Being threatened by a cheerleader...lol

[TheLegendaryJP]

Well I own the domains bca.net and bca.info

This past week as I shopped these domains around I ran across a bump.

I received an email from one of the companies/organizations I emailed, the British Cheerleading Association chair person stating I was in posession of " their " trademark ( bca ). At first I was shocked, here is his exact email.

First email...

Dear Josh,

Thank you for attempting to sell us our own domain name. BCA is a Registered Trade Mark. To sell it on or to aid others in abusing our registered copyright will result in legal action being taken, and your access to Internic and Nominet for such purposes being barred.

I replied his threat was some what laughable and many 60 plus compaines/organixations use BCA in their title or short form...his reply


second email...

What you are doing is legally fraud. This is a Registered Trade Mark. As internet cowboys will be reported the domain Hosting authorities

I again stated I see no reason or ground which he has to sue. Infact I am not abusing the term or using it for cheerleading and consider the number of companies which use BCA how is it " HIS " name? Infact why not go after the dot com, info, us, org. etc. ?


Third and last emial..he sent.

Legal action will be initiated this week. Ignorance of the law is no excuse.

No further correspondence will be entered into. I suggest you find a lawyer

To which I replied I would counter sue and still see no basis for his attitude.




Personally I think he just see's $$$$$. Infact my reply the first time ended by saying " I see you are not interested, thanks any way. " Yet he persued. Its almost as he has no reply for my questions, just straight forward " its mine ".

What grounds does he have?
When was BCA registered for them?
Considering I have not abused the name ( last 8 years been used for a courier service ) nor used for anything associated with cheerleading, should I take this serious and counter sue or.....

[barefoot]

Did a quick search at the USPTO website. I found no evidence of a live registered trademark for the term "BCA" that has anything to do with a cheerleading organization. So you're safe from American cheerleaders, anyway...

Is there a website for British trademark registrations?

Go team go...

[TheLegendaryJP]

They are in the UK.

http://www.cheerleading.org.uk/

I was trying through basic search here on UK TM's and got nothing for BCA either, but remember its just a basic search/ So...

[austinandrew]

Well, the guy obviously doesn't know what he's talking about anyone. Nominet will have nothing to do with your domain names.

[jdk]

Trade Mark is actually Trademark. I would check the validity of the email.

[TheLegendaryJP]

I assume he is serious. Infact I know for a fact it is their founder/chair person. He ended each email with the following. I think legally I cannot and have no plan to use ity for the purpose of cheerleading, which is fine. But when someone believe unrealistic things and does send a letter, should you even bother replying or countering? Should I call my reg company and warn them?

Cheers,
Bob Kiralfy, Chairman
British Cheerleading Association
www.cheerleading.org.uk
tel/fax: 01753 867713
mob: 07808 255520

[Ed30]

He was probably hoping you'd just give the name to him. Just ignore it. Sad to say it, but it amazes me how many British people are clueless as regards business and the internet.

[jdk]

I'd sit back and wait for them to send you something in the mail. You should develop the names with a small site that has something to do with other than cheerleading.

[Leading Names]

A trademark doesn't equal a domain; web content used on the domain has to relative to the TM for it to be an issue, and even then it's a tough call when it comes to 3-letter names. Also, .net and .info are global TLDs, this is a UK based organisation.

They don't even own BCA.org.uk

I know what I'd like to say to these jokers but it isn't repeatable here

- Rob

[TheLegendaryJP]

Thank you guys, esp. Leading Names, I felt this way and you confirmed it

My fear is they do send a letter and I end up having to counter to prove Im right and any expenses what so ever amounting.

[slimcrazy.com]

ignore any contact from them, you will only need to reply if you receive mail from wipo/udrp, in which you will get to make your statements then.

It will cost them 1,000usd to file in the first place.

You should be fine, just go on with your everyday process.

[Acro]

Ignore him, till you get that notice in the mail.

[jberryhill]

Trade Mark is actually Trademark

In British English, you are generally as likely to see it as two words instead of one.

[TheLegendaryJP]

Mr Berryhill, please tell me you have more advice or agree with someones opinion...lol I do appreciate it

[Anthony Ng]

First thing: STOP talking to this guy, you are only supplying him with inventory for any future action.

Actually, WHENEVER someone threatens or even hints at anything (WIPO or legal), stop right there. If he is just bluffing, you are wasting your time; if he is for real, you should wait for his formal notice (such as a cease and desist letter or court summons) and talk to your lawyer instead. Good luck.

[TheLegendaryJP]

Just curious but what would they ask me to cease doing?

I do not make money off cheerleading ppc. And I do not use the domain to abuse the british cheerleading association at all. Does this letter more so ask for domain transfer? If so I would hit the ceiling.

[JuniperPark]

There is only one right thing to do.

I know you thought of it,

Go ahead, you have to do it.

Post that cheerleader porn.

[TheLegendaryJP]

Never crossed my mind.

[mole]

Reverse cyberjacking is getting increasingly common today as a strategy to get nice domain names cheap. Nonetheless, the fact that you attempted selling the domain to the party in question puts you in a bit of a ackward position, especially when you quoted them $x,XXX or some kind of price that incentivises legal action as maybe a cheaper means of acquisition.

Just sit back, and wait to see if this thug from the bad part of London places his bluff, or is just full of it.

[jberryhill]

Mr Berryhill, please tell me you have more advice or agree with someones opinion

Ummm... Okay. I agree with someone's opinion.

Standard speech #342:

Welcome to the legal issues forum. Here members discuss legal issues. I enjoy these discussions, and I keep the forum on a browser tab in order to provide pithy, and once in a while informative, comments from time to time. As stated often here, I reserve the right to be sarcastic, and that is my "fee" for invoking the presence of this particular demon here.

One informative comment I frequently make is that lawyers are encouraged by the ethics code to devote at least some of their time to the public good by, for example, educating the public about the law. Did I say "'Welcome to the legal issues forum' already?

Another thing the ethics code provides is that specific legal advice is subject to rules of confidentiality, and is privileged against discovery. That second part means that, even though you might say a number of damaging things to your lawyer while consulting in confidence, nothing you say to your lawyer in private could be used against you. Of course, anything you say to your lawyer in public, for example on an internet message board, would ever be considered confidential. For a lawyer to encourage people to talk about their specific actual legal problems on an internet message board would be a bad thing for that lawyer to do. That lawyer might be considered to be inducing people to harm themselves by saying things, or saying things in a way, that might actually harm those people, since their words would be used against them by a motivated opponent. That lawyer would not be a good lawyer.