C & D letter received. Hmmmmm

[nafti]

Well I recently received a C & D letter from a "Church organization" here in Toronto, Canada. The name in question is a .ca name with the trademarked name as part of my .ca name.

Their lawyer request that I:

1: cease and desist use of *****************.ca, as a trademark, tradename, part of a domain name address, or otherwise, forthwith;

2: provide us with an undertaking in writing that you will sease and desist from use of the mark *******************.ca, or any other marks that are confusingly similar to our clients' tradename and trade mark;

3: provide us with an indication of the extent of your use, so that our clients can access their damages; and

4: transfer the domain name ****************.ca to our clients.

I realize that the legal thing for me to do is to take down the parked page (which is currently there) and hand over the name. But I have nothing to lose. I have nothing in my name (well maybe my bed).

So what should I do? Should I fight it ( however, I do not want to spend a penny on this) or just hand it over without a fight?

Thanks all.

 

[Rico]

ask a fee for your emotional damage

 

[TheLegendaryJP]

So is it the exact name of the church ?

 

[nafti]

Yes, pretty much. For example, if the word "Baptist" was trademarked, I would own something like Baptistchurch.ca (which obviously is not the name in question here).

 

[TheLegendaryJP]

So its a denomination with church added to it ? Like Baptist/Pent./seventhdayad. etc

I live in niagara so it interests me whom this might be

 

[nafti]

Yes, you can say denomination. But the denomination in question is indeed trademarked. I will PM you the name.

 

[hugegrowth]

probably easier to hand over the name because what would you ever do with it anyway? especially if a trademark is involved, and with a church, it sounds very specific. still, best to look at all your options before doing anything...

I don't like this one though "provide us with an indication of the extent of your use, so that our clients can access their damages" might be just a scare tactic, but if you decide to hand over the name I'd make it on condition they don't go for damages...

 

[poulos]

3: provide us with an indication of the extent of your use, so that our clients can access their damages; andthis sound like BS
dont transfer the domain yet,

 

[TheLegendaryJP]

I already advised him that any agreement to hand over the name would be conditional upon them both agreeing no further action of any sort would be taken/on either side to sound fair.

 

[nafti]

Yes JP,

Thanks again for the advise. I may just transfer it over after receiving a written letter from the lawyer that no further action will be taken.

If he refuses to go by this than I will fight it. Again, I have nothing lose. I mean the most they can do to me is kill me and with this certain Church, that could be possible. :bounce:

 

[Brett Lewis]

This is not "legal" advice, but you could start your own church and declare yourself a prophet. When the process server comes, you could summon a swarm of locusts or call upon your minions to dispatch of him. If that doesn't work, you could always just give the name back, seeing as how it is trademarked.

Best,
Brett

 

[whitebark]

Wow NAfti, sorry to hear. I've got a slew of denomination church type domains as well, and was thinking of grabbing some more, but I may give that a rethink now.

 

[nafti]

This is not "legal" advice, but you could start your own church and declare yourself a prophet. When the process server comes, you could summon a swarm of locusts or call upon your minions to dispatch of him. If that doesn't work, you could always just give the name back, seeing as how it is trademarked.

Best,
Brett

LOL Great advice. I could be the prophet "Eldreddamous". :bounce:

Yeah Roy/Whitebark, I think that most religious names are safe but this "church" in particular is not. I don't know how much he/she paid for the lawyer but I would have sold it back to them for less. Either way. It's ashame that sometimes people have more money than brains!

 

[Theo]

Tell them you are seriously considering to become muslim; wait for their reaction.

 

[Dale Hubbard]

You may find this very useful:

http://www.dnforum.com/showthread.php?t=179306&highlight=letter

 

[Dave Zan]

Tell them you are seriously considering to become muslim; wait for their reaction.

Better yet, tell 'em you are muslim.

 

[flybuzz]

You may find this very useful:

http://www.dnforum.com/showthread.php?t=179306&highlight=letter

Is this posting for exclusives only? :attention:

 

[typist]

This is not "legal" advice, but you could start your own church and declare yourself a prophet. When the process server comes, you could summon a swarm of locusts or call upon your minions to dispatch of him.

I'll join that church right away. As soon as there's enough of us, we can get government subsidies for our congregation. To provide food for the locusts.

 

[DNQuest.com]

I don't know how much he/she paid for the lawyer but I would have sold it back to them for less. Either way. It's ashame that sometimes people have more money than brains!

Gonna play "devil's advocate" with this sentence here, (so don't take this as being a serious remark on my part...)

It's a shame us good domainers are associated with the underbelly of slime domainers who register TMs just to sell them to the TM holder at a profit. it's a shame some people want to illegally attain money and have no morals....

Advocate done

 

[Rockefeller]

Gonna play "devil's advocate" with this sentence here, (so don't take this as being a serious remark on my part...)

It's a shame us good domainers are associated with the underbelly of slime domainers who register TMs just to sell them to the TM holder at a profit. it's a shame some people want to illegally attain money and have no morals....

Advocate done

Thanks for your input....