Agressive Marketing or Scamming...You decide

[Biggie]

Hi All

Got this email today:
------------------------------
Dear Sir or Madam,

Please forward this email to the appropriate dept.

This is auditing department of China Network domain name registration ,a branch of Kingsan Technology Development Ltd. We are the professional organization for network service. On DEC 1, 2008, we received an online registration application for “urlpick” domain names .cn and .com.cn and Internet Keyword from an investment company named SNOW. However, after investigation,we found that this is conflict with your company`s domain name and keyword. We find out your company use “urlpick” frequently

According to the registration principle in China,we will verify every application of our clients in order to avoid conflict of intellectual property, so we notify you. We need to confirm whether their registration will be conflict to you. Or you have any objection to SNOW`s application. The auditing period is limited,so please ask the responsible person to contact us as soon as possible.

Best Regards

2008-12-02

Kobe Cao

Auditing department:
Kingsan Technology Development Ltd.
Tel: +86-21-6460 7259
+86-21-6460 7329
Fax:+86-21-5437 9716
Email:[email protected]
Websitie:www.kingsan.org.cn
-----------------------------

so before responding i "G'd" it up and came across this link where it seems a variation of these emails have been sent.

if interested view here:

http://texturbation.com/blog/?p=343#comment-91285

 

[exxe]

It's an old technique see http://www.dnforum.com/f78/if-you-m...-price-800-usd-thread-334770.html#post1590101

 

[Jack Gordon]

Is this the same China that is the movie pirating capitol of the world?

Or the one that uses lead in baby toys to save 7 cents?

Or the one that clamps down on free expression by its own population?

I highly doubt it is their official policy or "registration principle" to protect your domaining rights. They are trying to sell you your own domains in their extension.

 

[Jonathan]

It's a scam, but a smart one for sure.

 

[Argo]

Our Standard answer to these guys is as follows:

Dear Sir,

Unfortunately, you are wrong in your assumption, that domain names are / cannot be protected by trademark law, they are considered "Intellectual Property Rights" and cannot be copied or used by any other individual. We have won several costly court cases in this direction with people / entities from overseas, that have tried to use other .org - .us - .gr etc. Just because we do not have a .cn domain does not mean that our web domain name, in this case (name deleted) is not protected. Our web keywords include (name deleted) and they may not be copied either.

For example. Issue of reclaiming domain name is another source of domain name dispute. If a party discovers that any other party has used its domain name, it may take up legal action against the alleged party for the crime of violating the laws of the web. This is from the laws of copyrighting domain names with which we have won successfully and profitably cases against companies / entities that have tried to use our web name This law applies even in China !

This is a short excerpt from ICANN
Protection of Rights of Others at the Top Level (.com domains)
ICANN is implementing an objection-based process pursuant to which rights holders can assert that proposed gTLD strings would infringe their legal rights. This process should discourage entities from applying for gTLD strings that obviously would violate intellectual property rights of others. A .cn domain name is in this case gTLD.

As I said in my previous email I suggest you inform your client of the dangerous path he / they are walking, as in the end if you do not do this and it comes to court, as it will, there would of course be a regression case against your company as registrant entity, both by us and also your client, who you did not inform.

Sincerely

Usually shuts them up :smilewinkgrin:

 

[Sonny Banks]

Is this the same China that is the movie pirating capitol of the world?

Or the one that uses lead in baby toys to save 7 cents?

Or the one that clamps down on free expression by its own population?

I highly doubt it is their official policy or "registration principle" to protect your domaining rights. They are trying to sell you your own domains in their extension.

Yeah is the same f...... China.
This is scam/squatting.

Our Standard answer to these guys is as follows:

Dear Sir,

Unfortunately, you are wrong in your assumption, that domain names are / cannot be protected by trademark law, they are considered "Intellectual Property Rights" and cannot be copied or used by any other individual. We have won several costly court cases in this direction with people / entities from overseas, that have tried to use other .org - .us - .gr etc. Just because we do not have a .cn domain does not mean that our web domain name, in this case (name deleted) is not protected. Our web keywords include (name deleted) and they may not be copied either.

For example. Issue of reclaiming domain name is another source of domain name dispute. If a party discovers that any other party has used its domain name, it may take up legal action against the alleged party for the crime of violating the laws of the web. This is from the laws of copyrighting domain names with which we have won successfully and profitably cases against companies / entities that have tried to use our web name This law applies even in China !

This is a short excerpt from ICANN
Protection of Rights of Others at the Top Level (.com domains)
ICANN is implementing an objection-based process pursuant to which rights holders can assert that proposed gTLD strings would infringe their legal rights. This process should discourage entities from applying for gTLD strings that obviously would violate intellectual property rights of others. A .cn domain name is in this case gTLD.

As I said in my previous email I suggest you inform your client of the dangerous path he / they are walking, as in the end if you do not do this and it comes to court, as it will, there would of course be a regression case against your company as registrant entity, both by us and also your client, who you did not inform.

Sincerely

Usually shuts them up :smilewinkgrin:

 

[Theo]

Welcome aboard, Argo. My regards to Jason and the other Argonauts

 

[Argo]

Many thanks and I'll pass on your regards :smilewinkgrin: