Demand Letter - What to do?

**Raider** · 06-03-2009, 05:25 PM

I received a demand letter by email from a Canadian legal assistant who works for the company that supposedly holds a TM to a domain I have. They included two TM numbers I cant find in Tess or anywhere else.

They included both the singular and plural versions of the name in the demand letter, I own the singular and Buydomains owns the plural, so I'm certain they received a demand letter as well.

The domain has been using a Parked page for at last 2 years, which I recently took down. It had an inquire link but no For Sale link. Buydomains on the other hand, has the plural noted for sale on the web page.

It's a domain I paid over 2K at auction and I'm not willing to let it go unless I really have to.

What do you suggest I do at this point?.... Thanks.

**biggedon** · 06-03-2009, 05:31 PM

you can always trash it and act like spam filter got it.

did they send you any "certified or registered" snail mail also?

**Raider** · 06-03-2009, 05:37 PM

Originally Posted by biggedon

did they send you any "certified or registered" snail mail also?

The letter which is in PDF format, indicated they sent one registered mail, but I haven't checked my P.O. Box yet.

**Acro** · 06-03-2009, 05:40 PM

If you feel that you've been making fair use of the domain and that their claim is unsubstantiated, you might benefit from a legal response. Let me know if you need a recommendation of an IP attorney.

**copper** · 06-03-2009, 05:46 PM

You will receive certified snail mail if it's legit.
Did parked page show ad/ads related to TM in question?
I think that's most important thing.

**Banned: democrat** · 06-03-2009, 05:51 PM

I am thinking smoke and mirrors. They are trying to scare you into submission. Hold the name tightly or go sell it and let it be the next person's issue

**Acro** · 06-03-2009, 05:53 PM

By the way, you don't have to accept certified mail. You can always refuse it, it gets returned.

**Raider** · 06-03-2009, 06:17 PM

Originally Posted by copper

Did parked page show ad/ads related to TM in question? I think that's most important thing.

The parked page used Parked.com's default results, which had a variety of results related to the name, Very much like the results for the domain Buydomains owns....

Not knowing what the TM is, It's hard to know if the results infringed... Does anyone know where I can lookup a TM for Canada?

Originally Posted by Acro

By the way, you don't have to accept certified mail. You can always refuse it, it gets returned.

Now that I know it's been sent, I will for sure refuse it.

Originally Posted by democrat

go sell it and let it be the next person's issue

I dont do that.

**Acro** · 06-03-2009, 06:30 PM

Canadian TM database.

**Raider** · 06-03-2009, 06:40 PM

Originally Posted by Acro

Canadian TM database.

OK, Thanks Theo.... One of the numbers in non existant, The other one I was able to pull up, It goes all the way back to 1981... Not sure if the results infringe though.

I'm sending you a PM with the domain and link to the TM... Thanks

**Acro** · 06-03-2009, 06:43 PM

It call comes down to use. Even if a mark is registered in one country or another, that alone does not give the tm holder universal rights over the term or the .com.

**Rockefeller** · 06-03-2009, 06:47 PM

A demand letter is just that...a demand...I've had my lawyer send demand letters to people and they just ignore it..If I were you I would ignore it until you receive an actual notice from WIPO/UDRP.

**Raider** · 06-03-2009, 07:12 PM

Originally Posted by Rockefeller

A demand letter is just that...a demand...I've had my lawyer send demand letters to people and they just ignore it..If I were you I would ignore it until you receive an actual notice from WIPO/UDRP.

I was thinking about doing just that, but I'm still going to have a domain Attorney look at it... Thanks Rock

Also, After looking at the TradeMark data... The name is the plural version, not the singular that I have.

**Raider** · 06-05-2009, 01:21 PM

Went to my PO Box yesterday and found the demand letter, It was sent regular mail, not registered.

**David G** · 06-05-2009, 01:59 PM

If you tell them you are willing to go to court if necessary as a pro-se they may go away because I feel the goal is often to make you give up due to your anticipated legal expenses and once they hear you are not hiring an attorney they may go away as they do not desire one-sided costly legal fees.

**fab** · 06-06-2009, 03:16 PM

I received a demand letter by email from a Canadian legal assistant who works for the company that supposedly holds a TM to a domain I have. They included two TM numbers I cant find in Tess or anywhere else.

What are they demanding, relinquishing the domain, and/or financial compensation?

If you need legal advice, I would recommend Brett Lewis' law office. Melissa Apfelbaum did some work for me there.

**Raider** · 06-06-2009, 03:30 PM

Originally Posted by fab

What are they demanding, relinquishing the domain, and/or financial compensation?

If you need legal advice, I would recommend Brett Lewis' law office. Melissa Apfelbaum did some work for me there.

The first demand is to relinquish the domain, the second is not to use the name in any way that would infringe on their TM... It's debatable whether I did that or not.

I've received quite a lot of help from members via PM, and I greatly appreciate all the advice given here as well.

Thank you.

**fab** · 06-06-2009, 03:39 PM

I've received quite a lot of help from members via PM, and I greatly appreciate all the advice given here as well.

Will do that as well.

**Banned: broe-foe** · 06-06-2009, 05:30 PM

Originally Posted by Raider

The parked page used Parked.com's default results, which had a variety of results related to the name, Very much like the results for the domain Buydomains owns....

Not knowing what the TM is, It's hard to know if the results infringed... Does anyone know where I can lookup a TM for Canada?

Now that I know it's been sent, I will for sure refuse it.

I dont do that.

1) Contrary to what you state, I get the feeling you know the parking-page results included results that probably infringed on their trademark. Claiming ignorance won't be a successful defense. You probably already know that.

2) Lumping yourself in with BuyDomains appears to be meant to give yourself as much credibility here as BuyDomains has. Don't do it, because you probably have more true virtue than BuyDomains, even if your infringing in this case.

3) Refusing certified mail or Fed-Ex delivery doesn't help you. Those methods also are meant for the sender to be able to prove in court or elsewhere that they sent it, not merely that you received it.

4) Seems odd you'd spend $2k on a domain, then hang it on a bunch of results that might infringe on someone's mark without first checking it out thoroughly. I only mention this due to the fact that you've touted yourself, in previous threads, of being very intelligent.

5) Call John Berryhill. If you PM me I'll give you more info.