- Impact
- 10,820
Hello guys,
Without saying too much.
The largest USA provider of voice,cable,and internet company name starting with V.
Reached out to me couple of days ago.
Because I registered their TM in .com domains.
Facts.
1.These particular domains have one drop each( I didn't check before regging). And we're owned for 2 years each a piece.
2. This "mark" I've seen is registered with 40-50 other domains by other registrants other than V. Some are exact matches in other exotic extensions like .kr or .PL etc etc.
3. These other domains have been registered years ago and are still owned by current registrant. How?
4. If you have more than one domain containing the TM are you more exposed to losing a case ?
Some are even owned by the likes of Buydomains.com and DomainMarket.com (Mike Mann)
Companies with ,I assume, big budgets and big time lawyers on retainer.
Me? No.
I really don't understand how these other domains get to keep their domains while I'm sent pretty scary emails with "high pressure" tactics with deadlines to simply hand over my domains.
Two laws were mentioned. Lanham act and Anticybersquatting Consumer Protection Act.
Also they mention the mere "act of registering TM domains is automatically in bad faith".
Then of course they point out that have been awarded millions in such cases against TM offenders. (Scare tactic)
In which case I responded since they mentioned their big money awards for each case why hasn't V gone after and won cases for all the other 30-40 domains containing V's TM? Surely the incentive is there if they are so confident in winning such cases which end in big money awards.
They ignored responding to the question. Saying these are questions best asked of my own legal counsel.
See with obvious black and white straight forward laws like the lanham act or ACPA how the hell do the current domain owners of domains containing V's TM still own their domains? Some were since 2008.
My domains are currently pointed to the default landing page for the registrar. No pay per click ads.
I will say this, V company has won big cases in the millions.
It's really an easy way for these companies to get domains for nothing. Just send threats and mentioned big money awards.
As a domainer is it stupid to assume you can just email V and tell them to do what they need to do. And tell them if they proceed with a case that I officially state via email I would gladly surrender the domains without contest immediate but not before they actually file a case.
It's almost like playing chicken with a big 50 ton semi truck on the highway.
The threat is only really valid if they proceed. Although companies like this have unlimited resources so they can just proceed with $3000-$5000 costing court cases just to get the domains they want and for PR purposes add to their roster of won cases. So win win for them.
But then again there are those 40-50 domains that are way more "offending" to their trademark than mine is.
I don't feel safe at all. Pretty scary. I feel like just surrending these domains and move on. That's what Captain obvious would say. He would also say never reg TM domains.
Is it enough or isn't it understood by TM lawyers that in court if it is pointed out that there are 40-50 other domains containing their mark that have been registered for 5-10 years prior to mine ever being registered that are owned by other domainers and not V that this is enough to throw out a case?
Still I feel a company with unlimited resources and throw it's weigh around and do whatever it wants.
I'm sure some of the owners of the other offending "V" domains are not rich. Just like me. Yet they are holding their domains for years in some cases.
I'm sure V has had their TM for years too.
Also what about domain owners from China ? I see alot with domains with V's mark owned by Chinese and most with privacy . Does this provide them some protection? I doubt it.
And talk about blatant. The domains owned by buydomains and domainmarket have salespages with buy now buttons. If that's not blatant I don't know what is.
I even called buydomains about their domain they owned containing V's TM and ask how they can own it.
They said their lawyers advise them on what domains they can invest in that does not leave them exposed to lawsuit.
If that's not a good enough confidence builder I don't know what is?
Or would that be stupid to assume that since buydomains lawyers gave them a greenlight then my domains should be in the clear?
I have never reached out to this V company. Or have any content related to V's goods and services. Not even a sales lander.
Part of me feels it's really up to the big V to choose to file a case or not.
It's not fair. If you give in to fear you give up domains but you never know if they would have really proceeded with a case.
But if you don't and they do proceed you have to pay big money.
Couldn't I just say " go ahead file a case" and verbally tell them via email that if they do I'll just surrender the domains without a fight.
If a court reads this email. Would that show I'm willing to comply and therefore won't award V big money just the domains?
Or is it up to V to request to be paid to cover their legal fees?
Would the court grant them this request?(Probably right?)
I can see how legal counsel of V would be inclined to proceed since I'd be liable for paying the fees. Win win for lawyers.
The legal counsel for V made sure to point out that they ......
"aggressively go after TM offenders who register V's TM"
Which is a bit of a lie since a quick check via whois I find 30-40 domains that I know of that have been registered for years by other domainers.
How can they say they aggressively go after TM offenders yet these other domains exist not owned by V?
Can TM holders "cherry pick" which TM offending domains they choose to go after? And leave the rest alone? Do courts pay attention to this and consider it wrong and grounds to throw out such cases?
I can understand if a domain is being used to trick people or defame the TM holder or benefit from the popularity of a mark by putting ads.
But blank or registrar landing pages? Do courts take this into consideration? Could I still lose?
It goes without saying I will tread lightly.
If you want to know more about my domains and V's domains owned by "not V".
PM me.
Sigh******....... I don't need this headache in my life.
PS. I'll only discuss the details with people I've talked to before via PM. ( You know who you are)
Sorry I suspect V's legal counsel is probably on here reading this. So only people I know pm me. Thanks.
@jberryhill
Without saying too much.
The largest USA provider of voice,cable,and internet company name starting with V.
Reached out to me couple of days ago.
Because I registered their TM in .com domains.
Facts.
1.These particular domains have one drop each( I didn't check before regging). And we're owned for 2 years each a piece.
2. This "mark" I've seen is registered with 40-50 other domains by other registrants other than V. Some are exact matches in other exotic extensions like .kr or .PL etc etc.
3. These other domains have been registered years ago and are still owned by current registrant. How?
4. If you have more than one domain containing the TM are you more exposed to losing a case ?
Some are even owned by the likes of Buydomains.com and DomainMarket.com (Mike Mann)
Companies with ,I assume, big budgets and big time lawyers on retainer.
Me? No.
I really don't understand how these other domains get to keep their domains while I'm sent pretty scary emails with "high pressure" tactics with deadlines to simply hand over my domains.
Two laws were mentioned. Lanham act and Anticybersquatting Consumer Protection Act.
Also they mention the mere "act of registering TM domains is automatically in bad faith".
Then of course they point out that have been awarded millions in such cases against TM offenders. (Scare tactic)
In which case I responded since they mentioned their big money awards for each case why hasn't V gone after and won cases for all the other 30-40 domains containing V's TM? Surely the incentive is there if they are so confident in winning such cases which end in big money awards.
They ignored responding to the question. Saying these are questions best asked of my own legal counsel.
See with obvious black and white straight forward laws like the lanham act or ACPA how the hell do the current domain owners of domains containing V's TM still own their domains? Some were since 2008.
My domains are currently pointed to the default landing page for the registrar. No pay per click ads.
I will say this, V company has won big cases in the millions.
It's really an easy way for these companies to get domains for nothing. Just send threats and mentioned big money awards.
As a domainer is it stupid to assume you can just email V and tell them to do what they need to do. And tell them if they proceed with a case that I officially state via email I would gladly surrender the domains without contest immediate but not before they actually file a case.
It's almost like playing chicken with a big 50 ton semi truck on the highway.
The threat is only really valid if they proceed. Although companies like this have unlimited resources so they can just proceed with $3000-$5000 costing court cases just to get the domains they want and for PR purposes add to their roster of won cases. So win win for them.
But then again there are those 40-50 domains that are way more "offending" to their trademark than mine is.
I don't feel safe at all. Pretty scary. I feel like just surrending these domains and move on. That's what Captain obvious would say. He would also say never reg TM domains.
Is it enough or isn't it understood by TM lawyers that in court if it is pointed out that there are 40-50 other domains containing their mark that have been registered for 5-10 years prior to mine ever being registered that are owned by other domainers and not V that this is enough to throw out a case?
Still I feel a company with unlimited resources and throw it's weigh around and do whatever it wants.
I'm sure some of the owners of the other offending "V" domains are not rich. Just like me. Yet they are holding their domains for years in some cases.
I'm sure V has had their TM for years too.
Also what about domain owners from China ? I see alot with domains with V's mark owned by Chinese and most with privacy . Does this provide them some protection? I doubt it.
And talk about blatant. The domains owned by buydomains and domainmarket have salespages with buy now buttons. If that's not blatant I don't know what is.
I even called buydomains about their domain they owned containing V's TM and ask how they can own it.
They said their lawyers advise them on what domains they can invest in that does not leave them exposed to lawsuit.
If that's not a good enough confidence builder I don't know what is?
Or would that be stupid to assume that since buydomains lawyers gave them a greenlight then my domains should be in the clear?
I have never reached out to this V company. Or have any content related to V's goods and services. Not even a sales lander.
Part of me feels it's really up to the big V to choose to file a case or not.
It's not fair. If you give in to fear you give up domains but you never know if they would have really proceeded with a case.
But if you don't and they do proceed you have to pay big money.
Couldn't I just say " go ahead file a case" and verbally tell them via email that if they do I'll just surrender the domains without a fight.
If a court reads this email. Would that show I'm willing to comply and therefore won't award V big money just the domains?
Or is it up to V to request to be paid to cover their legal fees?
Would the court grant them this request?(Probably right?)
I can see how legal counsel of V would be inclined to proceed since I'd be liable for paying the fees. Win win for lawyers.
The legal counsel for V made sure to point out that they ......
"aggressively go after TM offenders who register V's TM"
Which is a bit of a lie since a quick check via whois I find 30-40 domains that I know of that have been registered for years by other domainers.
How can they say they aggressively go after TM offenders yet these other domains exist not owned by V?
Can TM holders "cherry pick" which TM offending domains they choose to go after? And leave the rest alone? Do courts pay attention to this and consider it wrong and grounds to throw out such cases?
I can understand if a domain is being used to trick people or defame the TM holder or benefit from the popularity of a mark by putting ads.
But blank or registrar landing pages? Do courts take this into consideration? Could I still lose?
It goes without saying I will tread lightly.
If you want to know more about my domains and V's domains owned by "not V".
PM me.
Sigh******....... I don't need this headache in my life.
PS. I'll only discuss the details with people I've talked to before via PM. ( You know who you are)
Sorry I suspect V's legal counsel is probably on here reading this. So only people I know pm me. Thanks.
@jberryhill
