them to tell them that the name is not being offered for sale or in any way infringing on their clients trademark.I do not want any problems with this.
Please Help. Any advise would be appriciated

Thanks, Tophatter

 

[Damion]

I would first do a Google search and call the Lawyer in question to verify if this C&D letter is a legitimate letter. It could be someone posing as a Lawyer.
Verify this first.

And Welcome to the forum

 

[tophatter]

It is a legitimate Intellectual property lawfirm.

 

[Barrucadu]

In that case, send them the domain.

Not owning it in other extensions dosnt mean that they cant trademark it.

 

[Damion]

It is a legitimate Intellectual property lawfirm.

The letterhead may be from a legitimate Intellectual property law firm but did you verify by calling them?
And asking them if a C&D letter has indeed been send to you? Don't mention the domain in question to them just ask the lawyer that is noted on the C&D letter if a letter has been send.

Anyone can easily forge a C&D letter and send it to you, it wouldn't be the first time this happens.

Be absolutely positive and you can only be absolutely positive if you seek contact by email or phone. Don't use the email link in a C&D letter that came through email but find the contact details on the website.

If it all checks out then i would certainly comply with their request to transfer the domain to them.

 

[tophatter]

Thanks, I'll check out the source .Does anyone know anyone who this happened to and if so what were the results.

 

[Damion]

If it's legitimate and if you would not comply then you can risk the following happening to you.

loss of the domain
loss of all revenue obtained from the use of the domain
actual damages
punitive damages
complainants legal fess (along with your own)
100,000 fine for violation of the Lanham act
black mark against you for cybersquatting that could be used against you in future disputes.

If you comply there is nothing to worry about.
If the domain is the name of an artist dead or not then you have no leg to stand on unless your name is the same

 

[Mike]

in simple words, if the law firm is indeed a real firm and they acknowledge having sent that C&D letter, then you might just want to surrender. this would be a battle that you could never win. if you get lucky, they might reimburse you for the reg. fee, but even that i doubt. decency, even though you made an honest mistake and removed all listings, etc., is not existing in law firms.

sry :/