Am I in trouble?

by DonkeyKong23

Posted: 13 years ago 19 replies

INTERNET MARKETING

Good evening/morning/day people, I registered here because I got a little scared after getting this email:

Hello,

Please be informed that currently investigation about your victorias secretcoupons domain is being processed in accordance to UDRP. The request from The National Arbitration Forum to reveal contact information of the domain is quoted below this message. This is why we were forced to disable WhoisGuard privacy protection service for victorias secretcoupons. Please refer to paragraph 8. ‘SUSPENSION OR TERMINATION OF WhoisGuard Privacy Protection SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION’ of our WhoisGuard Service Agreement at.

I don`t even care about the website, I`ve removed it from the host... should I be scared or something or will they only ask me to transfer the domain to them? BTW, I was promiting some CPA offer on that site...Ty guys...

#trouble

Kierkegaard

13 years ago

I'll sum up all the posts that will follow mine...

Don't take legal advice from a forum.

Thanks
2 replies

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DonkeyKong23 13 years ago

Originally Posted by Kierkegaard

I'll sum up all the posts that will follow mine...

Don't take legal advice from a forum.

Thanks, but I am sure that there is a member who experienced a similar thing here.
- Thanks
- 1 reply
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- Kierkegaard 13 years ago
  
  Originally Posted by DonkeyKong23
  
  Thanks, but I am sure that there is a member who experienced a similar thing here.
  
  Then why don't you do a search and find those posts?
  
  Thanks
  
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millionairemoney

13 years ago

This isn't legal advice - only information you can find anywhere.

The UDRP is an arbitration panel, not a binding legal authority. Basically, they can take a domain away because it violates a TM.

Thanks
1 reply

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Rus Sells

13 years ago

Yes, and your site is violating their trademark and they most likely noticed it because its ranked directly under the official site.

Originally Posted by legitimatefreestuff

This isn't legal advice - only information you can find anywhere.

The UDRP is an arbitration panel, not a binding legal authority. Basically, they can take a domain away because it violates a TM.

Thanks

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Ken Durham 13 years ago

They can basically take the domain with the TM violation, and yours does seem to fit into the category.

In most instances of legal action you will get a registered letter or one delivered to your door if you are getting sued.
Usually you will be contacted by their lawyers with demands and or threats, first. But since you removed the site, I doubt any further action will be taken. But you never know.

Here's a live lesson guys, leave other people's trademarks out of your domains.

Good luck
- Thanks
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Alex Copeland 13 years ago

I had a similar thing happen to me for a Fox Network related site waaaaaay back.

In my case I just took the site down and cancelled it in my registrar and they didn't contact me again.

Not saying that is all you have to do, just saying what it was in my case.
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DonkeyKong23 13 years ago

Thanks guys, I feel better now...I doubt that anything will happen cause I am located in the middle of Eastern Europe...
- Thanks
- 1 reply
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- Rus Sells 13 years ago
  
  Don't bet on that!
  
  The United States and many bilateral agreements that are signed by other countries.
  
  This allows for the protection of trademarks and copyrights to be granted to the holders without having to file copyrights and trademarks in other countries who hold an agreement with the United States. So the holders still get legal protection can go after any one who is in violation.
  
  Some people make the mistake of thinking, Oh I'm in Canada! I can use this persons software code and make my own version and be safe. WRONGO!!!
  
  Originally Posted by DonkeyKong23
  
  Thanks guys, I feel better now...I doubt that anything will happen cause I am located in the middle of Eastern Europe...
  
  Thanks
  
  Signature
  
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  Dotcomcodex
  
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DonkeyKong23 13 years ago

Soft IMHO is a much bigger deal...that was only a website which is completely gone from the world wide web now. (:
- Thanks
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sbucciarel

Banned 13 years ago

Well, you've removed the domain. With whois removed, they will most likely contact you and give you an opportunity to give them the domain, which of course, you should comply with.

[ 1 ] Thanks
1 reply

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DonkeyKong23

13 years ago

Ok...I`ve received another email from VS legal team, then I told them that I can transfer the domain to them and I got this letter:
"it is our policy that once we have filed a UDRP complaint, we allow the process to proceed. If we are successful, your registrar will transfer the domain name to us automatically. We would not be able to obtain any other relief (such as money damages) from this administrative proceeding."

Could someone please explain me what did he mean by the last sentence? Thanks a lot.

Thanks
1 reply

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sbucciarel

Banned 13 years ago

Originally Posted by DonkeyKong23

A UDRP (Uniform Domain-Name Dispute-Resolution Policy) is a hearing where the trademark holder can have a hearing and the panel will decide who wins and gets the domains. Monetary damages are not awarded in a UDRP hearing, as it is not a court. They could take it to court if they want monetary damages.

[ 1 ] Thanks

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DonkeyKong23 13 years ago

Thanks a lot! So if I`ve been reading between the lines correctly they are not willing to take it to the court, right?
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- 1 reply
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- sbucciarel Banned 13 years ago
  
  Originally Posted by DonkeyKong23
  
  Thanks a lot! So if I`ve been reading between the lines correctly they are not willing to take it to the court, right?
  
  You can hope that the UDRP is enough for them. They can still sue and it's really not possible to say that they won't. I guess it depends on how much they're willing to spend on lawyers and what they hope their return on investment would be. Ofen, a UDRP is the only process they go through to get trademark infringement relief.
  
  Thanks
  
  1 reply
  
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  revupcommerce 13 years ago
  
  This is why I stay away from trademark domains.
  I have learned my lesson with numerous udrps and legal threats.
  
  Im my experience they will most likely just take the domain away and that will be the last you hear about it.
  Let this be a lesson and dont do it again.
  You never know if they are going to proceed and try to get damages
  
  Thanks
  
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Jonathan Smith 13 years ago

WOW, I have never done anything like that. I have never received an email from a domain. I hope everything goes ok for you. It must suck and be scary when you get an email like that.

STAY AWAY FROM TM DOMAINS!
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LiftMyRank 13 years ago

This is a good lesson for all to see, you can't ride off the wind of another company's sail
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- kenmichaels 13 years ago
  
  Originally Posted by John Moore
  
  This is a good lesson for all to see, you can't ride off the wind of another company's sail
  
  I beg to differ. you can, and a stunning amount of large corps do.
  You just have to be smart, and very careful about it.
  
  Thanks
  
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Am I in trouble?

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