C&D for AutoAgent.com - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**HLK** · 11-02-2002, 05:13 PM

After almost one year of me owning AutoAgent.com, Stoneage Corporation sends me a C&D.

They claim "common law rights" to the term "Auto Agent"
because they offered a servce by that name in the past.

The truth is that they can't stand the fact that they
let their registration lapse so they want it trasferred to them.

Meanwhile, I have developed the site and have big plans for it.

Stoneage is resorting to this is very sad indeed.

They do not have a trademark on it and while they don't have
a lot to stand on legally, I hate dealing with this stuff.

As someone once told me "you have to have thick skin to be in this biz".

You sure do...

**Sheva** · 11-02-2002, 07:00 PM

Hi, just ignore that email.

11-03-2002, 03:28 AM

Just forward the e-mail to your LegalAgent(tm).

11-03-2002, 06:09 AM

Hi,

Yeah, I agree. It's a total pain, but you might be able to make some money if they file a lawsuit, since the seem to have no ground on which to sue.

I would just ignore it, and if they persist, you should forward it to your agent/lawyer/etc.

**HOWARD** · 11-03-2002, 10:38 AM

I disagree. Ignoring it will not make it go away. I would recommend that you have legal counsel respond that you have developed the domain into a working web site and that you have no intention of transfering it or selling it to them. That leaves you in a much stronger position if they DO bring an action against you.

**LawyerSturgeon** · 11-03-2002, 07:12 PM

It is better to reply to C&D letters instead of ignoring them. UDRP decisions have held that a reply is helpful in establishing a claim of legitimacy. Here is a quote from a decision that I won regarding Chantellebra.com:

It is not enough blithely to say that he did not need to reply.
A timely and reasoned reply to a â€˜cease and desistâ€™ letter is
always helpful in establishing a defence of legitimacy.

Hope this helps

Stephen H. Sturgeon, Esquire
DomainEsq.com

**pljones** · 11-05-2002, 08:11 AM

The name is generic for an "agent for auto sales." You should respond, but explain that the word is commonly used by many parties, including you, and you have rights and legitimate interests in the name. If you do a Google search, you'll see about 2,000 sites containing "Auto Agent." There are also a large number of domain names containing "Auto Agent." StoneAge registered AutoAgent.biz, but has not developed a site. A German owns AutoAgent.info and AutoAgent.net, .org and .us are available for anyone to register.

StoneAge can threaten, but they can't hope to win a UDRP against you if they can't satisfy all three parts. They dropped the name, have no trademark registration, you registered it and are making a legitimate use. It seems clear they've got no case against you. Send them a strong response, but you should have an attorney review it or assist with the prep before you send it. Sometimes a strong response in cases like this can make the problem go away.

11-02-2002, 05:13 PM	#1 (permalink)
HLK Platinum Lifetime Member Last Online: 03-04-2009 08:30 AM iTrader: (0) Join Date: Aug 2002 Posts: 270 DNF$: 1,955 Location: Atlanta, Ga.	C&D for AutoAgent.com After almost one year of me owning AutoAgent.com, Stoneage Corporation sends me a C&D. They claim "common law rights" to the term "Auto Agent" because they offered a servce by that name in the past. The truth is that they can't stand the fact that they let their registration lapse so they want it trasferred to them. Meanwhile, I have developed the site and have big plans for it. Stoneage is resorting to this is very sad indeed. They do not have a trademark on it and while they don't have a lot to stand on legally, I hate dealing with this stuff. As someone once told me "you have to have thick skin to be in this biz". You sure do...

11-03-2002, 10:38 AM	#5 (permalink)
HOWARD Platinum Lifetime Member Last Online: 12-01-2005 11:02 PM iTrader: (0) Join Date: Oct 2002 Posts: 224 DNF$: 1,216 Location: Davie, Fl	I disagree. Ignoring it will not make it go away. I would recommend that you have legal counsel respond that you have developed the domain into a working web site and that you have no intention of transfering it or selling it to them. That leaves you in a much stronger position if they DO bring an action against you. __________________ Howard Neu, Esq.

11-03-2002, 07:12 PM	#6 (permalink)
LawyerSturgeon Platinum Lifetime Member Last Online: 09-15-2009 02:11 PM iTrader: (0) Join Date: Oct 2002 Posts: 17 DNF$: 77	It is important to reply to C&D letters It is better to reply to C&D letters instead of ignoring them. UDRP decisions have held that a reply is helpful in establishing a claim of legitimacy. Here is a quote from a decision that I won regarding Chantellebra.com: It is not enough blithely to say that he did not need to reply. A timely and reasoned reply to a â€˜cease and desistâ€™ letter is always helpful in establishing a defence of legitimacy. Hope this helps Stephen H. Sturgeon, Esquire DomainEsq.com

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11-02-2002, 07:00 PM	#2 (permalink)
Sheva Last Online: 11-20-2009 05:40 PM iTrader: (16) Join Date: Jul 2002 Posts: 908 DNF$: 4,829 Location: Italy Country:	Hi, just ignore that email.

11-03-2002, 03:28 AM	#3 (permalink)
Silverwire Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	Just forward the e-mail to your LegalAgent(tm).

11-03-2002, 06:09 AM	#4 (permalink)
conkermaniac Guest Last Online: 12-31-1969 07:00 PM Posts: n/a DNF$: 0 [Check]	Hi, Yeah, I agree. It's a total pain, but you might be able to make some money if they file a lawsuit, since the seem to have no ground on which to sue. I would just ignore it, and if they persist, you should forward it to your agent/lawyer/etc.

11-05-2002, 08:11 AM	#7 (permalink)
pljones Gold Lifetime Member Last Online: 02-11-2004 01:21 PM iTrader: (0) Join Date: Nov 2002 Posts: 170 DNF$: 242	The name is generic for an "agent for auto sales." You should respond, but explain that the word is commonly used by many parties, including you, and you have rights and legitimate interests in the name. If you do a Google search, you'll see about 2,000 sites containing "Auto Agent." There are also a large number of domain names containing "Auto Agent." StoneAge registered AutoAgent.biz, but has not developed a site. A German owns AutoAgent.info and AutoAgent.net, .org and .us are available for anyone to register. StoneAge can threaten, but they can't hope to win a UDRP against you if they can't satisfy all three parts. They dropped the name, have no trademark registration, you registered it and are making a legitimate use. It seems clear they've got no case against you. Send them a strong response, but you should have an attorney review it or assist with the prep before you send it. Sometimes a strong response in cases like this can make the problem go away.

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