What happens when you get contacted from trademark owner ?

[ABC1234]

What happens when you get contacted from trademark owner ?

Do they threaten to sue ? Whats the process ?

Thanks

 

[James]

You usually recieve a C&D and if you don't follow they may follow it up with a court order or threating legal action or they may ask for you to hand over the domain(s) in question.

 

[DNQuest.com]

That is usually the process, but ther is no "standard" practice. TM holders can file papers in court without even notifying you. C+Ds are usually cheaper, that is why it is done.

 

[IAmAllanShore]

Horse head in your bed.

But really, they can do whatever they want...

C&D
Offer to buy
File a lawsuit
Initiate a UDRP with WIPO or NAF
Anything else that crosses their mind (Public shaming has been the one route that has NOT been taken, but that I think has potential to be the cheapest and most effective route... They've tried this on the "big boys" before, but they are insulated and overseas; most domainers are not.)

-Allan

 

[fonzie_007]

Horse head in your bed.

But really, they can do whatever they want...

C&D
Offer to buy
File a lawsuit
Initiate a UDRP with WIPO or NAF
Anything else that crosses their mind (Public shaming has been the one route that has NOT been taken, but that I think has potential to be the cheapest and most effective route... They've tried this on the "big boys" before, but they are insulated and overseas; most domainers are not.)

-Allan

While this may be the normal course, I'm helping a client now go from #1 to #3 (C&D to lawsuit). I have no sympathy for squatters after dealing with up to 6 domain squatters on a relative obscure domain name that gets little traffic. Do yourself and the domain industry a favor and hand over the domain to the TM holder.

 

[IAmAllanShore]

While this may be the normal course, I'm helping a client now go from #1 to #3 (C&D to lawsuit). I have no sympathy for squatters after dealing with up to 6 domain squatters on a relative obscure domain name that gets little traffic. Do yourself and the domain industry a favor and hand over the domain to the TM holder.

Lawsuit? Under the Lanham Act or ACPA? Why skipping the UDRP?

Just share anything that's kosher, of course

-Allan :gl:

 

[fonzie_007]

UDRP may come first, but our client hasn't ruled out ACPA. Our client has money and is pissed off (rightly so)...

 

[DNQuest.com]

ACPA, you can get monetary awards.. to be honest, depending on the situation, I would do the same thing.