letter from american express lawyer... what do i do??

[Focus]

They are surely being nice...trust me dude. You have to pick and choose your battles wisely in life...this is not the one to "pick" unless you want a gangrenous sore.

[Dynamic1]

While I agree clear trademark problems did you give the phone number a call
Caroline L. Stevens
LEYDIG, VOIT & MAYER, LTD.
Two Prudential Plaza
Suite 4900
Chicago, Illinois 60601
Tel: (312) 616-5600
Fax: (312) 616-5700

ASK FOR Caroline
Just to make sure its legit say your name is whatever you want just not your real name. Sending it by email sounds strange.

[Banned: Beachie]

Weigh up the risk - is this name making enough money to pay your legal costs when Amex get serious? Probably not.. Let it drop.

[zachbb]

Well, at least in my opinion, I don't see how sending an email can be legit as it is VERY hard to track the original sender. This makes it of questionable validity. On the other hand, sending fake C&D via the post is well defined as being fraud, and if your in the united states, I believe its a Federal charge. So it would make sense for companies to only send c&ds via post...

?

[octobus]

Why don't you just call Caroline and ask her whether she sent an email to you.

[DNGeeks]

I received email communication from a company lawyer before in regards to a page being named the same as their TM. They asked that I simply rename the page. I renamed it and then posted their email on the site. They weren't happy about that at all, but that's a different story.

So yes, some companies will try a reasonable contact before a C&D. Of course you always confirm that it's real before you do anything.

[noshi]

Hi, my two cents worth,, and BTW, I am not a lawyer or IP legal expert. Just my opinion on this.

First you want to make sure it is legit mail from AMEX's legal consel. See other posts on that issue. Then, perhaps you can point out the fact that someone else may pick up this name too. In that case, why not just offer them to buy the name from you?

The fact that the parking site does refer to credit cards and stuff, is probably why they found you. Now, if you changed the parking to something like, "home delivery", "home express delivery" or something other than banking,, maybe?

noshi

[DNQuest.com]

Originally Posted by zachbb

Well, at least in my opinion, I don't see how sending an email can be legit as it is VERY hard to track the original sender. This makes it of questionable validity. On the other hand, sending fake C&D via the post is well defined as being fraud, and if your in the united states, I believe its a Federal charge. So it would make sense for companies to only send c&ds via post...

?

I wasn't going to post a again on this thread because of the stupid posts by several people, but I feel I have to because some people obviously need help.

C+D = A letter sent to a party to inform of an alleged act which the sender asks you to sop what you are doing. This letter could be long and technical, or short, sweet and personable. Either way, you have been informed of an alleged act and you were asked to stop.

This letter could be sent mail, certified, email, donkey.. it don't matter. The responses of "say you never got it" or "ignore it" shows the character of the person repsonding.

In this day of technology, emails are a perfectly acceptable form of communication. And yes, there are email tracking software, I have it. When I use it, it shows when it was sent, the EXACT date and time it was opened, the IP it was opened from, how many times the email was open, if the person forwarded the email to another person, it even gives a map of the possible location where the email was opened, and it sends you a digital certificate receipt yo my email. All of this is legally accepted in the court of law as proof of delivery to the reciepient.. AND THIS IS ALL DONE WITHOUT THE KNOWLEDGE OF THE PERSON WHO RECEIVED THE EMAIL. So please stop this "you can't track emails crap". I know if I was a lawyer, I would be using it all the timie and maybe they are using it too. (btw- each time my ex-wifes lawyer claims, in writing, my ex-wife never recieved an email from me, the judge is gonna know her character)

Ok, so this thread, there was an email C+D from a person that we know works for a law firm which has been verified... So what is the issue here???? We all know you are infringing on the TM, we know you are doing it in bad faith, and all they asked if for you not to renew the domain. You are getting off easy and they are being nice. They do not want the domain, so people saying it is a fraud, I don't see why since they ask for nothing accept stop using thier TM in bad faith.

To the others here who don't have a clue, please stop posting in legals until you get a grasp. I'm sorry to be pissy about this, but come on, people come to legals for good advice, not BS like I've read in this thread.

Originally Posted by noshi

In that case, why not just offer them to buy the name from you?


noshi

Why???? because that is bad faith.... You piss them off after they are clearly being very generous, then they turn around and make an example of you.

It is funny how people always say "well someone else could register it" like you even care about the company. If you cared, you would have not registered the TM domain in the first place. They want it to expire, then so be it.

[austinandrew]

Originally Posted by DNGeeks

So yes, some companies will try a reasonable contact before a C&D. Of course you always confirm that it's real before you do anything.

I find it interesting that so many companies don't try to contact the owner first before overnighting a C&D letter. I think some people get paid by the letter sent.

[Domagon]

If it really is a cease and decist letter, it's among the nicest I've ever read.

They use the word "request" a few times for starters ... most C&D letters use the word(s) "demand", "stop", "cease", etc... not "request" LOL!

And the letter is not demanding you to cancel / transfer it right away ... most C&Ds will demand just that.

So either AMEX has little ammunition (most likely) and is simply putting you on notice, or has really friendly attorneys, or the email letter is bogus.

A real C&D, as opposed to a "request", will most likely come via certified postal mail.

Ron

Originally Posted by DNQuest.com

...And yes, there are email tracking software, I have it. When I use it, it shows when it was sent, the EXACT date and time it was opened, the IP it was opened from, how many times the email was open, if the person forwarded the email to another person, it even gives a map of the possible location where the email was opened, and it sends you a digital certificate receipt yo my email...

That software won't work in many instances...

ie. I read all my email in plain text with html disabled, remote image loading disabled, scripting turned off, etc.

Thus there's no simple way to track if I've received an email, let alone opened it ... unless I reply back.

And email server logs on the sending side won't help either, since they will at most show that the email was picked up by the receiving MTA, but won't show if the remote MTA actually delivered it as opposed to discarding it, forwarding to another MTA, losing it somehow, filtering by the receiver (perhaps without their knowledge by their ISP), etc.

In a nutshell, email tracking software alone can't do it reliably ... effective email tracking requires the cooperation of multiple parties, which often can't be guaranteed.

Ron

[nameslave]

Originally Posted by thejosh

If worst comes to worst you can just give up the name if they file a complaint in Federal Court.

Sorry, but that is NOT the worst case scenario, not even remotely.

[paymaster7]

Hmm. Well there certainly is a bevy of advice here. I believe I'm just going to wait to see if a registered C&D letter comes through the mail and then most likely do what it instructs me to do. I'm not convinced by this email, particularly with the lack of follow up.

I believe someone mentioned the worst that could happen... what is that, precisely?

Thanks for the responses. Cheersm
John

[austinandrew]

Originally Posted by paymaster7

I believe someone mentioned the worst that could happen... what is that, precisely?

It's a different situation, but you should read this:

Typosquatting: What’s the worst that can happen?

[Domagon]

Relax ...

If they really wanted the domain that bad; truly believed you were using it in bad faith, they'd already sent a C&D via certified mail ... perhaps even sending similar C&D to the registrar, Sedo, etc.

To be clear, this is not legal advice, but rather is based on my experiences in the domain name business ... in a nutshell, it appears, assuming the email is legit, that AMEX is simply putting you on notice that some uses of the domain may potentially infringe on their trademarks, etc.

Finally, if the "heat" is too much for you, then likely the best thing to do is delete the domain and forget about it ... ultimately that's your call. Good luck.

Ron

[DNQuest.com]

Domogon, a couple of points:

1 - It is a C+D letter, there is not a set way to send one. Yes, most are done with firm, hard language... this one is not. So you are saying the style doesn't sound like a C+D?? please read it again, they are just being nice.

2- A C+D IS a request...

3- You have no idea how the email software works, you are making assumptions. I can read your text only emails, it has nothiing to do wit your settings or your server. I track almost everything I send and not once have I not been able to track an email (or how many times it has been forwarded)... and I have been using it for well over a year. And yes, it is accurate and it is legal in the court of law.

4- the email is tracked the exact moment you open it (even in preview status)

[DNGeeks]

I'll call you on that one. Prove it. PM me for an email address to send something to so you can "track it".

[actnow]

Originally Posted by DNGeeks

I'll call you on that one. Prove it. PM me for an email address to send something to so you can "track it".

The purpose of this thread is to help someone who received a C & D letter.

I believe a number of good points were made.

Also, I feel that DNQuest doesn't have to prove anything.

I'm familiar with the program that he uses. And, it functions as described.

Happy New Years to All.

[Domagon]

Originally Posted by DNQuest.com

...It is a C+D letter, there is not a set way to send one. Yes, most are done with firm, hard language... this one is not. So you are saying the style doesn't sound like a C+D?? please read it again, they are just being nice.

There's a difference in principle, and that's coming from experience. The email he received, assuming it's legit, is a request for him to avoid using the domain in various ways; they are monitoring the situation.

Originally Posted by DNQuest.com

...You have no idea how the email software works, you are making assumptions.

I admin enough servers to know a few things about email ... since you're the "expert", tell how this amazing email tracking software works, at least in a general sense.

Originally Posted by DNQuest.com

...I can read your text only emails, it has nothiing to do wit your settings or your server. I track almost everything I send and not once have I not been able to track an email (or how many times it has been forwarded)... and I have been using it for well over a year. And yes, it is accurate and it is legal in the court of law.

LOL! Sure ... legal in a court of law ... I seriously doubt that unless you have cooperation of various outside parties to track where the email went ... and even then, that doesn't necessarily prove the intended recipient actually received it - more importantly viewed it; many people (and/or their ISP) filter out email after receipt.

Originally Posted by DNQuest.com

...the email is tracked the exact moment you open it (even in preview status)

Please send me some emails to the following email addresses: bennett@wyomissing.com and another to domains@domagon.com

Thanks

Ron

[denny007]

Yes I saw this email tracking software...I think it was in the movie where Sandra Bullock was connecting to an IP 23.75.345.200