I've just had an email from a lawyers office in the USA, stating that my domain NeverGetYourselfLost.net is in violation with some law. Apparently, it's nearly the same as Hertz's "Neverlost" trademark . . .?!?!
Are they having a laugh? Or am I seriously in the wrong? My domain sounds nothing like the above trademark, nor do I sell any Hertz products! It's an eBay site!
Below is a copy of the file they sent me, I've replied to them saying if they want the domain, then they can buy it off of me for a price that I seem right!
HOWARD, PHILLIPS & ANDERSEN
September 30, 2008
VIA EMAIL () AND
FIRST CLASS MAIL
RE: NEVERGETYOURSELFLOST.NET — Infringement and Dilution of Hertz
Dear Mr. Nicholls:
This law firm represents The Hertz Corporation (“Hertz”) on intellectual property and
trademark enforcement matters. Hertz takes policing and enforcement of its intellectual property
Hertz is a worldwide corporation, specializing in the leasing and renting of automotive
vehicles. NEVERLOST® is a duly registered trademark that belongs to Hertz. Hertz first began
using NEVERLOST® in 1995 and has been using the mark continuously since that time as the
name for Hertz’s in-vehicle navigation system, which uses state-of-the-art GPS technology and
digital mapping to provide driving directions and other information to automobile drivers.
NEVERLOST® is a famous and distinctive trademark that is used by Hertz worldwide and is
associated by consumers exclusively with Hertz and Hertz’s navigation system. The domain
name for Hertz’s official website is neverlost.com.
Your recent registration of the domain name nevergetyourselflost.net, a domain name that
is confusingly similar to Hertz’s world famous NEVERLOST® trademark, and use of the
domain name to operate a commercial website advertising GPS-related goods and services,
violates Hertz’s trademark rights. The Anticybersquatting Consumer Protection Act (“ACPA”)
provides for statutory damages of up to $100,000.00 per domain name when a famous trademark
is incorporated in a domain name without authorization from the trademark owner. See 15
U.S.C. § 1117(d). Hertz has obtained injunctions and judgments against those who have used its
trademarks in Internet domain names without authorization. See, e.g., The Hertz Corp. v. Names
for Sale, Civ. No. 00-734-A (E.D.Va. Aug. 10, 2000) (permanently enjoining defendant’s use of
September 30, 2008
neverlost.com, hertzneverlost.com, and hertzmagellan.com and ordering transfer to Hertz).
Under the ACPA, moreover, a United States court has the power to enter orders concerning
domain names that incorporate famous trademarks that have been registered in violation of the
ACPA without the registrant’s presence or participation.
Hertz, accordingly, asks that you make no further use of the domain name and transfer
your registration to Hertz. If you have not done so by October 10, 2008, we will infer that you
are unwilling to resolve this matter voluntarily and will advise Hertz of its remedies.
Cancellation of the registration will not resolve this matter. If you attempt to cancel the
registration, Hertz will have no choice other than to immediately file suit for violation of the
ACPA. If suit is necessary, we will advise Hertz to seek to recover from you all costs and
expenses incurred by Hertz in recovering the domain name from any subsequent registrant, as
well as actual and statutory damages.
This letter is without prejudice to the rights of Hertz, all of which are expressly reserved.
Very truly yours,
Any help of advice would be appreciated!