Contacted by major corporation about TM infringement - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**taktikz** · 10-08-2009, 08:46 PM

Received an email a few hours ago from a major corporation. They say that the domain infringes on their trademark of TWO LETTERS.
I'm not going to mention the domain, but it contains two letters that can stand for ANYTHING!

They are threatening to take legal action if I don't hand over the domain.

Would appreciate advice from those who have experience on these issues.

Thanks

**BidNo** · 10-08-2009, 09:09 PM

Quote:

Originally Posted by taktikz

a major corporation.

First verify email is genuine. Then depending on domain value - get a domain lawyer or let it go. If the latter make sure to get it in writing that that's the end of it.

**Acro** · 10-08-2009, 09:10 PM

Research LH.com / Lufthansa

**taktikz** · 10-08-2009, 09:35 PM

The email is from a law firm that specializes in TM infringement, not from the corporation itself.

Note: Just contacted a couple of lawyers. Let's see what they have to say.

**Drop And Cover** · 10-11-2009, 02:07 AM

This kind of stuff makes me furious, it's as frivolous as you can get. They think they have a right to what's yours just because they are a corporation and you are an individual. You can bet your arse they wouldn't dare if it was already in use by another corporation.

**exxe** · 10-11-2009, 02:18 AM

Post the email received, it could be a scam.

**Focus** · 10-11-2009, 06:07 AM

Tell them to pound dirt, and to print out your email and shove it up their a$$.

**Namefox** · 10-11-2009, 10:57 AM

I have had this happen to me...It was an idiot who wanted my domain name and wasn't even a lawyer. Sent out a phony email. He was just trying to get my domain name. So like an earlier poster said, check the email and confirm that it is from a law firm.

**Doc Com** · 10-11-2009, 11:34 AM

What is your intent, how is it displayed, does it depict anything related to the business of the complainant.

Those are what need to be addressed rather than just say you are being picked on by a legal team.

Did you do something with the name to raise red flags?

**taktikz** · 10-11-2009, 08:36 PM

Quote:

Originally Posted by Doc Com

What is your intent, how is it displayed, does it depict anything related to the business of the complainant.

Those are what need to be addressed rather than just say you are being picked on by a legal team.

Did you do something with the name to raise red flags?

The domain doesn't even have a site. It doesn't even have a parking page on it.
I'm surprised they even knew it existed.

The domain itself could be used for a variety of things. Things that are related like an enthusiast forum/site and things that are unrelated as the two letters can stand for a number of things.

Here's the email:
Dear Mr. X:

Please find attached a letter describing your infringement of "Corporation's" Intellectual Property Rights. Please contact me if you are unable to read the attached letter. The attachments have also been sent to you via First Class Mail. The letter contains a deadline for your response.

Lawyer
Lawfirm Name

Address
Tele:
Fax

**Focus** · 10-11-2009, 08:45 PM

Tell them you are going to file a suit against them for attempted reverse domain hijacking.

**taktikz** · 10-11-2009, 10:25 PM

Quote:

Originally Posted by Focus

Tell them you are going to file a suit against them for attempted reverse domain hijacking.

Any one ever have success with this?

**Focus** · 10-11-2009, 10:28 PM

I believe so...you would have to do some searching but I have seen it as a finding a few times by wipo panels..

**gafadi** · 10-11-2009, 11:45 PM

well i aint no experienced or a layer either but the smart thing would be playing it right than writing them right away that you will sue them. First study and look for similar cases , has this happen before and whats the results ? if the results are in your favor than i say you go ahead and write them that you will sue them or something like that . But if those cases the cooperation had won , then you should study more contact a lawyer and ask for their advice and what you should do about the case.

**RandysDomains** · 10-12-2009, 03:14 AM

I've been on the receiving and sending end (through my employers lawyers) of similar letters.

The first thing to ask is whether or not you are really violating their trademark. A quick way is to search the USPTO site for the letter combination. It's not a simple search tool(s), but helpful.

Wait for the letter and think the situation through.

In my case I had registered (privately) the domain of (bigcompanyname)store.com. I had owned the domain for a number of years, and had plans to sell it to one of the big company dealers or maybe build a store, but never had. I clearly had their name in the domain I registered. I wrote back and explained I had no intent of cyber-squatting the domain and using it to damage them. I explained that I had spent $xxx to hold the domain for 6 years (i think it was) and could they reimburse me for that expense. They explained that they did not pay for 'their' intellectual property. Then they sent a check for the $xxx dollars. I was happy as I was not out any money, and they were happy to get the name.

So, not all big companies are bad, and can actually be reasonable. For the big company a low $xxx settlement was nothing.

I guess that the bottom line of my reply is to caution you about jumping off a bridge and contacting a lawyer until you think the situation through. PM me if you want.

Hope it all works out well.....

Randy

**DNBA** · 10-12-2009, 03:31 AM

well what i would say is that "Even tho you may not see a website it doesnt me the domain isnt in use. The domain is used for our network system. Any attempt to disrupt our use for domain xx will result in legal auction" I believe if they do try to file for a udrp you can file a lawsuit and have it removed and let the courts decide.

If they take it that far you can then express that the domain is in use and that its a generic term and hasnt infringed on any trademark nor have you made any attempt to sell the domain to the other party.

Im not a lawyer but there may be a way to sue for attempt of disrupting network servers and putting said domain at risk.

*Also if you respond via email I would reply with an email using that domain.

**iestates** · 10-12-2009, 04:11 PM

I definitely read an article within the last two months where a big company tried to reverse hijack, they lost, and the owner of the domain was awarded damages in the case. I'll try to find the article and post it here.

Either way, it sounds to me like a load of crap on their side. You should verify this is not a hoax and that the lawyer actually DOES represent the company (this is also something to be wary of). After that, if you come back with a strong response showing that you know what you're talking about, are not afraid to defend your position, then they will likely back down. If they don't, tell them in so many words that they better be prepared for a counter suit.

Disclaimer: I'm not a lawyer and this is not professional legal advice.

**taktikz** · 10-13-2009, 03:55 PM

Thanks for the helpful responsed.
The domain consists of USED(XX).net
Where XX can stand for a variety of things.

I just received the letter in the mail today. Contacted a few lawyers a few minutes ago and waiting on their response. Probably will take the letter to a local lawyer just to interpret the letter for me.

To me, this feels like reverse domain hijacking. But, lets see what happens.

**PRED** · 10-13-2009, 04:56 PM

Quote:

Originally Posted by iestates

I definitely read an article within the last two months where a big company tried to reverse hijack, they lost, and the owner of the domain was awarded damages in the case. I'll try to find the article and post it here.

allow the predmeister

http://domainnamewire.com/2009/10/07...es-in-lawsuit/

**iestates** · 10-13-2009, 05:07 PM

Bingo

10-08-2009, 08:46 PM	#1 (permalink)
taktikz Gold Lifetime Member Last Online: 11-19-2009 08:11 PM iTrader: (0) Join Date: Jun 2008 Posts: 57 DNF$: 120 Location: USA	Contacted by major corporation about TM infringement Received an email a few hours ago from a major corporation. They say that the domain infringes on their trademark of TWO LETTERS. I'm not going to mention the domain, but it contains two letters that can stand for ANYTHING! They are threatening to take legal action if I don't hand over the domain. Would appreciate advice from those who have experience on these issues. Thanks

10-08-2009, 09:10 PM	#3 (permalink)
Acro Bloody lovely Last Online: Yesterday 08:07 PM iTrader: (394) Join Date: Feb 2004 Posts: 23,903 DNF$: 4,071 Location: USA Country:	Research LH.com / Lufthansa __________________ DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog My Countdown Counting down to: Snapnames rebate hitting my mailbox 80 days 8 hours 8 minutes

10-08-2009, 09:35 PM	#4 (permalink)
taktikz Gold Lifetime Member Last Online: 11-19-2009 08:11 PM iTrader: (0) Join Date: Jun 2008 Posts: 57 DNF$: 120 Location: USA	The email is from a law firm that specializes in TM infringement, not from the corporation itself. Note: Just contacted a couple of lawyers. Let's see what they have to say. Last edited by taktikz; 10-08-2009 at 10:06 PM..

10-11-2009, 02:18 AM	#6 (permalink)
exxe Platinum Lifetime Member Name: Andrei Last Online: Today 03:48 PM iTrader: (13) Join Date: Nov 2007 Posts: 658 DNF$: 211 Location: Europe Country:	Post the email received, it could be a scam. __________________ .

10-11-2009, 06:07 AM	#7 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 03:50 PM iTrader: (111) Join Date: May 2005 Posts: 9,405 DNF$: 15,342 Location: Dirty South Country:	Tell them to pound dirt, and to print out your email and shove it up their a$$. __________________ Selling the tremendous domain name : FLUS dot com must see unbelievable price & opportunity! Hurry!

10-11-2009, 02:07 AM	#5 (permalink)
Drop And Cover Gold Lifetime Member Last Online: 11-02-2009 08:37 PM iTrader: (0) Join Date: Mar 2009 Posts: 9 DNF$: 10	This kind of stuff makes me furious, it's as frivolous as you can get. They think they have a right to what's yours just because they are a corporation and you are an individual. You can bet your arse they wouldn't dare if it was already in use by another corporation.

10-11-2009, 10:57 AM	#8 (permalink)
Namefox Namefox Last Online: Today 03:46 PM iTrader: (96) Join Date: Feb 2005 Posts: 3,903 DNF$: 998 Location: US/Canada	I have had this happen to me...It was an idiot who wanted my domain name and wasn't even a lawyer. Sent out a phony email. He was just trying to get my domain name. So like an earlier poster said, check the email and confirm that it is from a law firm. __________________ Buyers always responsible for associated transfer costs. Freeze.ca is for sale. Since 2000. Contact me if interested.

10-11-2009, 11:34 AM	#9 (permalink)
Doc Com Dances With Dogs Name: info [@] gerry.mobi Last Online: Today 03:38 PM iTrader: (73) Join Date: Dec 2006 Posts: 10,288 DNF$: 25,457 Country:	What is your intent, how is it displayed, does it depict anything related to the business of the complainant. Those are what need to be addressed rather than just say you are being picked on by a legal team. Did you do something with the name to raise red flags? __________________ Conservative With A Conscience

10-11-2009, 08:45 PM	#11 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 03:50 PM iTrader: (111) Join Date: May 2005 Posts: 9,405 DNF$: 15,342 Location: Dirty South Country:	Tell them you are going to file a suit against them for attempted reverse domain hijacking. __________________ Selling the tremendous domain name : FLUS dot com must see unbelievable price & opportunity! Hurry!

10-11-2009, 10:28 PM	#13 (permalink)
Focus Making Everything Click Name: Chris Last Online: Today 03:50 PM iTrader: (111) Join Date: May 2005 Posts: 9,405 DNF$: 15,342 Location: Dirty South Country:	I believe so...you would have to do some searching but I have seen it as a finding a few times by wipo panels.. __________________ Selling the tremendous domain name : FLUS dot com must see unbelievable price & opportunity! Hurry!

10-11-2009, 11:45 PM	#14 (permalink)
gafadi Platinum Lifetime Member Last Online: Today 01:55 PM iTrader: (2) Join Date: Jan 2008 Posts: 221 DNF$: 20 Location: sdsa	well i aint no experienced or a layer either but the smart thing would be playing it right than writing them right away that you will sue them. First study and look for similar cases , has this happen before and whats the results ? if the results are in your favor than i say you go ahead and write them that you will sue them or something like that . But if those cases the cooperation had won , then you should study more contact a lawyer and ask for their advice and what you should do about the case.

10-12-2009, 03:14 AM	#15 (permalink)
RandysDomains Gold Lifetime Member Name: Randy Last Online: 11-12-2009 11:43 PM iTrader: (0) Join Date: Mar 2009 Posts: 2 DNF$: 10 Location: Texas Country:	I've been on the receiving and sending end (through my employers lawyers) of similar letters. The first thing to ask is whether or not you are really violating their trademark. A quick way is to search the USPTO site for the letter combination. It's not a simple search tool(s), but helpful. Wait for the letter and think the situation through. In my case I had registered (privately) the domain of (bigcompanyname)store.com. I had owned the domain for a number of years, and had plans to sell it to one of the big company dealers or maybe build a store, but never had. I clearly had their name in the domain I registered. I wrote back and explained I had no intent of cyber-squatting the domain and using it to damage them. I explained that I had spent $xxx to hold the domain for 6 years (i think it was) and could they reimburse me for that expense. They explained that they did not pay for 'their' intellectual property. Then they sent a check for the $xxx dollars. I was happy as I was not out any money, and they were happy to get the name. So, not all big companies are bad, and can actually be reasonable. For the big company a low $xxx settlement was nothing. I guess that the bottom line of my reply is to caution you about jumping off a bridge and contacting a lawyer until you think the situation through. PM me if you want. Hope it all works out well..... Randy

10-12-2009, 03:31 AM	#16 (permalink)
DNBA Platinum Lifetime Member Name: shahram Last Online: Today 07:47 AM iTrader: (8) Join Date: May 2008 Posts: 501 DNF$: 0 Location: los angeles Country:	well what i would say is that "Even tho you may not see a website it doesnt me the domain isnt in use. The domain is used for our network system. Any attempt to disrupt our use for domain xx will result in legal auction" I believe if they do try to file for a udrp you can file a lawsuit and have it removed and let the courts decide. If they take it that far you can then express that the domain is in use and that its a generic term and hasnt infringed on any trademark nor have you made any attempt to sell the domain to the other party. Im not a lawyer but there may be a way to sue for attempt of disrupting network servers and putting said domain at risk. Also if you respond via email I would reply with an email using that domain. __________________ Now Selling: KPH.com, Tag.Us, Podcasts.net, LaCantina.com, IronKettle.com, pixd.com, OilDriller.com, ExhibitPrints.com* Sign up for more info on becoming a licensed Domain Name Broker DNBA.org Last edited by DNBA; 10-12-2009 at 03:37 AM..

10-12-2009, 04:11 PM	#17 (permalink)
iestates Exclusive Lifetime Member Last Online: 11-20-2009 09:14 AM iTrader: (4) Join Date: May 2008 Posts: 121 DNF$: 50 Location: Chicago	I definitely read an article within the last two months where a big company tried to reverse hijack, they lost, and the owner of the domain was awarded damages in the case. I'll try to find the article and post it here. Either way, it sounds to me like a load of crap on their side. You should verify this is not a hoax and that the lawyer actually DOES represent the company (this is also something to be wary of). After that, if you come back with a strong response showing that you know what you're talking about, are not afraid to defend your position, then they will likely back down. If they don't, tell them in so many words that they better be prepared for a counter suit. Disclaimer: I'm not a lawyer and this is not professional legal advice. __________________ iEstates \| Domain Management DNFix \| Domain Auctions \| List your domains now for free Pushing \| Domain Sales and Leasing

10-13-2009, 03:55 PM	#18 (permalink)
taktikz Gold Lifetime Member Last Online: 11-19-2009 08:11 PM iTrader: (0) Join Date: Jun 2008 Posts: 57 DNF$: 120 Location: USA	Thanks for the helpful responsed. The domain consists of USED(XX).net Where XX can stand for a variety of things. I just received the letter in the mail today. Contacted a few lawyers a few minutes ago and waiting on their response. Probably will take the letter to a local lawyer just to interpret the letter for me. To me, this feels like reverse domain hijacking. But, lets see what happens.

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10-13-2009, 05:07 PM	#20 (permalink)
iestates Exclusive Lifetime Member Last Online: 11-20-2009 09:14 AM iTrader: (4) Join Date: May 2008 Posts: 121 DNF$: 50 Location: Chicago	Bingo __________________ iEstates \| Domain Management DNFix \| Domain Auctions \| List your domains now for free Pushing \| Domain Sales and Leasing

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