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Cease and dicease

by codecreative
15 replies
Hi I had a legal letter telling me to take a website down as it infringed on copyright etc as it had a brand name in the domain so I took it down immediatly.

Since I was contacted thanking me for being co operative which I of course I was. And now they are asking I transfer ownership of the domain over. Do I have to do this? I have no need for the domain anymore but can I ask for an admin fee to do this?
#cease #dicease
  • Profile picture of the author RobinInTexas
    You could ask, tell them you didn't realize that you were infringing and would appreciate it if they compensated you for the registration fee that you spent, and hope for the best.

    If they say no and persist, give it over.
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    ...Even if you're on the right track, you'll get run over if you just set there.
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by RobinInTexas View Post

      You could ask, tell them you didn't realize that you were infringing and would appreciate it if they compensated you for the registration fee that you spent, and hope for the best.

      If they say no and persist, give it over.
      This, and if they don't want to compensate you then consider the money spent on a lesson learned. At least they were amiable; some of these situations can get downright nasty.
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  • Profile picture of the author K Mec
    If they are offering then definitely you can offer justified price to them. They may negotiate with you and agree on some price.

    Keep the talk negotiable, don't stick on price as we are under the fault right now so act cleverly.

    Take some advice of lawyer you know.
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  • Profile picture of the author KirkMcD
    NEVER ASK FOR MONEY!!!
    You broke the law and you want to be compensated for getting caught?
    Come on people, THINK!
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    • Profile picture of the author CoachManny
      Originally Posted by KirkMcD View Post

      NEVER ASK FOR MONEY!!!
      You broke the law and you want to be compensated for getting caught?
      Come on people, THINK!
      I don't think it is a matter of being "compensated for getting caught".

      He was smart enough to come up with a catchy domain name that sounds like had their brand name in the domain. Now they want it...not so no one else can use it but my guess is so they can use it and forward it to their website.

      I think it is commendable that the guy took it down without arguing but I do think he should at least be compensated for cooperating and not be out the money he has already invested. If it went to legal they would have to pay a bunch more to get it solved.

      They still come out on top either way.

      He should be compensated in my opinion.

      Manny
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      Manny Rodriguez Blog:
      www.coachmannyrodriguez.com

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  • Profile picture of the author markcr
    Banned
    I got a bunch of these about 3 years ago. I ignored them. My site was registered in 1999 so there's no way I am copyrighting at all. Make sure it is legit.
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  • Profile picture of the author MarketingManUK
    Originally Posted by codecreative View Post

    Hi I had a legal letter telling me to take a website down as it infringed on copyright etc as it had a brand name in the domain so I took it down immediatly.

    Since I was contacted thanking me for being co operative which I of course I was. And now they are asking I transfer ownership of the domain over. Do I have to do this? I have no need for the domain anymore but can I ask for an admin fee to do this?
    Without knowing the domain and trademark in question (and please don't post here) it's difficult to say whether or not they have a claim.

    But assuming they have, given you've taken the site down already (which suggests you knew you were in the wrong), I'd not waste any more time or effort in dealing with this. Simply move on, but try and build a sustainable business next time - i.e. one that isn't likely to get shut down!
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  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by CoachManny View Post

    They still come out on top either way.

    He should be compensated in my opinion.

    Manny
    Compensated for using someone else's trade name? Right .....


    It is their trademark. They can get the domain through a UDRP. It is better to just give it to them. Do not ask for money, as it proves bad faith registration.
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  • Profile picture of the author MaryPabelate
    Banned
    Before, you do anything, you have to make sure that the domain ownership would really be of that person or they are trying to cheat you.
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  • Profile picture of the author kpal
    I agree! You should defo ask for some sort of fee, the worst than can say is no ....
    Good luck :-)
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    • Profile picture of the author Kay King
      You should defo ask for some sort of fee, the worst than can say is no ....
      No, it isn't.

      He spent $10 or so registering a domain he did not have the right to use - it's not the trademark owner's fault and the OP doesn't deserve compensation.
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  • Profile picture of the author Gene Pimentel
    LOL - They're getting serious now, aren't they? Cease and DICEASE? You should correct the subject line - it's Cease & Desist.

    And there is no such thing as "copyrighting" a domain name. It's not a copyright issue - it's a Trademark issue - BIG difference.

    Do you have to turn it over? Not necessarily. There are many instances where you can use a trademark in your domain legally and without issue. The question is, are you prepared to defend yourself and hire an attorney? If not, then turning it over will make life easy for you. On the other hand, if your use of the trademark is allowed, and you are willing to defend your right to use it, do not give it up based on a Cease & Desist email.

    I am not a lawyer and this is not legal advice.
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