Notification of Violation of Trademark rights

truewarrior · 02-23-2010, 10:50 PM

Melbourne IT Digital Brand Services emailed me today wanting me to transfer my domain name over to them because I violated the trademark name.

anyone ever heard of them? thought they were a scam at first, but they do look legit....

I guess i gotta give up my domain name.....any ideas or comments?

baybossplaya · 02-23-2010, 10:58 PM

marlboro used the same scare tactic on my friend before but they left him alone after he took down the site and put a parked page on it. i think these companies just dont want you promoting them in any way or form.

truewarrior · 02-23-2010, 11:07 PM

there's no point in keeping the domain then if i can't make any adsense revenue off of it...so i should just give them the domain name?

Jim Gillum · 02-23-2010, 11:17 PM

Do some research first and be sure that they are real.....

so many scams.........

Manda · 02-24-2010, 12:41 AM

The company Melbourne IT (which seems to be the parent company of Melbourne IT dbs) is legit and registered with the Australian Securities & Investment Commission and the Australian Business Register.

I don't know whether they can force you to transfer the domain name to them (I also note the company provides domain acquisition services) but if the domain is a trademark I doubt you'd win the argument.

If you don't want to give up the domain the best thing to do is consult a lawyer who can advise you properly.

Bruce Hearder · 02-24-2010, 12:49 AM

Hi TrueWarrior,

Melbourne IT are the biggest domain name registrar here in Australia. So yes they are legit..

The advice/suggestions I am about to give you are not from a lawyer and you will need your own legal advice before proceeding.. I am not a lawyer, nor have I ever played a lawyer on TV

1. Make sure the email did actually originate from MelbourneIT and not some domain name scammer.. It may just be a Phishing trip by some scammers trying to get your domain name.

2. Only hand over domain when you recieve a registered letter in the mail from a lawyer. Never do anything via email. Ignore emails.

3. Most likely you will hear nothing more from them, as some client has complained to them and then that as far as they are gonna take it.

Remember, its just my 2c worth, but I've been there done that..

Take care

Bruce

paulgl · 02-24-2010, 02:57 PM

Nobody can take your domain or force you to sign over
anything. Those letters are either scare tactics or scams.

These issues must go through a legal process. That's
judge, court, the whole bit. Read the guidelines on
the ICANN website. It's quite a long process.

They cannot just up and take anything without a court
order.

The only dispute that is streamlined is cyber-squatting.

Your host may shut you down out of fear, but the domain
remains your property.

A lawyer is not a judge or panel. Why would you turn over property
just because a lawyer sends you a letter? A lawyer is not a police
officer either.

Like I said. The dispute process is a long one where everyone must follow
all rules to the letter.

In fact, ICANN will freeze your domain for 15 days in most cases,
making it impossible to change anything. That rules is there for a reason.
They will allow no transfers during that time.

Paul

Boris_yo · 02-27-2010, 04:43 PM

Me as well received such letter from Melbourne.

firstdandy · 02-27-2010, 05:17 PM

I guess It's a kind of scam as Usually violating trademarks will be announced by a lawyer not just by email like that.

Boris_yo · 02-28-2010, 07:21 AM

I didn't say it was email. It was a real letter.

02-23-2010, 10:50 PM	#1
truewarrior Active Warrior Join Date: Oct 2005 Location: , , . Posts: 45 Thanks: 0 Thanked 0 Times in 0 Posts	Notification of Violation of Trademark rights Melbourne IT Digital Brand Services emailed me today wanting me to transfer my domain name over to them because I violated the trademark name. anyone ever heard of them? thought they were a scam at first, but they do look legit.... I guess i gotta give up my domain name.....any ideas or comments?

02-23-2010, 10:58 PM	#2
baybossplaya Warrior Member War Room Member Join Date: Nov 2009 Location: Bay Area, CA Posts: 9 Thanks: 0 Thanked 1 Time in 1 Post	Re: Notification of Violation of Trademark rights marlboro used the same scare tactic on my friend before but they left him alone after he took down the site and put a parked page on it. i think these companies just dont want you promoting them in any way or form.
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02-23-2010, 11:07 PM	#3
truewarrior Active Warrior Join Date: Oct 2005 Location: , , . Posts: 45 Thanks: 0 Thanked 0 Times in 0 Posts	Re: Notification of Violation of Trademark rights there's no point in keeping the domain then if i can't make any adsense revenue off of it...so i should just give them the domain name?

02-23-2010, 11:17 PM	#4
Jim Gillum HyperActive Warrior War Room Member Join Date: Nov 2009 Location: Deltona, Florida Posts: 130 Thanks: 22 Thanked 20 Times in 16 Posts	Re: Notification of Violation of Trademark rights Do some research first and be sure that they are real..... so many scams.........
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02-24-2010, 12:41 AM	#5
Manda Active Warrior War Room Member Join Date: Jul 2009 Location: Thailand Posts: 78 Thanks: 43 Thanked 19 Times in 14 Posts Contact Info	Re: Notification of Violation of Trademark rights The company Melbourne IT (which seems to be the parent company of Melbourne IT dbs) is legit and registered with the Australian Securities & Investment Commission and the Australian Business Register. I don't know whether they can force you to transfer the domain name to them (I also note the company provides domain acquisition services) but if the domain is a trademark I doubt you'd win the argument. If you don't want to give up the domain the best thing to do is consult a lawyer who can advise you properly.

02-24-2010, 12:49 AM	#6
Bruce Hearder Advanced Warrior War Room Member Join Date: May 2004 Location: Perth, Australia. Posts: 717 Thanks: 4 Thanked 182 Times in 138 Posts Social Networking Contact Info	Re: Notification of Violation of Trademark rights Hi TrueWarrior, Melbourne IT are the biggest domain name registrar here in Australia. So yes they are legit.. The advice/suggestions I am about to give you are not from a lawyer and you will need your own legal advice before proceeding.. I am not a lawyer, nor have I ever played a lawyer on TV 1. Make sure the email did actually originate from MelbourneIT and not some domain name scammer.. It may just be a Phishing trip by some scammers trying to get your domain name. 2. Only hand over domain when you recieve a registered letter in the mail from a lawyer. Never do anything via email. Ignore emails. 3. Most likely you will hear nothing more from them, as some client has complained to them and then that as far as they are gonna take it. Remember, its just my 2c worth, but I've been there done that.. Take care Bruce
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02-24-2010, 02:57 PM	#7
paulgl Plundering the Web War Room Member Join Date: Feb 2007 Location: , , . Posts: 4,416 Thanks: 670 Thanked 1,002 Times in 775 Posts	Re: Notification of Violation of Trademark rights Nobody can take your domain or force you to sign over anything. Those letters are either scare tactics or scams. These issues must go through a legal process. That's judge, court, the whole bit. Read the guidelines on the ICANN website. It's quite a long process. They cannot just up and take anything without a court order. The only dispute that is streamlined is cyber-squatting. Your host may shut you down out of fear, but the domain remains your property. A lawyer is not a judge or panel. Why would you turn over property just because a lawyer sends you a letter? A lawyer is not a police officer either. Like I said. The dispute process is a long one where everyone must follow all rules to the letter. In fact, ICANN will freeze your domain for 15 days in most cases, making it impossible to change anything. That rules is there for a reason. They will allow no transfers during that time. Paul
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02-27-2010, 04:43 PM	#8
Boris_yo Advanced Warrior Join Date: Jul 2007 Location: , , Israel. Posts: 563 Thanks: 121 Thanked 14 Times in 13 Posts	Re: Notification of Violation of Trademark rights Me as well received such letter from Melbourne.

02-27-2010, 05:17 PM	#9
firstdandy HyperActive Warrior Join Date: Jan 2010 Location: www.mostinterestingfacts.com Posts: 152 Thanks: 4 Thanked 5 Times in 5 Posts	Re: Notification of Violation of Trademark rights I guess It's a kind of scam as Usually violating trademarks will be announced by a lawyer not just by email like that.
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02-28-2010, 07:21 AM	#10
Boris_yo Advanced Warrior Join Date: Jul 2007 Location: , , Israel. Posts: 563 Thanks: 121 Thanked 14 Times in 13 Posts	Re: Notification of Violation of Trademark rights I didn't say it was email. It was a real letter.