L-L.info cease and desist ??? HELP out a fellow domainer

[brindle123]

I got a cease and desist email about a L-L.info that I just bought in the aftermarket. Are L-L domains too generic for this to be an issue? I never heard of this company before and can find almost nothing when I do a search for them on the internet. How can I fight this company? They own several domain names around their trademark. The trademark is a word-L (word-letter) my domain is the first letter of the word and the letter used at the end of the trademark. I bought the domain without knowledge of this company and had no bad faith intentions. Do they have a case?
Thank you in advance.

 

[rentdn]

I don't think that they will be able to get that name word-L tradmark and L-L trademark , are completely different things

 

[Theo]

Do they own the .com?

 

[Gerry]

It would still be advisable to do a search on the TM and it's variations (often a company will have many TM's to cover their ASSets).

USTPO.gov

And follow Acro's advice. See what else is owned in domaindom.

 

[marcorandazza]

Are L-L domains too generic for this to be an issue?

Nothing is "too generic" to be an issue. A lot of it will come down to how the domain is used. An L-L.info domain has a lot better chance of survival of a legal challenge than other types of domains, but without more information, it is difficult to predict.

Big question -- Do you have the domain parked? If so, does the PPC page have ads that are keyed to the company's trademark?

 

[brindle123]

Nothing is "too generic" to be an issue. A lot of it will come down to how the domain is used. An L-L.info domain has a lot better chance of survival of a legal challenge than other types of domains, but without more information, it is difficult to predict.

Big question -- Do you have the domain parked? If so, does the PPC page have ads that are keyed to the company's trademark?

They only own the L-L.cc and L-L.name
I don't have the domain parked or for sale. I just bought it and got a letter like the day I got it into my account.

 

[Theo]

A C&D is a warning of pending use of legal "force", unless you comply to their demand. This does not mean that you have to comply, or that you cannot write back with your position on the subject. You can PM me the domain if you want, I can take a look at the actual facts.

 

[brindle123]

A C&D is a warning of pending use of legal "force", unless you comply to their demand. This does not mean that you have to comply, or that you cannot write back with your position on the subject. You can PM me the domain if you want, I can take a look at the actual facts.

I won't to pm you, but i'm not sure how much i want to give away at this point. i did alot or case readings and the udrp rules and policies. I'm very sure this is an attempt at reverse hijacking the domain by the previous owner. i know i could defend this case w/o a lawyer and win. if you think i can talk about the case with hurting myself, then i'll send you info, if you still want to look it over. thank you for the offer.

 

[brindle123]

I did some research on their company. They are trying to sell their trademark name on sedo in the .cn version.
I bet alot of domainers get cease and desist letters from people trying to steal their domains. I'm sure some domainers would rather turn the domain over if faced with a legal sounding letter that threatens them. We need something to fight this. The UDRP seems to be set-up only for complaints to be filed against the domain owner. Can we sue just on the grounds of a cease and desist letter if it is very apparent that it is a case of reverse domain hijacking??? I can't find anything on ICANN's site or in the UDRP. Does anyone know if we can at least file a complaint against a cease and desist?

 

[marcorandazza]

You *can* file a declaratory action. However, those cost money -- likely more than I would imagine would be practical for you to spend.

 

[Theo]

I did some research on their company. They are trying to sell their trademark name on sedo in the .cn version.
I bet alot of domainers get cease and desist letters from people trying to steal their domains. I'm sure some domainers would rather turn the domain over if faced with a legal sounding letter that threatens them. We need something to fight this. The UDRP seems to be set-up only for complaints to be filed against the domain owner. Can we sue just on the grounds of a cease and desist letter if it is very apparent that it is a case of reverse domain hijacking??? I can't find anything on ICANN's site or in the UDRP. Does anyone know if we can at least file a complaint against a cease and desist?

Are you sure you know what you're doing? No company would sell their domain/tm while at the same time sending out C&D letters to protect it.

 

[EnricoSchaefer]

Big question -- Do you have the domain parked? If so, does the PPC page have ads that are keyed to the company's trademark?

Domain name disputes are often complicated 'fact-intensive' issues. Mark is right that your use of the domain would be the first thing I would want to know. Did you register the domain before trademark rights were established by the threatening lawyer? If not and you are offering up PPC links to the trademark holder's competitors, you may have a problem even on a generic or descriptive domain.

 

[brindle123]

Are you sure you know what you're doing? No company would sell their domain/tm while at the same time sending out C&D letters to protect it.

That's what they were doing!!! I coundn't believe it either.
I have not got any response from them. I'm pretty sure I'm done withthem at this point. Thanks everyone for the help.

 

[dvdrip]

Maybe they were trying to get a larger offer by eliminating competition.