What do you do when...?

[ALG]

You have a site that's already built and is doing fantastic but a new company comes in stating that you are in violation of copyrights and that I am not the company name. That I also need to give the domain to the new company. They even state they are willing to give me a commision bonus of 150.00. I make that every 10 days. It's geared towards teens and daily trends

I have had the domain the last 6 yrs and its been developed 4 yrs.

Not quite sure what to think of this considering involving their lawyers..

Thanks,
ALG

 

[likepeas]

Get yourself a lawyer if I was you I would keep it.

 

[goodkarmaco]

Do you have a companies name in your domain as a keyword that is a well known trademarked name?. If so they have you and you will have to forfeit. If not they may be bullies trying to take the name from you, so don't just hand it over.

 

[Keral_Patel]

Yes go to your lawyer and tell them to send their lawyer instead of talking directly to you. So they will also have to spend some dollars in order to play games. If they are playing any.

 

[ALG]

Yes go to your lawyer and tell them to send their lawyer instead of talking directly to you. So they will also have to spend some dollars in order to play games. If they are playing any.

Do I need to get a specific lawyer or will the business lawyer that I use for my LLC be ok? Does it matter that I have owned the name for 6 years and I have a site?

 

[DnPresident]

There's a name for people that try to intimidate or scare domain holders into turning over there names on false accusations and their real good at what they do. I don't purchase those kind of names so don't know the name of those kind of people.

Just make sure it's not one of them.....If it's a tradeMark then just give it up.

;;;;;;;;;;;Just my opinion

Dave C.

 

[-REECE-]

edit: You're making $150 every 10 days? I wouldn't bring lawyers into it under those circumstances.

If you're not clearly in the wrong, I'd phone them up and see if you can sweeten their deal. It's going to cost them a whole lot more than $150 to even have a chance to get the domain via UDRP.

 

[Keral_Patel]

Do I need to get a specific lawyer or will the business lawyer that I use for my LLC be ok? Does it matter that I have owned the name for 6 years and I have a site?

There are good domain lawyers but for starters your Lawyer that you use for LLC is okay

 

[-REECE-]

Most "regular lawyers" don't know their head from their butt when it comes to domain name issues. I'd rather resort to hiring a domainer to help in defense than hiring a local lawyer.

Sedo has some good information on what to expect and what resources are available. There's a thread on Namepros here which provides a list of lawyers experienced in domain name issues.

 

[ALG]

Most "regular lawyers" don't know their head from their butt when it comes to domain name issues. I'd rather resort to hiring a domainer to help in defense than hiring a local lawyer.

Sedo has some good information on what to expect and what resources are available. There's a thread on Namepros here which provides a list of lawyers experienced in domain name issues.

know any domainers?

 

[goodkarmaco]

You need to be more specific. Is your name a trademark domain?. If so I think the worst thing you want is tell them to talk to your lawyer. Can you tell us what your name is?

 

[-REECE-]

There's a few who frequent the Legal Section who I'm sure could do a better job than most of us if you're strapped for cash.

A domain lawyer (second link in my previous post) would be a much better choice if you can afford one.

know any domainers?

 

[ALG]

There's a few who frequent the Legal Section who I'm sure could do a better job than most of us if you're strapped for cash.

A domain lawyer (second link in my previous post) would be a much better choice if you can afford one.

No its a generic term ie: such as run, jump, play

Oh, ok, then I'll search out a Domain lawyer..

Thanks!

 

[Peter]

If your domain as registered and devleoped before that other company was formed then they have 0% legitimate rights to it.

Also the term the domain uses is trademark. YOU own a trademark through the usage of it.

Looks like they are trying to get your domain cheap. As has been suggested get yourself a domain lawyer and get him to point some FACTS out to them.

 

[Premiere]

they are willing to give me a commision bonus of 150.00.
ALG

If they offered you money then they know that they can't get you on TM infringement. If you really do have a generic, then post in the legal disputes section and don't respond to the email you received until you have either tons of good advice or a lawyer.

 

[npcomplete]

You have a site that's already built and is doing fantastic but a new company comes in stating that you are in violation of copyrights and that I am not the company name. That I also need to give the domain to the new company. They even state they are willing to give me a commision bonus of 150.00. I make that every 10 days. It's geared towards teens and daily trends

I have had the domain the last 6 yrs and its been developed 4 yrs.

Not quite sure what to think of this considering involving their lawyers..

Thanks,
ALG

The OP said "copyright" not "trademark". A lawyer would be more careful about terms, like saying you are infringing on their registered trademark or infringing on their common law trademark if that was the case. So presumably they are objecting based on a copyright.

There are really more questions here than answers, like "is this a famous company", "how long have they been in business, and when did they first start using the term in commerce", etc. etc. etc.

From the issues as stated, I think Peter ^^^ nailed it. Right now it just sounds like a shakedown. That doesn't mean you are safe, of course. More facts are needed.

 

[Domagon]

You ignore the email (but save it including all its email headers); do not reply back ... and in the meantime, research attorneys that specialize in domain issues for future reference.

Ron

 

[SimpleDomaining]

4 years they could live and grow without this particular domain, and now they cannot?
You said it is generic term, and if you obtained it and developed it 2 years before they even were exist, than what is the problem? Looks fishy to me. Anyway lawyers advice would be nice to have.
On another hand, if they will go trough legal disputes to take over the domain, they will spend around 2k. you could offer them to buy domain from you at let say $1800, if you are not sure, if they can take over it.

 

[homebuyer]

Possible Resource

http://www.kcba.org/legalhelp/legalasst.aspx
http://www.kcba.org/LRS/

 

[npcomplete]

I suppose the most obvious question would be:

Is there anything on your page that violates the copyrights of the company? Perhaps something on the page, either written or visual, that when combined with the name itself, might cause confusion with customers dealing with their business?