NationalRentalCars.com

[Momentum]

OK guys, just received a "cease and desist" from National Car Rental's lawyers about one of my domain names: NationalRentalCars.com.

I am debating whether I should contest this action (because I am currently making some money with the name) or just fold like a house of cards and hand over the domain name (no headaches).

On one hand I agree that the domain name is very similar to the company name (just switch "Car" with "Rental"), but they only have a trademark for "National Car Rental" and not "National Rental Cars". Am I just splitting hairs here?

I would appreciate comments from anybody experienced in these kind of dealings.

P.S. Just found this UDRP decision regarding nationalrentalcar.com back in 2001, see here: http://arbiter.wipo.int/domains/decisions/html/2000/d2000-1803.html
It doesn't look good for the home team (me)!

 

[VoxKeysGtr]

Keep it and fight!

Bleed them and make them pay their greedy lawyers huge fees to send you a bunch of stupid letters, and then sell it to them.

I don't know if that's a viable option for you, but it sure sounds like fun (NOT!).

Good luck!

 

[dotsofdomains]

First, you will lose the domain.

There are no hairs to be split here. The second level name is "confusingly similar" to National's trademark. Typo-squatting is infringement, as you have learned from reading one of the many Cupcake opinions. There are many--you've only scratched the surface.

Second, you have a few options (and variants of these):

(a)(1) If you have any (however remote) grounds to say that your infringement was innocent, then you MAY be able to negotiate some "out of pocket expenses" and a "cost of litigation" settlement from National in return for not making them go the the (modest) expense of a UDRP proceeding; but (2) If your portfolio includes other registrations confusingly similar to known trademarks, you can kiss this option good-bye. Your best case scenario in that event is to get your "out of pocket expenses"--namely you annual registration fees already paid and any transfer fees.

(b) You can fight or ignore a UDRP proceeding brought against you (which is a sure-fire loser for you), and have your (I hope, otherwise) good name associated with the likes of Cupcake and enjoy being cited in opinion after opinion as yet another example of a nasty cybersquatter. You'll pop up in a lot more google searches, but probably not in ways you would prefer.

(c) go quietly into that good night.

 

[fizz]

>>(c) go quietly into that good night.

LOL, wonder what Dylan would think of this dots?

Agree with dots that it's better to cut your losses before it gets out of hand.

 

[Bob]

I am with DotsOfDomains - You will lose.

I have been in this sitution before with a name I knew I was going to lose. I asked the attorney coming after me whether or not he would reimburse me for the registration fee. The key point that I made was that I would not profit from this and only recover my costs. After a back and forth of several emails, they agreed to do that.

You might be able to do that, however, if they balk at your request and take it further, you will most likely lose. They might consider reimbursing you the reg fee though inexcahnge for not going to court and paying $1500 for this suit. One bad thing against you though is I searched for "National Rental Car" in teh UDRPs and they have opened up several cases, so that are not afraid to spend the money.

Regardless, you need to address the issue and communicate with their lawyers.

If it were me, I would politely ask them if they would reimburse you the reg fees and say you would turn it over if they would be willing to do that. . .

Good Luck. Gotta hate those C&D letters. Been there done that three times. Even had a federal trademark infringement lawsuit opened against me in one. LOL

-Bob

 

[Nic]

Give it up ....
its a lose lose situtation

 

[Momentum]

Looks like I will hand this puppy over, stay out of the mud and live to fight another day. After seeing the UDRP decision for the singular version of this domain name, I think it is pretty much a no-win situation.

I prefer Alamo Rental Cars anyway!!

Thanks to all of you for your excellent input and opinions and your votes.

Best of luck on your next catch!

 

[mole]

lAlways make it a point to search USPTO first before you register any name. And if you can even remotely recall someone who already uses the name as a brand, then chances are you can be motivated by registering the name for potential profit-off.