Help please - Nikegear.com

[condoleezza]

Just got this email regarding a domain name i bought at auction last week. Any advice will be greatly appreciated.

Re: Trademark Infringement By “nikegear.com”



To Whom It May Concern:



I write on behalf of Nike, Inc. (“Nike”), to demand that you immediately stop all use of the above domain and transfer it to Nike. As you know, Nike is one of the world’s most famous designers and sellers of footwear, apparel and athletic equipment, and sells its goods through its own retail stores and the retail stores of other companies through its NIKE trademarks.



Nike has used its NIKE trademarks since at least 1971 and this trademark is the subject of US Federal Trademark Registration Nos. 978,952; 1,325,938; 1,214,930; 1,243,248; 1,238,853; 1,277,066 and others, all of which may be viewed at United States Patent and Trademark Office. The trademark is also extesively regsitered in the European Union and the UK. These world famous trademarks have come to be associated exclusively with Nike in the minds of consumers.



Without the permission of Nike, you own the domain name nikegear.com (the “Infringing Domain”) and use it to forward visitors to the livesoccer.tv website. We believe that you are obtaining financial and commercial gain from this site and your misuse of Nike’s trademarks constitutes infringement of such marks in that it creates a likelihood that purchasers will be confused and deceived as to sponsorship or affiliation. Your use thus constitutes violations of the US Trademark Act as well as the laws of the UK. You are liable for damages, profits, and payment of our attorneys' fees under US and UK trademark law.



Nike demands that you:



1) immediately cease and desist from any and all use, advertisement and display of any domain name or web address which includes the string “nike”, or a similar string, including the Infringing Domain; and



2) provide us with a list of any other domains you own which incorporate Nike’s famous trademarks (NIKE, AIRJORDAN, AIRMAX, COLE HAAN, CONVERSE, SWOOSH, HURLEY, UMBRO) or misspellings thereof; and



3) transfer the Infringing Domain, and all other infringing domains you have identified in item 2 above, to Nike.



Demand is also made that you contact the undersigned in writing, within Five (5) calendar days acknowledging that all commercial activities with regard to the Infringing Domain have been terminated and that you unlock the domains and provide us with a transfer authorization code for each.



Very truly yours,



Steven M. Levy, Esq.

FairWinds Partners, LLC

1632 Wisconsin Avenue, NW

Washington, D.C. 20007

202-223-9252

steve.levy@fairwindspartners.com

[Gerry]

That was the risk you take with purchasing clear TM infringement names.

I'll give even odds that the previous owner got a similar letter.

[biggedon]

Hi

from experience i'd say, give up the domain and any others you own

and move on




imo...

[Acro]

Nike = Greek name for victory. Unfortunately, NikeGear is clearly related to the tm of the sports gear manufacturer. It's a famous mark. Do as they ask.

[Vjizzle]

I agree with biggedon. Too much of a headache and you will ultimately lose. Did you pay a lot for the name? $xx, $xxx, $x,xxx?

[condoleezza]

Thanks for the advice everyone.

Forunately it didn't cost too much.

Is it possible to get a refund from snapnames or not?

[Acro]

A refund? No. All bids are final. You'd get a rebate if halvarez bid on it!

[stuff]

Thanks for the advice everyone.

Forunately it didn't cost too much.

Is it possible to get a refund from snapnames or not?

why would nsapnames pay for your mistake?

[Gerry]

Is it possible to get a refund from snapnames or not?

^^^Are you serious about this statement^^^

[Credit]

Since everyone is getting rebates, I want one too.

Where can I register?

[David G]

Can't believe you would buy such a blatant trademark name at an auction.

BTW, I recently let a dozen TM names I owned drop, many of them I had for 10 years. You could have got all of those from me for free and they were signicantly better names (with good traffic too) than your NikeGear.com domain.

[SIKHboy]

Thanks for the advice everyone.

Forunately it didn't cost too much.

Is it possible to get a refund from snapnames or not?

Clear TM Name.

I would advice you to immediately remove the redirection of nikegear to livesoccer.tv

Once you do that, write them an email, that you bought it recently from snapnames auction, and had no intention of doing this on purpose but due to lack of knowledge it all happened.


Last thing, write them an email, and tell them you want to transfer out the name to them, and provide them auth code.


Its a big hassel, am preety sure the money u will earn from mr org auction will be spent on this case in matter of seconds if you chose to protect this nikegear.com, lol, and ultimately you will lose.


I have been there done that, and advice you to just give them the name.

Good Luck

[DomainsInc]

ya reap what you sow.

[bought]

No one thinks condoleezza can set up a site selling gear associated with Nike, the ancient Greek goddess of victory?

[Gerry]

No one thinks condoleezza can set up a site selling gear associated with Nike, the ancient Greek goddess of victory?

Sure! Sell anklet strap-on wings...very chic and en vogue.

[bought]

Maybe throw in some cafepress tees and mugs. Add some books or merchandise through Amazon.

And, of course, AdSense . . .

[stewie]

No one thinks condoleezza can set up a site selling gear associated with Nike, the ancient Greek goddess of victory?

and then what?


I think its time to move on... JMO

[condoleezza]

Thank you everyone for comments.

I contacted the company requesting the domain and we have more or less reached an agreement for me to transfer the domain to them and they will cover my outlay.

Kind regards

[stewie]

[stevo]

transfer the domain to them and they will cover my outlay.

Quite generous of them. Consider yourself really lucky.