Godaddy.com threatening me

**vacbob** · 01-27-2003, 03:24 PM

I received a letter from GoDaddy.com that my domain dodaddy.com is an infringement on their name and want me to give it up or suffer the consequenses. Can they do this? I sent them an e-mail telling them they can purchase dodaddy.com for 25,000. what else should i do?
ty, vacbob

**Banned: CoolHost.com** · 01-27-2003, 03:42 PM

Originally posted by vacbob
I received a letter from GoDaddy.com that my domain dodaddy.com is an infringement on their name and want me to give it up or suffer the consequenses. Can they do this? I sent them an e-mail telling them they can purchase dodaddy.com for 25,000. what else should i do?
ty, vacbob

Ouch! My main concern here is your last 'statement (the part concerning the $25,000)! In my opinion, this COULD be construed as "bad faith" ... as I'm sure "GoDaddy" is TM'd. For my two cents, I wish you had posted here PRIOR to sending this e-mail "offer". I'm curious as to how the legal experts here will interpret this.
Good Luck.

PS. I ain't no lawyer!

**Banned: mcom1999** · 01-27-2003, 03:44 PM

basically the only thing they can do is file UDRP which will take months and some money for them.

I would be familar with previous UDRP cases (do a google search) and see which types of cases win and what some common factors are.

**pljones** · 01-27-2003, 04:08 PM

GoDaddy has won a few UDRP decisions with WIPO: see http://arbiter.wipo.int/domains/deci...2002-0570.html and http://arbiter.wipo.int/domains/deci...2002-0568.html

Using the name to direct visitors to a pop-up site isn't going to win you points with a panel. If you don't defend, they could get a result within 45-90 days (depending on whether use WIPO again or go to the quicker National Arbitration Forum).

There are readers on this board who can suggest some defenses too.

**vacbob** · 01-27-2003, 04:27 PM

The domain is for sale and that popup is from the place i have it parked, directnic.com

**Anthony Ng** · 01-27-2003, 04:30 PM

>>vacbob: I sent them an e-mail telling them they can purchase dodaddy.com for 25,000.

Not a clever move indeed. Sorry, but damage done already, I must say.

**Banned: CoolHost.com** · 01-27-2003, 07:04 PM

Originally posted by vacbob
The domain is for sale and that popup is from the place i have it parked, directnic.com

WHY??
Even a 'statement such as this CAN hurt your possible defense ... please read the posts before "commenting" further. We're trying to help you. Again, I defer to the legal experts here at this time.
Good Luck.

**Crispy** · 01-27-2003, 07:48 PM

Cool why dont you post the exact letter you sent them here.

**Banned: CoolHost.com** · 01-27-2003, 10:58 PM

Originally posted by Crispy
Cool why dont you post the exact letter you sent them here.

I didn't send any letter! Vacbob replied to them in an e-mail, as noted above. I, too, would like to see this e-mail ... as, again, that $25,000 "offer" could very much work against him/her IMO.
Thanks.

**Whois-Search** · 01-28-2003, 12:01 AM

Tell them $500

and redirect the name to :

http://arbiter.wipo.int/domains/fees/index.html

**GiantDomains** · 01-28-2003, 01:18 AM

In the past, GoDaddy has purchased gray area names for $1500, the cost of a WIPO action.

**Sharpy** · 01-28-2003, 01:27 AM

I never understand how these discussions can occur in an open forum, with such details.

Wouldn't this have been better:

I received a letter from ***.com that my domain ***/.com is an infringement on their name and want me to C&D. Can they do this? I sent them an e-mail telling them they can purchase ***.com for a lot of $$$. what else should i do?

Do you not think that someone from GoDaddy or any other concerned company has a user name(s) on this forum?

**GiantDomains** · 01-28-2003, 01:38 AM

The forum is good for opinions and suggestions, but never take legal advice from a non-lawyer if you are considering an action. Seek a lawyer.

**options** · 01-28-2003, 07:02 AM

Originally posted by Whois-Search
Tell them $500

and redirect the name to :

http://arbiter.wipo.int/domains/fees/index.html

Isn't that amount and other expenses normally asked for compensation, if name successfuly obtained?

**vacbob** · 01-28-2003, 09:57 AM

I checked on the trademark date it is September 19, 2000
I purchased dodaddy.com in april of 2000.

**GiantDomains** · 01-28-2003, 10:00 AM

Originally posted by vacbob
I checked on the trademark date it is September 19, 2000
I purchased dodaddy.com in april of 2000.

Application status counts, if they were actively using the TM.

That's why you need a lawyer, if you are going to proceed, etc...

Maybe of the lawyers that frequents dnforum can comment on the validity of the "pending" status of a TM, and the weight it holds.

**namedropper** · 01-28-2003, 11:50 AM

DoDaddy.com? Just give it to them. The name sucks, and it'd be next to impossible to convince anyone that you have a legit reason to use it, especially after pointing it to a popup site and asking for such a ridiculously stupid amount of money for it.

GoDaddy has been using that name long before the trademark registration was approved, so it has an earlier common law trademark for that period.

Now all we need is for you to admit that you got it solely to hope to profit off of typos (typosquatting) or solely to sell to godaddy.com.

**Sharpy** · 01-28-2003, 12:07 PM

Exactly. If you wanted to typosquatt with a name that had some validity, you could have registered ToDaddy.com(available). more typo possibilities than dodaddy.

ToDaddy.com, could have been a site where the coeds at coeds.tv wrote open letters home "to daddy"

**pljones** · 01-28-2003, 12:56 PM

There are some trademark owners who will not hesitate to bring a UDRP case against a registrant who asks for any money, let alone $500, in return for a domain name. I don't have a problem with reimbursing registration fees, but after a while, you get tired of reimbursing $8.95 for a name that you don't want in the first place, but don't want anyone else to have either.

You're better off not asking for $500 - just my own opinion though.

**options** · 01-28-2003, 02:56 PM

Originally posted by namedropper
DoDaddy.com? Just give it to them. The name sucks, and it'd be next to impossible to convince anyone that you have a legit reason to use it, especially after pointing it to a popup site and asking for such a ridiculously stupid amount of money for it.

GoDaddy has been using that name long before the trademark registration was approved, so it has an earlier common law trademark for that period.

"Dodaddy" is a recognized word in common language.
I am not sure about the reason for its registration but personaly don't think any phrase ending with "daddy" should be associated with godaddy.com. That would be nonsense.

But I agree about lawyer's consultation.