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Old 10-06-2009, 03:43 PM   #1 (permalink)
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TM problem, need advice

Hello,
i own pоrnhub.in and today i received following letter

Quote:
To: Sir/Madam
We are the owners of the trademark rights to the mark PОRNHUB and the domain name www.pоrnhub.com , and operate a well-known adult oriented website at that URL. We have spent several years and a great amount of resources developing and maintaining our web presence, protected trademarks, and corporate image, and have become widely known in the adult-oriented entertainment industry through our efforts.
It is our position that your registration and use of the URL Pоrnhub.in
(the “Infringing Domain Name”), in commerce is a violation of our trademark rights, constitutes unfair competition, and violates our international trademark rights. Your conduct violates the provisions of ICANN’s Uniform Dispute Resolution policy, and would likely be found to constitute bad faith registration and use by a WIPO arbitration panel.
Through receipt of this letter, you are on actual notice that your actions constitute cybersquatting trademark dilution, trademark infringement, and unfair competition. Based on your knowing and willful trademark infringement and unfair competition, we may be entitled to treble damages and attorney’s fees. Additionally, the Anti-cybersquatting Consumer Protection Act (“ACPC”) provides for civil sanctions against parties who register, use, or traffic in domain names in this manner. The ACPA provides for remedies including forfeiture of the offending domain name and up to $100,000.00 in statutory damages. If it becomes necessary to resolve this matter through formal means, it is our intention to seek the maximum allowable damages as well as a reimbursement of our fees in pursuing this action.

As this matter is of serious concern to us, we demand that you immediately cease and desist from registering, using, or trafficking in domain names which infringe our trademarks, and transfer the Infringing Domain Name to us.
Should you fail to comply with this letter within seven days (October 13th , 2009), we will be forced to take further legal action. This letter is not a complete statement of our rights in connection with this matter, and nothing contained herein constitutes and express or implied waiver of any rights, remedies or defenses in connection with this matter, all of which are expressly reserved.

What should i do?

Thanks.
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Old 10-06-2009, 03:47 PM   #2 (permalink)
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Consult a qualified attorney, as soon as possible.

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Old 10-06-2009, 04:46 PM   #3 (permalink)
 
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"trafficking"

lol, what's he doing, dealing crack?
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Old 10-06-2009, 04:53 PM   #4 (permalink)
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I would just give them the domain, and get a letter verifying that they will have no other claims after forfeiting the domain. Too much hassle for the money.

This is not legal advice!
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Old 10-06-2009, 07:19 PM   #5 (permalink)
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eww sounds like not a great position to be in..

consulting a domain/copyright lawyer doesnt sound like a bad idea.
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Old 10-06-2009, 09:10 PM   #6 (permalink)
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Quote:
Originally Posted by pibbz View Post
What should i do?

Frame the letter and caption it "Pot calling the kettle black".
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Old 10-06-2009, 11:18 PM   #7 (permalink)
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Yes just give them it but ask for a letter so their will be no further claims and then give them the name.
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