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

[paymaster7]

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[Acro]

You're smoking next to an open gasoline container.

[mark]

Originally Posted by Acroplex

You're smoking next to an open gasoline container.

--------------------------------

i agree.

[nameslave]

Originally Posted by paymaster7

we request that you refrain from using the domain name in connection with an active and infringing website and from offering to sell the domain name. We also request that you allow the domain name to expire at the end of the current registration term.

With this letter, we consider this matter resolved.

Unless you intend to contend Amex, you don't really need to contact them AT ALL.

[zachbb]

Yeah you can keep the domain as long as you don't renew it.

I am not sure about whether that C&D would allow you to keep it parked at sedo for revenue..?

It might also be a scam, like the Google C&D that has been going around. A real C&D would come in regular post, i think (not sure)

[austinandrew]

Originally Posted by zachbb

Yeah you can keep the domain as long as you don't renew it.

I am not sure about whether that C&D would allow you to keep it parked at sedo for revenue..?

It might also be a scam, like the Google C&D that has been going around. A real C&D would come in regular post, i think (not sure)

Yeah, that's the first e-mail request I've ever seen that hasn't at least been followed up by postal mail. And I've never seen such a lame term as "objecting" to the registration. Usually they come out and say the basis of the claim is trademark infringement.

...although Caroline Stevens is a real lawyer at the listed firm

[biggedon]

sign-up with an amex affiliate and redirect the traffic there, but don't "frame" the url redirect.

Note: This is not legal advice, nor is it the advice of DNForum.com

Sometimes when companies access a domain, that they could claim is an "infringement" and it points to their website, they tend to "let it slide".

[Steen]

Originally Posted by biggedon

sign-up with an amex affiliate and redirect the traffic there, but don't "frame" the url redirect.

Note: This is not legal advice, nor is it the advice of DNForum.com

Sometimes when companies access a domain, that they could claim is an "infringement" and it points to their website, they tend to "let it slide".

This is definitely hit or miss.
Many corps will go over the top.

[mole]

Are they really monitoring your site? (must be the lawyers trying to justify their time-sheets)

Put up an AMEX SUCKS AND CAROLINE BLOWS sign on your homepage :-D

[DogFaceBoy]

Looks like a fake to me. The new kind of scam. Let it drop for them, and then whoever sent it to you will register it and you are screwed.

[thejosh]

I have had 3 trade mark (“TM”) issues with domain names, and I find it a little strange that they sent the CD via email ONLY. With my TM issues I was sent an email, and the following day received the letter via certified mail in 2 cases, and in one case I was actually served the complaint from Eastern district of NY Federal Court.

Do you keep your whois contact up to date? That is the only reason I can think of as to why you never received it in the mail.

My advice would be to do nothing with the name that would in anyway cause confusion. Do not park it on a page that has anything relating to AE, credit cards, or anything similar. Do not put anything disparaging about AE, or that over paid ***** Caroline – that will only make them mad. You are not doing anything wrong by owning the name. Do your research on anti cyber squatting.

What I would do would be to send lovely Caroline an email and say the following:

“For settlement purposes only – FRE 408

Dear Ms. Stevens:

I refer to your email dated [put date of email here] regarding the domain name <homeamericanexpress.com > ("disputed domain").

Let me start off with an apology, I never received your previous attempts to contact me regarding the domain name homeamericanexpress.com.

I am very respectful of others intellectual property rights, but I do not find the disputed domain to be confusingly similar as to dilute the goodwill of any of American Expresses marks. If there is a conflicting trademark please provide me with the registration number?

In an effort to settle this dispute I will sell the domain name to American Express for $1,500, payable to me before any transfer takes place.

If you do not have a registered trademark, or you are unwilling to settle, I am prepared to defend my right to this domain name and its word mark

Best regards,
YOUR NAME”

I hope this info helps… maybe you can get a few bucks. If worst comes to worst you can just give up the name if they file a complaint in Federal Court.

Just don’t worry about this.

If you get any money I want 40%... thats what a lawyer would charge you!

[Acro]

Never read worse trash of advice than this one above.

Go ahead, challenge American Express to a pissing contest. Just make sure you have high Mastercard and Visa card limits to pay the legal fees.

[mole]

Originally Posted by Acroplex

Go ahead, challenge American Express to a pissing contest. Just make sure you have high Mastercard and Visa card limits to pay the legal fees.

Pissing on Amex? Priceless.

[Dave Zan]

At least the letter was "polite". :-D

Why'd you get the domain in the first place?

[actnow]

The way I read the C & D letter, she is basically telling you to let it drop.
Don't use it for anything. Don't attempt to sell it.

And, she is going to monitor your activity.

If necessary, she will protect the integrity of the TM if you do anything with it.

And, if you read between the lines, she is saying that it isn't worth AMEX's
effort to take it away from you. But, don't push her.

I would assume that the email is legit.

Did you check the properties of the original email?

You are clearly profiting from their TM. To add insult to injury, they
are paying you thru sedo's ppc.

Since, you are located in the U.S., they can also go after you financially.
And, then you will be paying the legal fees that Caroline charges AMEX.

Comparative threat.
Trying to across the Baltimore Beltway at rush hour on foot.

"Do you feel lucky?" "Go ahead. Make my day!"

[mppedersen]

Unless you receive anything via certified mail or are serverd I would ignore it. I have never meet a lawer that sends c&d's through email. You can just say, prove I received it.

I could send out c&d's to all of the domains I want adding a real lawers name to it also. I'm sure some would drop and I could pick up some great names for pennies on the dollar.

[jdk]

Just ignore the emails. If they email you again just let them know you will only communicate through certified mail.

[mppedersen]

Do not reply to emails, you only confirm you have received it by responding. Let them serve you.

[DNQuest.com]

I've seen some really bad advice on this thread (and appearently, some people don't comprehend well) .... if you have no idea what you are talking about, plesae don't post.... geez...

BTW- I have email tracking software and it is admissable in court, I use it all the time. Secondly, C+Ds can be sent through email, you don''t exhort money when your have nothing to bargain with.... ugh this thread hurt my head

[NameAlot.com]

I agree with DNquest.com, some seriously bad advice given by a lot of members here. The name is obviously a trademarked name that you have no legal rights too and to be honest with you, its not even a high quality trademark that is worth fighting for. Let it expire and move on. And not all companies send C+D via emails and the post mail. I've received many real ones via emails alone.

And the email that you received is a real c+d I have heard of leydig voit and mayer law firm focused on intellectual properties. In any event, good luck and don't try to pee on American Express lol.