What Would You Do If Amazon Asked You This?

34 replies
Hi all,

A friend of mine has a domain that includes one of Amazons trademarked names in it, he has just recieved an email from Amazon regarding this domain. They have offered him a small amount of money to hand it over or they will take him to court.

My friend asked me not to post the domain name, however I can't believe Amazon let this slip by them! It's a EMD to one of their top selling products!

Now obviously this domain is only good to Amazon, my friend has never used it and it's not parked.

So what i'm asking is:-

1. Can Amazon force him to hand it over even though he's never used the domain.

2. Should he ask for a ****load of money :-) (I guess that depends on the answer to #1)

Cheers
Neil
#amazon #asked #emd
  • Profile picture of the author Emily B
    I'm not at all an expert at this sort of thing, but if it's their trademark they within their rights to protect it.

    Personally, I'd rather be paid for it then sued in a fight I couldn't win. I wouldn't advise asking for more money, either.
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  • Profile picture of the author Michael Franklin
    Yes...they can! Don't even ask for a lot of $$$! Just take what they offer and be thankful that it won't get ugly!
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  • Profile picture of the author stephenwaldo
    Yea, Amazon's going to get what they want either way. The fact that they're willing to pay for it and didn't just send a notice of seizure is actually surprising to me. Take the money and run before Jeff Bezos hears that he won't get to have his way with some poor sap in a court room.

    This sort of thing can be immensely frustrating, but welcome to Capitalism. Money = Power.
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    • Profile picture of the author Zeus66
      Originally Posted by stephenwaldo View Post

      This sort of thing can be immensely frustrating, but welcome to Capitalism. Money = Power.
      As opposed to Socialism, where it's Other Peoples' Money = Power

      :p
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  • Profile picture of the author jamesrich1
    I would get a free consultation with a lawyer and see what your options are. Maybe you can get a lot more then they are offering initially...
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  • Profile picture of the author travlinguy
    I agree with the lawyer consult. There are some unknowns here that could favor your friend. One question is, how long has he had the domain and how long has Amazon had the trademarked name in question. If your friend had the domain before the trademark was issued he might be sitting pretty.
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  • Profile picture of the author FreeHostingWeb
    In every threat, there is opportunity - to make money in this particular case! More so when the domain is not even parked.
    This open another new sprestrum of opportunity to prosper with the internet - domain sales by 'accidentally' misusing trademarks-related names or in fact is already happening w/o us noticing......

    Neil, ask yr friend to take whatever from Amazon and relate it in a eBook, that's what i'll do.
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    • Profile picture of the author dfs_dean
      Originally Posted by FreeHostingWeb View Post

      In every threat, there is opportunity - to make money in this particular case! More so when the domain is not even parked.
      This open another new sprestrum of opportunity to prosper with the internet - domain sales by 'accidentally' misusing trademarks-related names or in fact is already happening w/o us noticing......

      Neil, ask yr friend to take whatever from Amazon and relate it in a eBook, that's what i'll do.
      Cybersquatting?

      Peace
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      Find something to enjoy about reality. It's not going to go away.
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  • Profile picture of the author zaco
    "I am not a lawyer" but if I was at his position and I didn't register this domain to sell it for amazon, neither did I know it was a product or something for Amazon then I would register a trademark for that domain and keep it with me and show them I have it tradermarked...

    It is a personal preference, do you want to fight with them ? courts? for me if I feel I didn't do something wrong then yes I will go to court but that means alot of $$ and a big chance to lose, I know I didn't register this domain because it was for amazon..it just happened that they had a product , I don't like to be bullied because they have money and they can take me to court so they get what they want...
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  • Profile picture of the author NeilMoran
    Hey guys thanks for your comments, you've raised some good points that I can pass on.

    Cheers
    Neil
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  • Profile picture of the author dfs_dean
    Originally Posted by NeilMoran View Post

    Hi all,

    A friend of mine has a domain that includes one of Amazons trademarked names in it, he has just recieved an email from Amazon regarding this domain. They have offered him a small amount of money to hand it over or they will take him to court.

    My friend asked me not to post the domain name, however I can't believe Amazon let this slip by them! It's a EMD to one of their top selling products!

    Now obviously this domain is only good to Amazon, my friend has never used it and it's not parked.

    So what i'm asking is:-

    1. Can Amazon force him to hand it over even though he's never used the domain.

    2. Should he ask for a ****load of money :-) (I guess that depends on the answer to #1)

    Cheers
    Neil
    Well, maybe your friend can make out as well as Mike Rowe, who got an XBox out of Microsoft.

    Linkie: Microsoft vs MikeRoweSoft

    Peace
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    • Profile picture of the author Farish
      Originally Posted by dfs_dean View Post

      Well, maybe your friend can make out as well as Mike Rowe, who got an XBox out of Microsoft.

      Linkie: Microsoft vs MikeRoweSoft

      Peace
      One of the worst possible examples you could use. There was no trademark involve and this was a pr nightmare for Microsoft. It was the kid's real name and he had stated on his website he had no affiliation with Microsoft. Good chance they would have lost that case and be laughed out of court.
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  • Profile picture of the author Martin Luxton
    Originally Posted by NeilMoran View Post

    my friend has never used it and it's not parked.
    Be a good friend and tell him to walk away.

    (I'm not a lawyer, etc)

    Your friend has never used the domain. I've seen cases where companies have trademarked something AFTER somebody else had the domain name, but, because they took action and the domain owner didn't, the latter lost the domain.

    As one previous post said, take the money and run before they change their mind.

    Martin
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  • Profile picture of the author NicheGrabber
    I vote to take the money and run as well. One thing you have to keep in mind is that a company like Amazon probably has top notch lawyers who can bury you even if you have the advantage at first.

    At the very least, they can bury your friend by shipping a whole bunch of outdated books to his house!
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  • Profile picture of the author JohnMcCabe
    1. Yes.

    2. No. Take the offer. They didn't even have to do that.
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  • Profile picture of the author DWaters
    I may be in this exact same situation - I have an Amazon word in my domain - possibly the same word!!!
    I am using the site and making a little bit of money from it. Maybe Amazon wants your friend's domain because it is not in use. Hopefully they will leave mine alone because I am actively helping to sell their Amazon product, at least a few of them.
    If I did get this type of notice I would take the money and run. I am in no position to butt heads with Amazon. I would just more on. If they offer me any money I would feel fortunate.
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  • Profile picture of the author Jason Johns
    I'd take the offer and run.

    It's going to get very expensive in the court room and Amazon has much deeper pockets than your friend. Usually if they own the trademark unless your friend can conclusively prove that the domain was registered in good faith to do nothing associated with the trade mark he'll lose and be left with an expensive legal bill.

    Amazon have been generous and offered him some money - it's more than they needed to, so I'd say thank you for much and hand the domain and then go pursue other fish in the sea.

    Cheers

    Jason
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  • Profile picture of the author DWaters
    Neil,
    It would be interesting if you let us know what your frind decides and how it works out for him. Thanks - David
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  • Profile picture of the author NeilMoran
    Just a quick update guys....he took the cash!

    I think he did the right thing, it'll pay for a good holiday or something, many thanks for your input!

    Cheers
    Neil
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  • Profile picture of the author Sparhawke
    I personally would take the money and walk away, a company like Amazon has MASSIVE resources that could count in their favour which could tie you up in legal proceedings for years if you decide to try to keep something like this, Nissan.com is still being contested after years.

    Of course I do not know all the details but I do not know of any product at all that has Amazon as a name other than what is associated with the online store so it isn't to my mind like it could be a mistake that it was registered...while it may have been registered before said product arrived on the scene there is a case for them to say that their name was linked to a random, lets say "computer handheld book" product (when you don't know the name of it previously) and just registered it speculatively.

    Lets take Nissan.com again as an example, they do not make trucks right now, but I am betting quite a good case could be made if someone randomly registered NissanTrucks.com and sat on it for the future; see what i am saying?

    Of course you can choose to fight them, I would say John Berryhill Esq. is a good domain lawyer and he could advise you far better than here but if they want to give money for something that is not even in use then why not?
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  • Profile picture of the author Joseph Robinson
    Banned
    I'd take it to court and fight it regardless of circumstances; but that is just because I want to be an individual.

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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by NeilMoran View Post

    So what i'm asking is:-

    1. Can Amazon force him to hand it over even though he's never used the domain.

    2. Should he ask for a ****load of money :-) (I guess that depends on the answer to #1)

    Cheers
    Neil
    Amazon is being gracious offering a small amount of money. They don't have to offer anything. They can of course take the domain from him and they could also sue him if they wanted to.

    Asking for any money at all proves bad faith registration in a UDRP so I'd advise that he either take the small amount ... or what I would do is ... I would hand over the domain to Amazon. It is their trademark.
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    • Profile picture of the author bengirwb
      Suppose you had a site called BuyGoodUsedChryslerCars.com

      Would Chrysler come after you?
      What would you do if they did?
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      • Profile picture of the author sfx1971
        Originally Posted by bengirwb View Post

        Suppose you had a site called BuyGoodUsedChryslerCars.com

        Would Chrysler come after you?
        What would you do if they did?
        When I was affiliate marketing and setting up my sites I was always told NEVER to include product names in the domain.

        But there are so many out there that do include product names so who knows what they would do. They can't sue everybody - can they?!
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        • Profile picture of the author JohnMcCabe
          Originally Posted by bengirwb View Post

          Suppose you had a site called BuyGoodUsedChryslerCars.com

          Would Chrysler come after you?
          What would you do if they did?
          It depends. If the site was for your local used car lot, or a classified ad site for people selling used Chryslers, you are probably OK. You would not be attempting to confuse the consumer, nor would a reasonable person conclude that Chrysler endorsed you.

          That said, in the US, anyone can file suit against anyone else for practically any grievance, so who's to say what a corporation (or one of the scavengers who feed on this type of question) might do.

          What would I do? Depends on what the site is worth to me...

          Originally Posted by NeilMoran View Post

          Just a quick update guys....he took the cash!

          I think he did the right thing, it'll pay for a good holiday or something, many thanks for your input!

          Cheers
          Neil
          Neil, given the number of replies after your update (thanks, btw, too often we never find out), maybe you could edit your OP so the people who never make it past the OP know the issue has been resolved.

          Not sure what to do about the ones who don't get past the subject line...
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    • Profile picture of the author Sparhawke
      Originally Posted by sbucciarel View Post

      Amazon is being gracious offering a small amount of money. They don't have to offer anything. They can of course take the domain from him and they could also sue him if they wanted to.

      Asking for any money at all proves bad faith registration in a UDRP so I'd advise that he either take the small amount ... or what I would do is ... I would hand over the domain to Amazon. It is their trademark.
      Agreed, they do not have to offer anything for it, the fact that they are offering money as a small compensation and a way of getting you out of any ensuing legalities is a major boon...I would offer it graciously without contestation and bid them farewell.

      They have seen your domain and have in their radar, do you really want to take on one of the most powerful internet companies in the world?

      Originally Posted by Farish View Post

      One of the worst possible examples you could use. There was no trademark involve and this was a pr nightmare for Microsoft. It was the kid's real name and he had stated on his website he had no affiliation with Microsoft. Good chance they would have lost that case and be laughed out of court.
      As I heard he is now a fully accredited microsoft software engineer, trained up on their dime. They paid him off and trained him up and now he is earning a fortune...
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  • Profile picture of the author sfx1971
    I would at least find out what my options really were before taking action. Seek out a copyright/trademark lawyer and ask.

    If you don't, you will never find out....
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  • Profile picture of the author Aditeo
    Hey not an expert here but since that name is a part of their trademark/sign/diret company name etc... they can and willl sue you .

    My opinnion ... take the money and run
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  • Profile picture of the author Jim Nariel
    Yep - take the money (however much it is) and run! Your friend should be focusing on his business
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  • Profile picture of the author Amazingpenny
    That's funny. I would take the money. A bird in the hand is better than two in the bush.
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  • Profile picture of the author guitarjosh
    I had a game developing company contact me a couple months ago and ask for the domain I grabbed when I saw they launched a new company. I had purchased "xyz games dot com" (where xyz was their name) and they offered me $300 for it. I sold right away.

    I also had Amazon email and ask for a domain that had their name in it. They said they would have to suspend my amazon account if I didn't turn their name over. I didn't quite get so lucky in this case.. maybe if I hadn't had Amazon ads on it, it would have worked out better for me. But... I gave in and gave it back to them.
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  • Profile picture of the author WebPen
    I think this applies here:

    http://www.warriorforum.com/main-int...al-advice.html

    But basically- nobody in here can really tell you. Personally- I'd just take the money- its not worth getting sued over a domain name.
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  • Profile picture of the author nickvs13901974
    I say ask for the money
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  • Profile picture of the author LukeDavenport
    It could no doubt go both ways, if its under trade mark rights. Then it turn into a mean situation! But if not, i would haggle them to death for a bigger offer!
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