Url lawyers letter can you advise

[Owen Mailer]

Hi there i own a website called example.com this is not the actual site
and i just recived a letter advising me to hault the use of it from a lawyer as there is someone else who owns www.example.co.uk and i am profiting from an implied link to the company and infringing intelectual copyright
they registerd in 2001 i registerd in 2009 the domain names

can anyone advise me if this is worth persuing as it is not a profit site for me its a free membership site for users to advertise themselves for free.

thanks for your time Owen

[mmurtha]

Hey Owen,

First make sure that letter came from an actual lawyer. There are people that will use letterheads that are fake to scare people into either removing their site, domain, or the content on it.

If you aren't sure, check with a lawyer. This is the safest way to know what action you need to take.

[Owen Mailer]

Hi yeah i checked its real and im up against a fairly large company

i dont know wheather to drop the domain and park it and use another and just rank for the keywords instead, it wouldnt be that hard as I think they are more annoyed that im right below them on the first page of google more than the actual domain name!!,

[seasoned]

MAN, that is REALLY pushing it! It is up to you, and check with an IP/TRADEMARK lawyer, but I WOULD FIGHT IT!!!!!!!! EXAMPLE!?!?!? ARE THEY KIDDING!?!?!?!?

Steve

[mmurtha]

Yeah, you're probably right about your position in the listings, but it you know that the letter is real, I would drop the domain or offer to sell it to them. This way you don't open yourself up to a lawsuit.

I'm not sure about this, but it seems to me that if the domain or content is copyrighted or trademarked, you can't make a profit from either. If you do, you can still open yourself up to a lawsuit.

The best thing to do is check it out with your lawyer.

[Whosyou]

This is interesting.

Any more details on the "Implied link" to their company you are supposedly profiting on?

I wonder how far their "Intelectual copyright" goes/ exactly what do they have copyrighted?

I would do some digging before rolling over,

I would also think about adding a statement to your homepage saying that "You are in no way linked to or affiliated with www.example.co.uk ect..."

[Owen Mailer]

Thanks everyone looks like i go for it

[Owen Mailer]

hi whos you i have all ready done this i have that on two pages of the website that i am in no way connected with example.co.uk or affilliated as for links i have no links pics or content related to there site so im goin to look into it in a lot mre detail

[Whosyou]

Looks like you've got a tough one on your hands,

I know you probably don't want to hear it but if you really want to keep the site i would consider professional advice

Good luck with it, let us know what happens.

[alliance]

Protect your assets. DnForum.com provides a thread related to domain and trademarks. Also, you can find Lawyers at DNForum that specialize in Domain disputes.

[Online Business Mentor]

sorry to sound a bit THICK..but are you saying the actual domains ARE example.com/.co.uk...as I thought you were just using them as an 'example' lol

but if they are the relevant domains, (I in no way am a lawyer and you should always consult with a professional) - They CANNOT trademark a general term
and a word of the English dictionary...that is BS!

I am positive that legally they cannot do anything about that, even if you are using it for commercial use,

[CDarklock]

Originally Posted by Owen Mailer

Hi there i own a website called example.com

No, you don't. RFC 2606 prohibits it.

Domain Name: EXAMPLE.COM
Registrar: RESERVED-INTERNET ASSIGNED NUMBERS AUTHORITY

So your domain is something else.

If you are not doing business in the UK, the .co.uk version of the name is irrelevant to you. Only specific types of companies can register with that domain extension, and if they wanted the .com they should have registered that instead. By choosing to register as .co.uk, they've essentially said they only want to do business in that region.

Domain names are cheap. If they can afford a lawyer to send you a C&D, they could have just bought the domain before you did.

[Sleaklight]

I am going to butt in with my experience in this. In my case, I was the one issuing the stop usage of a domain. I own a example.com since 2002. The same domain was registered under example.co.uk last year (2008). They went into direct competition of us. We noticed traffic coming down and checked to see what was up. The example.co.uk was posting the same content as we were but rewritten. We sent them a certified letter to stop the usage of the domain as it was posting our own content but rewritten. They didn't do it, we took it up with the registrar and they stopped the domain as it was very evident they were ripping off our content. I am sure your case is different but that's what happened with me and I won and got them to stop using the domain name. We don't own a trademark and we don't have any copyrights filed, but we got my way.

[Paul Myers]

The answers very much depend on what really goes where you used "example," and what relationship the content has to the other site's business.

Trademarks are all about commerce, and the possibility of confusing the consumer. If the trademark is valid (not yet established in this discussion), and you're competing in the same markets (also not yet established), and there's a reasonable chance of someone confusing your site for the trademark holder's company, there may be a valid case.

There's no way for anyone to give you solid advice based on what you've said so far. Pointers to things to consider and discuss with an IP attorney are about the best we can do with what we've got. An IP attorney will already know this stuff anyway.

CDarklock's point about the choice of the .co.uk ccTLD is the only useful non-obvious bit so far. That may not be relevant if you're in the UK, but it's something to consider if not.


Paul

[MichaelHiles]

Many years ago, I was partners with a company (a big direct marketing print publishing company) named Reach.

They were threatened by the toothpaste people.

The toothpaste people were promptly told by a judge to STFU because it's not confusingly similar, and in a different industry.

[Naveed Peerzade]

Originally Posted by Owen Mailer

as it is not a profit site for me its a free membership site for users to advertise themselves for free.

Try selling them this domain, instead of dropping it.

[seasoned]

Yeah, I didn't think about example being used as an example. If you use a REAL trademarkable term, or household name, you're a dead duck. I'd settle.

Steve

[IMChick]

Originally Posted by Paul Myers

There's no way for anyone to give you solid advice based on what you've said so far. Pointers to things to consider and discuss with an IP attorney are about the best we can do with what we've got. An IP attorney will already know this stuff anyway.

CDarklock's point about the choice of the .co.uk ccTLD is the only useful non-obvious bit so far. That may not be relevant if you're in the UK, but it's something to consider if not.


Paul

I agree with Paul that you need to get yourself to an IP attorney. Be careful of the quasi legal advice you may read on the forums.

If the domain itself or your future development plans for the domain is important to you, investigate further with the proper legal counsel. If you just shrug your shoulders when you think of it, move on.

[Christian Sawyer]

I'm fairly sure that the 'example.com' was just used for example purposes...

Also, you are incorrect, if the company has a trademark/copyright on the name and his domain name contains this name, THEY virtually own it.

Ebay does this all the time...

-Christian

Originally Posted by CDarklock

No, you don't. RFC 2606 prohibits it.

Domain Name: EXAMPLE.COM
Registrar: RESERVED-INTERNET ASSIGNED NUMBERS AUTHORITY

So your domain is something else.

If you are not doing business in the UK, the .co.uk version of the name is irrelevant to you. Only specific types of companies can register with that domain extension, and if they wanted the .com they should have registered that instead. By choosing to register as .co.uk, they've essentially said they only want to do business in that region.

Domain names are cheap. If they can afford a lawyer to send you a C&D, they could have just bought the domain before you did.

[Michael Oksa]

There is a LOT of questionable advice already in this thread.

GET A LAWYER BEFORE DOING ANYTHING!

1. It may be possible to trademark a name in the dictionary. Ever hear of "APPLE"!!!

2. By putting the disclaimer on your site that "You are in no way linked to or affiliated with www.example.co.uk etc...." you are ADMITTING that there could be a potential confusion. In other words, that alone is NOT enough to cover your hindquarters.

3. International copyright law isn't something you want to approach at an amateur level with the amateur advice you are getting here - MY advice included!

4. Parking the domain doesn't sound like a logical solution. Either you HAVE the rights to it, in which case you should feel free to use it. Or you DON'T, in which case you need to get rid of it altogether.

5. I am not a lawyer.

6. Get a lawyer.

7. Hire an attorney.

8. Seek qualified legal counsel.

If you want to keep the doamin, don't roll over until you get some competent advice.

If you don't really care, then you still may want to seek legal advice so they don't try to make a claim against your prior actions and/or earnings.

All the best,
Michael

[davezan]

Originally Posted by Online Business Mentor

They CANNOT trademark a general term
and a word of the English dictionary...that is BS!

Sorry, but that post is BS too.

Shell, Tide and Head and Shoulders are general, dictionary terms for mollusk,
the waves and a person who's above the rest. Yet people put in gas at Shell,
use Tide to wash their clothes, and clean their hair with Head and Shoulders.

If such words shouldn't become trademarks, then perhaps people should stop
buying those products? Even if they've helped in some way?

To the OP: I've not used any of the lawyers, solicitors, etc. below, but some
might give you some better ideas:

Adam Taylor – AdlexSolicitors.Co.Uk

Jim Davis – BellDening.com

[CDarklock]

Originally Posted by Christian Sawyer

Also, you are incorrect, if the company has a trademark/copyright on the name and his domain name contains this name, THEY virtually own it.

That's a much, much larger question than can be handled in a forum.

Suffice to say that trademark is not the sixteen-tonne weight people seem to think it is, but it does - as Michael Oksa has quite rightly observed - require the eye of a practicing attorney to see whether this case is or not.

[kindsvater]

Without disclosing the domain name there is no purpose to the post. Could be google.com. Could be abc0982374.com. Makes a big difference.

What really cracks me up are the people wondering if example.com is the real domain name, and those researching to see if the OP owns that domain.

Wow.

.

[digileaf]

I heard a story a few years ago (the details are sketchy) that Wimbledon (the tennis people) tried to stop someone using the word Wimbledon in a business context because they had the rights to the name. Obviously as Wimbledon is a town, it would have been ludicrous, there would have been hundreds of local businesses affected. Needless to say the action didn't get very far - if indeed the story is true.

I would be reluctant to roll over. Surely it's their own fault for not buying the domain when they had the chance. If you are really sure that you are not competing with them, I can't see the problem.

If they win (assuming that you really are not competing with them or getting marketing off the back of their reputation), then this would be a disaster. We would all have to buy up every conceivable domain type for our business name and you wouldn't be able to have businesses with the same name in different countries e.g. XYZ Ltd, XYZ Plc, XYZ Inc, XYZ SA etc etc

[Russell Hall]

Originally Posted by Michael Oksa

There is a LOT of questionable advice already in this thread.

GET A LAWYER BEFORE DOING ANYTHING!

1. It may be possible to trademark a name in the dictionary. Ever hear of "APPLE"!!!

2. By putting the disclaimer on your site that "You are in no way linked to or affiliated with www.example.co.uk etc...." you are ADMITTING that there could be a potential confusion. In other words, that alone is NOT enough to cover your hindquarters.

3. International copyright law isn't something you want to approach at an amateur level with the amateur advice you are getting here - MY advice included!

4. Parking the domain doesn't sound like a logical solution. Either you HAVE the rights to it, in which case you should feel free to use it. Or you DON'T, in which case you need to get rid of it altogether.

5. I am not a lawyer.

6. Get a lawyer.

7. Hire an attorney.

8. Seek qualified legal counsel.

If you want to keep the doamin, don't roll over until you get some competent advice.

If you don't really care, then you still may want to seek legal advice so they don't try to make a claim against your prior actions and/or earnings.

All the best,
Michael

This is clear and solid advice from Michael,.. and ultimately if keeping the domain means a lot to you then you may wish to get a lawyers advice in the end.

Having said that, lawyers can be expensive and so I'd be inclined to note the following.
If the complainant company do have your domain name "example" registered as or being used as a trademark then you'd probably be best to reconsider. If they don't have it registered or can't prove using the "tm" logo next to the name "example" from a date the preludes your registration of domain then they have no fight.

Lat year I registered a domain "realtorsonwordpress.com" and received a similar legal notice saying I couldn't use the domain as the word "realtors" was a registered trade mark in the USA and was protected under law.
I wrote back politely defending my intentions and pointed out that the word "realtors" whilst being registered in the US as a trademark was widely used and referred to as a common noun sued to describe a real estate professional internationally. I pointed out that my domain name had a .com extension and not a .us extension and that I was conducting an international business outside the US and therefore argued that the US Supreme Court had no jurisdiction in the matter.
They wrote back and basically said that they thought I had low integrity and out of respect should at least not use the name. Basically, they didn't fight it any further and I went on to use the name for about 8 months until morphing the site into something better and thus I let the domain name go.

I notice that Twitter have started to come down heavy on users of their "twitter" name in domain names. It's undertsandable I suppose.
Just be careful with this kind of thing as it can create a lot of unecessary time wasting for you,.. and if you just kind of rolled along ignoring them and they were able to get an injunction to stop you using the name after you've gone ahead and created a website around it... then you'd really be at a loss because you'd discover the DNS for your domain would be taken out of your hands.
Best wishes with this
Russ

[seasoned]

Originally Posted by kindsvater

Without disclosing the domain name there is no purpose to the post. Could be google.com. Could be abc0982374.com. Makes a big difference.

What really cracks me up are the people wondering if example.com is the real domain name, and those researching to see if the OP owns that domain.

Wow.

.

Well, I WAS kind of tired when I wrote my first response. But you and I are in agreement here. The name makes ALL the difference, even if it IS a trademark.

Steve

[MichaelHiles]

I agree, get an attorney. But the key phrase is "confusingly similar".

Likelihood of Confusion