Got a mail claiming my domain name - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**nightangel** · 11-03-2005, 07:04 AM

Hello guys,

I've been out from the domain game for a few years building my other internet ventures and I'm completely lost now.

To be short: I have purchased an established site from a canadian guy a couple of years ago and been working on developing it. The domain was regged in 1999 and been active since then growing every single day, thanks to my efforts to rank it at google and exchange links (visitors wise).

Today I got a e-mail from a lawyer who's telling me that I'm using the domain name in a bad faith and their client has US based trademark named same as my domain, and now they tell me I better transfer the domain name to them or I'll be facing them in the court.

I got really confused and stressed, after all the money and time I invested in the domain name.

My business is located out of the US and my domain contents isn't related to the complaintaints business. However I'm still worried.

I would use any of your suggestions and tips of what to do in this matter as I dont want to loose the domain and ready to fight them in the court or whatever is needed to keep my domain with my business.

Thanks and I appreciate your help and replies.

**dotNetKing** · 11-03-2005, 10:19 AM

Hello nightangel and welcome to dnforum

I'm sure you'll get some helpful answers here. You could do a search to find previous threads on this type of thing in the meantime ("trademark" "c and d" "c & d" etc. And I'm sure that will help you a bit.

Some cases look fairly clear as to whether there is trademark infringement and/or registration in bad faith and/or use in bad faith. A lot of cases aren't so clear.

To get specific help, you will probably need to give the name of the domain name, either posting it or giving it by PM to someone who is willing to offer suggestions.

Any way, I hope things work out ok for you.

**DNjet** · 11-03-2005, 10:37 AM

First go here and search for the trademark , see when it was marked , and what the trademark states. Search on both the actual domain and just the term.
http://tess2.uspto.gov/bin/gate.exe?...ate=gr098k.1.1 .

If your site was online before the trademark then thats in your corner I think, also if your content does not infringe on their trademark description then its another mark for your corner. Just my opinion.

Don't be bullied by an email , sometimes its a scare tactic in hopes to just get the domain without a fight, unless you recieve something by registered mail to force you into legal decisions, give them hell back.

**nightangel** · 11-03-2005, 10:58 AM

SearchSix, thanks for your reply. The domain itself has adult content and adult audience since 1999 and has over 60.000 visitors daily to it. The company that's claiming it - producing and selling shoes.

I've checked and they have the trademark registered in the US since 1997. Also my domain has "-" hyphen in it and there exists a domain name without the hyphen which is an empty page on it, but I dont think they went after it.

My guess is that they're targetting high traffic site/domain, which is ranked well at google other than one with an empty page on it.

Also yes, they told me I'm facing upto 100.000 USD in fines for damages if I decide to take a fight with them, so sounds like they're trying to scare me.

I don't want to loose the domain name, after all its not just about domain name, its about business I'm developing for the last few years, and how much it would get hurted if they take it from me.

More over I'm not competing with them on selling shoes.

I appreciate your replies. Still wondering what kind of steps I could take to protect my domain name and my business.

**Leading Names** · 11-03-2005, 11:10 AM

Quote:

Originally Posted by nightangel

SearchSix, thanks for your reply. The domain itself has adult content and adult audience since 1999 and has over 60.000 visitors daily to it. The company that's claiming it - producing and selling shoes.

I've checked and they have the trademark registered in the US since 1997. Also my domain has "-" hyphen in it and there exists a domain name without the hyphen which is an empty page on it, but I dont think they went after it.

My guess is that they're targetting high traffic site/domain, which is ranked well at google other than one with an empty page on it.

Also yes, they told me I'm facing upto 100.000 USD in fines for damages if I decide to take a fight with them, so sounds like they're trying to scare me.

I don't want to loose the domain name, after all its not just about domain name, its about business I'm developing for the last few years, and how much it would get hurted if they take it from me.

More over I'm not competing with them on selling shoes.

I appreciate your replies. Still wondering what kind of steps I could take to protect my domain name and my business.

Assuming your domain is fairly generic I don't think you have anything to worry about (PM me the name if you like).

The age of your site and the fact that your site is totally unrelated to their TM or site would make this fairly easy to win in UDRP or otherwise.

Sounds like bully-boy tactics to me.

- Rob

**sasquatch** · 11-03-2005, 11:13 AM

60k visitors per day, holy crap that's loads of potential shoes to sell, even to the hornies

No wonder they are trying to get it from you.

Seriously, I have no idea how can you have a shoe related TM name as an adult site domain, unless you have something like Prada-Sluts.com :-D or something like that?

It's hard to know whether you stand a chance, unless you reveal the name. If you want send me the name via PM and I will let you know my honest op.

Either way the main difference is whether the name is generic eg. Suede-Shoes-Babes.com or Spike-Heeled-Milfs.com, or obviously TM eg. Prada-Sluts.com or Fendi-Trannies.com etc.