Urgent help regarding typo domain and TM issues

[1rrr1]

Hello,

I recently got a letter from a French Company regarding a typo domain which I have registered of their website. Their domain is trademarked and my domain is similar to theirs. I registered it because it had OVT w/ext around 6 months ago. I parked the domain at domainhop. The domain is registered at domainsite.

The letter said that the domain is very similar to the name that I own and is misleading. It also said that I used their brand image to attract customers by having links to other companies offering in the same field. That is because of the domainhop optimization, it showed that kind of advertisement.

I have recently sold the domain, but because of the nature of the domainsite pushes into another account, the registrant details were not changed. What do you think I should do now?

Please advise

 

[.X.]

Have they said they are gonna pursue with a lawsuit?? If so,Do not have any contact with them what so ever,I know it's hard not to want to explain,But if they are filing a lawsuit,Your far better off not having any comunication with them. If they are not pursuing you with a lawsuit,Then i would simply tell them you no longer own the DN and in kind words,To get off your back regarding this matter.

 

[1rrr1]

They have not filed a lawsuit, but they ordered me to transfer the domain over to their ownership in 10 days and write to them saying that any other domains which I register will not infringe rights of their company or they will take further action.

 

[.X.]

But you no longer own the domain name,If the new owner does'nt change the reg info,There is nothing you can do about it,And i would simply reply with that,Sign something saying you will never infringe on thier trademark again.lol..Sorry 1rr1,But that is funny to me,They don't tell you what you can or can not do in the future,I would just tell them,You are no longer the owner,That they need to comunicate with the new owner,And be done with them.

 

[1rrr1]

Hey Xfactor, Thank you for your help. I have contacted domainsite to tell them to change the whois details to the buyer's name. After they have done that, I will contact them to tell them that I do not own the domain any longer.

Anybody else have any input?

Thank you

Raymond

 

[.X.]

Hey Xfactor, Thank you for your help. I have contacted domainsite to tell them to change the whois details to the buyer's name. After they have done that, I will contact them to tell them that I do not own the domain any longer.

Anybody else have any input?

Thank you

Raymond

Your very welcome 1rr1,Iam no attorny,But have been in simular situations in my lifetime,I sincerly hope this all gets cleared up for you in a very timely manner as i know how you feel,I've been there.

 

[Dave_Z]

Hey Xfactor, Thank you for your help. I have contacted domainsite to tell them to change the whois details to the buyer's name. After they have done that, I will contact them to tell them that I do not own the domain any longer.

I seriously doubt domainsite will do that except probably tell you how to do
that change yourself. Registrars aren't stupid enough to make any domain
record change just because someone told them to, even if it's the registrant
or any of the contacts.

Hasn't contacting the new owner produced borne any fruit?

 

[1rrr1]

I seriously doubt domainsite will do that except probably tell you how to do
that change yourself. Registrars aren't stupid enough to make any domain
record change just because someone told them to, even if it's the registrant
or any of the contacts.

I think that they will change the details. It usually happens after the push in other registrars. I just forgot to check those boxes when I pushed the names.

Even if they don't, I can get the buyer to do so.

 

[armstrong]

Consider it from the TM holder's point of view. They pressure you for the domain, then soon after the whois details change, and you tell them that its no longer yours. From their perspective, it will look like you were trying to remedy the situation after the fact by passing the hot potato to someone else.

Unless they finally get the domain, these guys will still keep you in their crosshairs.

 

[.X.]

Consider it from the TM holder's point of view. They pressure you for the domain, then soon after the whois details change, and you tell them that its no longer yours. From their perspective, it will look like you were trying to remedy the situation after the fact by passing the hot potato to someone else.

Unless they finally get the domain, these guys will still keep you in their crosshairs.

I agree,Very true.I did'nt look at it that way before.

 

[Midano]

Well, as long as you listed in whois for this domain - you're the legal owner of it. Have it changed and forget about it. It's the buyer's headache now.

 

[EbookLover]

"I recently got a letter from a French Company regarding a typo domain which I have registered of their website."

Then it's not a TM issue. It is misspelled. Ask them if they copyrighted the misspelling. Then tell 'em to buzz off (probably terrible advice).

Unless, of course, it is Nissan (they are owned by Renault, a French company, if I am not mistaken.), then I would be very afraid. Look at http://www.Nissan.com

Like the above post says, the legal owner is the person listed in the whois info as registrant. Technically, even though you sold the domain, you are still the legal owner until that info is changed.

 

[armstrong]

Then it's not a TM issue. It is misspelled. Ask them if they copyrighted the misspelling. Then tell 'em to buzz off (probably terrible advice).

:bingo:

 

[IAmAllanShore]

:bingo:

The " :bingo: " was in regards to it being "horrible advice" , right

Your changing contact info will look suspicious to them, and in case the new owner is difficult (In regards to how this French company sees it), you may want to make sure you have records of your having sold this domain BEFORE being contacted by the FrenchCo.

Still, get your contact info off of that domain, and write them back telling them of the problem with the whois but that you no longer have any control over the domain.

First step (If you aren't going to instantly transfer the domain to them) should be contacting a lawyer if you've made any substantial $ off of this and the company is big enough... Don't want to do something wrong, make them mad, and then have them come a hunt'n....

-Allan

 

[armstrong]

yes, :bingo: as in it is indeed horrible advice.

 

[slaughterbeck]

There you go...

:bingo:

This will not completely satisfy them but it's true. If this is strictly a copyright issue then they would have to prove you’re infringing it. However, if this is a cybersquatting case then that’s a little different but remember that the burden of proof will be on them and it’s much easier to take a domain away from it’s owner than it is to prove actual loss of revenue from a mistyped domain name in a civil lawsuit. Good Luck.