Goat a domain copyright infringement email!

22 replies
Dear Warriors, I just got a domain copyright infringement message from a lawyer. He asked to me transfer the name to the brand owner. To be honest I was not even aware of the brand. But it seems popular in other countries. And the brand name is a dictionary word. What should I do?
#copyright #domain #email #goat #infringement
  • Profile picture of the author sophuk
    I am not a lawyer, but my friend here in the UK got one of these 3 years back from an American lawyer.

    My friend replied with him saying he had never heard of the American company who were wanting the domain transferring, but he'd be willing to sell them the domain for $10k.

    He went on to state that if they did not want to buy the domain, he would use it and ensure there was a disclaimer that his site was not associated with the American company.

    They never came back.

    Just check to see if it is a genuine lawyer and there is/isn't the possibility of infringement.
    Provided you are not selling the exact same product or attempting to pass your site off as a spin-off from there's I don't see how they can do anything other than back off from you.

    As above though I an NOT a lawyer nor a legal expert.
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  • Profile picture of the author shimul0011
    Thanks for your reply mate. I checked online and they seem to be real lawyer. The company is listed on the lawyer's website. There is no doubt that the email is real. The brand seems fairly big, but it is not popular in my country, I guess they don't even do business in my country.
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  • Profile picture of the author slammer81
    My first impression was that it was someone fishing around, messing with you.

    You had no idea at all when you set it up that it was a brand as well? Are you in the same market?
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    • Profile picture of the author shimul0011
      Originally Posted by slammer81 View Post

      My first impression was that it was someone fishing around, messing with you.

      You had no idea at all when you set it up that it was a brand as well? Are you in the same market?
      That is true brother. I had no idea at all. All I was targeting is dictionary words that has big search volume on Google. I found one and registered that.
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  • Profile picture of the author yukon
    Banned
    Goat a domain copyright infringement email!
    You have a goat domain?
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    Hi
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    • Profile picture of the author shimul0011
      Hm ..... I probably have.
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    • Profile picture of the author shimul0011
      Originally Posted by yukon View Post

      You have a goat domain?
      Yes, and the domain is GoatCanFly.com

      You wanna buy that domain?
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  • Profile picture of the author niffybranco
    Im not a lawyer, but I do not think they can do that if it is a dictionary word and you in no way imitate or impersonate them .

    I did a google search and there are restaurants called Apple restaurant , not sure Apple can go after them for trademark infringement , as long as their logo , typography etc are not copying apples brand in anyway and they sell just apple pies and not apple phones .
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  • Profile picture of the author Jack Hunter
    Originally Posted by shimul0011 View Post

    Dear Warriors, I just got a domain copyright infringement message from a lawyer. He asked to me transfer the name to the brand owner. To be honest I was not even aware of the brand. But it seems popular in other countries. And the brand name is a dictionary word. What should I do?

    You IGNORE it.

    Odds of even really big brand coming at you beyond harassing emails like one you received are next to non existent. Even if you offer exactly same service. It needs to be bigger similarity than that for them to have justifiable cause.

    And if somebody actually did, you can always negotiate AFTER they take you to court. Court systems, at least ones in USA/Canada allow for beautiful ways to drag cases on, and on, and on, while you can profit by blogging about how Goliath is beating up on David, get public support, perhaps even ton of free money from donations to help you fight big brand. People LOVE the little guy standing up to bullies.
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  • Profile picture of the author elmo033057
    I hate companies like this.

    Tell them they need to send you all of the documentation associated with the site and the company. Tell them that they need to show you proof or evidence of the branding.

    Make sure you drag this out for months. The legal fees the company will pay will be enormous. Tell them you want $5000 or more for the domain because you have a Chinese company that wants to buy it from you and they plan on using the heck out of it.

    Or

    Tell them that you are creating a parody site and you are well within your rights to do so like this guy:
    Dumb Starbucks - Wikipedia, the free encyclopedia

    And if they really want to be jerks about it you are going to turn it into a porn-parody site and fight them in court for years

    Then after they've spent mega-bucks in legal fees make sure you tell them that you sold it and no longer have it in your possession. Tell them that XYZ chinese company has it now and it's out of your hands. ( even though you still own it.)

    ELMO

    P.S. I'm really a nice guy, but these companies make me mad.
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    • Profile picture of the author AnniePot
      I read a story a while back where McDonalds was attempting to sue a bunch of restaurants in Scotland with the name McDonald. Some had been in operation way longer than McDonalds, the burger chain.

      Don't know the outcome, but for crying out load, McDonald is one of the most common last names in Scotland. There has to be some common sense in domain infringement claims.
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  • Profile picture of the author Smeltzer
    Happened to me once via Fox. They said I was hurting there brand with a name that had family guy in it. I just told them I sold it and then switched the domain to a friend of mine in the PH. Still kept on using the Domain and site but the who is was not in my name. *shrug* different strokes different folks.
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    • Profile picture of the author kindsvater
      Without knowing the domain to evaluate the situation (brand, use of name, etc.) no one can offer you any real advice.

      .
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      • Profile picture of the author Mark Singletary
        OP, With all due respect to other's opinions, this is the only lawyer that I know of on this thread.

        Knowing that, it may be wise to take his advice which is that without knowing more it's impossible to give any real advice.

        Also I would be wary of legal advice given out by anonymous posters that have no skin in the game i.e. they won't be the ones sued if it goes that far.

        Mark

        Originally Posted by kindsvater View Post

        Without knowing the domain to evaluate the situation (brand, use of name, etc.) no one can offer you any real advice.

        .
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        • Profile picture of the author elmo033057
          Originally Posted by Mark Singletary View Post

          OP, With all due respect to other's opinions, this is the only lawyer that I know of on this thread.

          Knowing that, it may be wise to take his advice which is that without knowing more it's impossible to give any real advice.

          Also I would be wary of legal advice given out by anonymous posters that have no skin in the game i.e. they won't be the ones sued if it goes that far.

          Mark
          I'm not anonymous, I've been on here for awhile.

          And I've dealt with this issue with the Tabasco company. They tried to nail me for making tuba hats and shirts with "TUBASCO" and a design that had the same colors as their company but a totally different design.

          They hired a real expensive lawyer to do the job. They paid through the nose on that one. And I didn't pay a dime. I simply stopped making the design.

          God Bless!
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  • Profile picture of the author Sosu
    I got the same type email when I owned CertifiedCisco.com, I was going to make a website about how to get Cisco certifications. I was not going to transfer it to the lawyer, so I put links up to websites of the Cisco Kid. I never got another letter either.
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  • You should have an attorney find out what type of trademarks are held on the name. Find out the uses or if they merely have a mark on their logo.

    I know of a large NYC restaurant chain that is suing an Indianapolis food truck. The chain is Eataly, the food truck is Little Eataly and they hold the URL. Now that the chain is looking to expand into smaller versions they want the truck's url and are suing for it.

    -CG
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    • Profile picture of the author Smeltzer
      Originally Posted by Charles Goodnight View Post

      You should have an attorney find out what type of trademarks are held on the name. Find out the uses or if they merely have a mark on their logo.

      I know of a large NYC restaurant chain that is suing an Indianapolis food truck. The chain is Eataly, the food truck is Little Eataly and they hold the URL. Now that the chain is looking to expand into smaller versions they want the truck's url and are suing for it.

      -CG
      Google did well suing smaller people with domains similar to there domain. One day people decided to start fighting back. The result courts made google prove that they are trying to decieve people into thinking the domain was Google in order for google to hold a viable case when they sue for a domain like oodle.com . It was starting to become ridiculous and they started loosing a lot of cases.

      Yet if people roll over and let brands take over and hijack other businesses yes it will keep happening. When you fight back and get a good lawyer you find out there is a lot of loopholes. When it happened to me and Fox I played dirty. Yet considering my website had nothing to do with Fox's family guy I could have won if I wanted to spend the time and money fighting it and yes I know they would have dragged it out in courts hoping to dry my bank account before it ever got took to court but them are the breaks. I still won by having someone else take over the domain in a country that happened to not really give a care.
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  • Profile picture of the author ChrisBa
    Originally Posted by shimul0011 View Post

    Dear Warriors, I just got a domain copyright infringement message from a lawyer. He asked to me transfer the name to the brand owner. To be honest I was not even aware of the brand. But it seems popular in other countries. And the brand name is a dictionary word. What should I do?
    Are you making money with the domain? I only ask because based on this, it might just be easier to let the domain go rather than go through any hassle.
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    • Profile picture of the author Kay King
      I could have won if I wanted to spend the time and money fighting it
      Maybe - or maybe not. It comes down to how much time and money and stress it's worth to defend a $10 domain.

      I still won by having someone else take over the domain in a country that happened to not really give a care.
      I guess some will think you beat "the man" - others will think your business ethics are a bit shaky.
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      • Profile picture of the author Smeltzer
        Originally Posted by Kay King View Post

        I guess some will think you beat "the man" - others will think your business ethics are a bit shaky.
        My business ethics are shaky? I was the one who went after a domain that had nothing to do with me or my business? No believe I was a victim in this. Fox was over reaching I had a nice domain about being a family man. I did not want to deal with the pressures or time it would take to battle it out in court.

        I did nothing wrong. I understand it is standard operating procedure to start a fight with everyone for some of you guys. I understand that but sometimes you should think before you just blindly throw around accusations or insinuations. Not everything is always as black and white as they appear to be.

        One can not copyright the word THE and then go after every domain with the word the on it. This is what a lot of businesses are doing. I was a victim of this very stunt. No way was I being shady or shaky but I was a victim of a shady business practice. 90 percent of the people just give up the domain without a fight because of like you said it is only a 10.00 domain. It is not worth the cost of a high powered lawyer to properly fight it. Yet to just give it up says that they can get by with this practice. That it is okay to STEAL what is not theirs to steal.

        If you are okay with just handing your domains over just shoot me an email and transfer all your domains over to me. I for one am not. I will circumvent any business trying to steal what is mine. Glad to know some people are weak and just lay down and take it but not me. Call me shaky and unethical if you want but why would anyone do long term business with someone who let's other business run all over them and take freely what is not theirs to take? As that type of business will not be in business long.

        As you can tell I am not a push over so when you try to call me out you better bring a bigger gun then just insinuating I am unethical or "shaky" cause I am not a pushover and I will not be bullied by you or anyone else.
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  • Profile picture of the author pcgun007
    I also got same email from Lego company.. I has to shut down my website..
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