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Domain Name Dispute

by seoleaf
21 replies
Hi,
I need you wise advice, and thanks in advance. I have recently recieve a complaint from a big company to the National Arbitration Forum that my domain name was "identical or somewhat confusingly identical" to their trademark. I have checked - I register the domain name one month before they successfully filed is as a trademark in US and Australia. My website is purely informational that promotes the company's services that filed the complaint, but with google ads which lead to other company that provides similiar services, which they have branded me as their "competitor". There was not copyright issue as all content and pictures were unique.

Please help as I don't have money to hire any legal right to assist me and I do not want to lose this website as I have worked hard for it - has PR and contantly increasing traffic each day.
#dispute #domain
  • Profile picture of the author BrashImpact
    The best Advice I have.... Call an Attorney... A very strong worded letter with an NIS Letter - Notice of Intent to Sue might be enough... but consult a lawyer on this one... or offer to sell the site too them for 100k...

    Robert
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  • Profile picture of the author Targeted Traffic
    yep another vote to ask advice from a lawyer...and yes you have mentioned the lack of finances...try to ask the attorney on the house...perhaps he might be kind enough to extend a little free advice...
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  • Profile picture of the author Barry Fenner
    Hi
    There are lots free legal advice on the Internet.. Just the matter of finding them.
    Try putting in the search "legal services" etc
    Just a suggestion
    Peace Barry
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  • Profile picture of the author ErikNilsson
    Just sell the domain to them by offering a price Min 10k instead of long legal process....
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    • Profile picture of the author davezan
      Originally Posted by ErikNilsson View Post

      Just sell the domain to them by offering a price Min 10k instead of long legal process....
      Attempting to sell a domain name to its trademark namesake holder is a ground
      for cybersquatting. Besides, the trademark holder can spend between $1,500 -
      $4,500 (for 1 up to 3 panelists) to resolve this domain-trademark administrative
      dispute in 60 days.

      As most of the others said, OP, you'll have to seek advice from an actual legal
      expert with real-world experience in this. Some of them give free consultations,
      depending on how straightforward your case is.

      Like Suzanne, I'm not optimistic based on what you've currently described. Still,
      good luck.

      (Oh, and you can't transfer the domain anywhere or anyone. The registrar has
      locked it up by now anyway, preventing anything to be done to it.)
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      David

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

    Hi,
    I need you wise advice, and thanks in advance. I have recently recieve a complaint from a big company to the National Arbitration Forum that my domain name was "identical or somewhat confusingly identical" to their trademark. I have checked - I register the domain name one month before they successfully filed is as a trademark in US and Australia. My website is purely informational that promotes the company's services that filed the complaint, but with google ads which lead to other company that provides similiar services, which they have branded me as their "competitor". There was not copyright issue as all content and pictures were unique.

    Please help as I don't have money to hire any legal right to assist me and I do not want to lose this website as I have worked hard for it - has PR and contantly increasing traffic each day.
    Only a lawyer can tell you for certain, but I doubt that you will win this. You are infringing on their trademark whether you registered the domain after their trademark registration date or not. A trademark is a trademark from the time of it's "first use in commerce".
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  • Profile picture of the author johan_malmo
    Really sad to hear... Only advice is to call a lawyer, explain the situation in details and see what their ideas on this are.
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  • Profile picture of the author CheapTrafficDude
    Did you get any writing in the mail?

    Letters from lawyers should be CORPORATE SEALED if official, otherwise it's a hoax for them to expand their branding or insight fear and get the domain for cheap. This is not uncommon practice. Many businesses out there use Google in their domain name and there's not a damn thing they can legally do about it. For example goo.gl and there's not a damn thing Google can do about it. Google Sniper ring a bell?

    I wouldn't worry about it until I have a hard copy, sealed and been given official court papers from a solicitor. Besides, if you can't afford a lawyer, what the heck are they going to sue you for? Either way, most of the time if you go to court and agree to relinquish the website and domain, won't cost you anything if it's settled out of court. No sense wasting money on speculations and hearsay.

    Hope this helps
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by CheapTrafficDude View Post

      Did you get any writing in the mail?

      Letters from lawyers should be CORPORATE SEALED if official, otherwise it's a hoax for them to expand their branding or insight fear and get the domain for cheap. This is not uncommon practice. Many businesses out there use Google in their domain name and there's not a damn thing they can legally do about it. For example goo.gl and there's not a damn thing Google can do about it. Google Sniper ring a bell?

      I wouldn't worry about it until I have a hard copy, sealed and been given official court papers from a solicitor. Besides, if you can't afford a lawyer, what the heck are they going to sue you for? Either way, most of the time if you go to court and agree to relinquish the website and domain, won't cost you anything if it's settled out of court. No sense wasting money on speculations and hearsay.

      Hope this helps

      Actually, sending a cease and desist or notification of arbitration via email is common for the legal depts of companies.

      In addition, they are not suing. They are using a UDRP process whereby the panel of judges decide and BOOM ... domain gone. They will take the domain from him, most likely. It is not speculation and hearsay. It's the way things work.

      If they wanted to sue, they could. They could sue the pants off of him.
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    • Profile picture of the author davezan
      Originally Posted by CheapTrafficDude View Post

      This is not uncommon practice.
      So are these:

      Service of Process | Internet Cases | technology law attorney | copyright | trademark | Chicago | Evan Brown

      Twitter user sent court order through Twitter message - Neowin.net

      Australia police serve court order via Facebook

      Just because court orders or similar have been traditionally sent in the mail does
      not mean they're restricted to that only. After all, this is the 21st century.
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  • Profile picture of the author garraye34
    As long as there are no copyright issue in relation to their picture and content, you should be fine. However, you may have fallen fowl anyhow if the aggrieved company had stated in their terms that you cannot use any names mimicking their brand.

    All the same, if you've violated the above, your best option is to take a legal redress. Or alternatively, if the site is not making you good money you had better let go rather than fighting an unhealthy battle.
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    • Profile picture of the author theimdude
      Originally Posted by garraye34 View Post

      As long as there are no copyright issue in relation to their picture and content, you should be fine. However, you may have fallen fowl anyhow if the aggrieved company had stated in their terms that you cannot use any names mimicking their brand.

      All the same, if you've violated the above, your best option is to take a legal redress. Or alternatively, if the site is not making you good money you had better let go rather than fighting an unhealthy battle.
      Do you know what the word "trademark" mean?
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by garraye34 View Post

      As long as there are no copyright issue in relation to their picture and content, you should be fine.
      This is completely wrong, and you don't know what you're talking about.

      http://www.warriorforum.com/main-int...al-advice.html
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  • Profile picture of the author mshmandal
    ask advice from a lawyer...and yes you have mentioned the lack of finances
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  • Profile picture of the author theimdude
    Originally Posted by seoleaf View Post

    Hi,
    My website is purely informational that promotes the company's services that filed the complaint, but with google ads which lead to other company that provides similiar services, which they have branded me as their "competitor".
    If you owned a trademark ask yourself as you went to all the trouble to get that trademark if you would be happy if somebody did the same to you. You are promoting the company's services.

    Before it get ugly and could cost you some money just hand it to them. I has a domain once. They took it to WIPO - World Intellectual Property Organization , godaddy nailed me for $50 legal fees and although I disputed the case lost the domain. This was not even trademarked. In your case the word "trademark" should just make you want to let problem go away. Don't listen to people telling you to sell it to them as that will be used against you and could cost you more. This company offered me $1000 which I turned down and said I wanted $1200. The rejected the new price and used it against me

    Not sure why everybody comes with this going to a attorney story. When it comes to trademark use you common sense and there is no need to pay a attorney to give you this info. You are profiting from another trademark which you don't own
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    • Profile picture of the author davezan
      Originally Posted by theimdude View Post

      use you common sense
      Heh, if only common sense were that common, especially with some people who
      think they're right yet are (possibly) wrong. But then, some things aren't readily
      obvious, while others really need to be hammered into.
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      David

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  • Profile picture of the author Riq
    Why not ask "Lawyer2Warrior"? He is a Lawyer - NOT your lawyer. Probably tell you if it is worth pursuing or stop using. All of us non- legal people have opinions that aren't worth a cup of coffee. I am in no way connected to him other than buying his WSO's
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  • Profile picture of the author Rus Sells
    @ CheapTrafficDude,
    You said:
    This is not uncommon practice. Many businesses out there use Google in their domain name and there's not a damn thing they can legally do about it. For example goo.gl and there's not a damn thing Google can do about it. Google Sniper ring a bell?
    LOL really? Just because there are tons of registered domains with the trademarked word GOOGLE in it does not set some sort of legal precedence that Google can't do a damned thing about it.

    The fact is they don't bother to chase them down but they do have a tool to report trademark infringement. Would you care to register a domain using Google's mark and I'll be happy to show you just how wrong you are.
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  • Profile picture of the author DireStraits
    What do you know about the sword and the scales?
    What do you know about domains?
    If you don't know, you don't know what they says;
    so shut up, just shut up-a ya face.

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  • Profile picture of the author hustlinsmoke
    My advice is to tell them to .... Well never mind, but better advice is go to prepaidlegal and sign up for one month, You get to talk to an attorney. Its under 30 bucks for the first month and well worth it.

    Now just so you know, if there a big company and know your a small fry, they can take you to court. They have to money to last forever, do you.
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