AUTOZONE wants my domain name for free. Can I defy them?

Profile picture of the author usamotozone by usamotozone Posted: 11/05/2013
Hello ,
My name is Radi and im working as a plumber in San Diego
I have a website for Motorcycle classifieds with domain name (Moderated) but after 2 years i receive a letter from AUTOZONE for trademark infringement.
I explained to them this site is free and i don't make any money
What i should do ????????

I try to upload the letter but is 1.99kb

Thanks in advance for yours help.

SHAME ON AUTOZONE
#autozone #defy #domain #free

  • Profile picture of the author Greedy
    Greedy
    Just contact a lawyer. That is your best bet. Find someone in Trademark Law.

    Was there ever anything on the site?
  • Profile picture of the author SunilTanna
    SunilTanna
    Are they threatening udrp or you to sue you?

    First decide if you can be bothered to fight. If it not, then just give in.

    If you decide to fight...

    If you can afford a lawyer, get one, and get him to reply for you, or at least to advise you how to reply. Talk to the lawyer *before* making any response.

    If you can not afford a lawyer, research both udrp and trademark cases involving domain names *before* making any response.

    It is is very important that you do not just rattle off any response without knowledge of what and why to write, as otherwise seemingly reasonable statements can be used against you if it does go to court or udrp.

    Ianal, so this is just my personal belief and opinion.
  • Profile picture of the author Alexa Smith
    Alexa Smith
    Originally Posted by usamotozone View Post
    I explained to them this site is free and i don't make any money
    That isn't necessarily relevant, I think.

    I'm no lawyer, but my understanding is that owning trademarks confers obligations, as well as rights: if people don't defend their trademarks if breaches of them come to their attention, this can be held against them at trademark renewal time, so some feel obliged to act on what they consider breaches of their rights, regardless of the other party's intentions and outcomes from the use of the domain-name/website concerned.

    The reality is that this forum is a terrible place to ask for or to take legal advice - it's easy inadvertently to be misinformed by well-meaning people without legal qualifications: http://www.warriorforum.com/main-int...al-advice.html

    It's complicated and you need proper legal advice. Good luck!
  • Profile picture of the author naomimaypierce
    naomimaypierce
    it doesn't matter if you make any money or not. if they own anything from the site like a logo or an idea then it is theirs. you would have to prove that you were first but that should have been registered beforehand. the lawyer advice sounds like your best chance.
  • Profile picture of the author dewayneboyd
    dewayneboyd
    Originally Posted by usamotozone View Post
    Hello ,
    My name is Radi and im working as a plumber in San Diego
    I have a website for Motorcycle classifieds with domain name ( usamotozone.com) but after 2 years i receive a letter from AUTOZONE for trademark infringement.
    I explained to them this site is free and i don't make any money
    What i should do ????????

    I try to upload the letter but is 1.99kb

    Thanks in advance for yours help.

    SHAME ON AUTOZONE
    LOL. USAMotoZone hardly even sounds like Autozone. It appears they have an awfully weak claim, but they also have deep pockets that could inconvenience you. At least talk to an intellectual property attorney and get an opinion. For me personally, I wouldn't let them bully me around, which appears to be what they are trying to do. Shame on these jerks. Maybe they just hired Richie Incognito as their legal counsel since he's suspended from the Dolphins and needs work.
  • Profile picture of the author garyt
    garyt
    You can defy them but they can take legal action and then you need to give them the domain name plus pay legal fees if they win.

    But then again, they may not have a case and you can make them pay the legal fees instead.

    Is it worth the trouble?
  • Profile picture of the author Thomas Smale
    Thomas Smale
    Speak to a lawyer if you want to keep the domain. Getting advice on a public forum where most people don't have any real world experience with anything like this is dangerous - the majority of people will just copy/paste what they have read before.

    IANAL but their claim seems pretty speculative and I don't see how there is any infringement here. You should also remove mention of the domain on this forum - not a smart move (nor is publishing their letter).

    If the site isn't making any money, I wouldn't bother looking any further into it - just let the domain drop.
  • Profile picture of the author Sid Hale
    Sid Hale
    My guess is that the email you received isn't from Autozone, at all...

    You can search the US Patent and Trademark service for "usamotozone" at :

    http://tess2.uspto.gov/ (it works better than healthcare.gov)

    After that, you might want to :
    a) totally ignore the sender, or
    b) ask them to provide you with a copy of their trademark registration certificate (unlike copyrights, a trademark must be registered)

    Additionally
    a) apply for your own trademark at Online Filing: Trademark Electronic Application System (TEAS) or
    b) contact a patent attorney
  • Profile picture of the author Sweersz
    Sweersz
    Ignore them.
  • Profile picture of the author agmccall
    agmccall
    Also, make sure it is actually Autozone that has contacted you

    al

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