C&D Received

DNWizardX9 · Dec 2, 2005

I got a C&D from X an ga because one of my sites that starts with X an ga and ends with hits provides free webstats for members with that service. We've been around for years and have over 500k members. We now use another name however the domain still redirects to us and they want us to transfer the domains .com/.net/.org over to them.

What can I do at this time? They claim that I am cybersquatting and also trying to make money from ppl thinking they are going to X an ga...

petertdavis · Dec 2, 2005

You can do whatever you want, the real question is what would you like the outcome to be and what action do you need to take in order to secure that outcome. It may be a good idea to discuss that with a lawyer with experience in trademark issues and domains.

DNWizardX9 · Dec 2, 2005

I don't want to give up the domains. Also the counters are mostly free with some signing up to premium... I don't want to put anything in the footer about the company either. I just want them to leave me alone basically. So anything x ang aPeople etc can't be regged? heh

Theo · Dec 3, 2005

Your definition of "been around for years" is in fact 2 years.
Xanga.com was registered in 1999.

Furthermore, they are registered trademarks, as seen at http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78231348 and http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78231362

This doesn't mean you can't fight it, it means they will fight back as well.

DNWizardX9 · Dec 3, 2005

we don't charge for counters and our old name before we changed our name to .......... was x an ga hits
there are thousands of myspace...........com domains that offer stuff
we are an established company and many ppl know about us

we are not competing but offering a counter service for their users and blogger users etc

jojoyohan · Dec 3, 2005

Make sure you have one of those "We are not affiliated with Company-X in any way" at the bottom. Should clear up all of that confusion. I would think that they really have no grouds to do so since places like payp alsucks.com is around with nothing happening.

URLtrader · Dec 4, 2005

I got similar letter for musicxanga.com and promptly deleted the domain.

URL Trader

DNWizardX9 · Dec 4, 2005

well they ain't getting mine so i guess i'll put a footer saying we aren't affiliated.

Kirkos · Dec 5, 2005

As seen on http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78231348 the filling date is 2003-03-28.

If your domain name is registered before 2003-03-28, you may have good chances.

If your domain name was registered after 2003-03-28, your chances are not so good.

P.S. Just an opinion, no legal advice.

DNWizardX9 · Dec 5, 2005

mine were regged in jan 2003 lol so now what (just the .com ;-( )

05-Nov-04 was for xanga hits.net

Kirkos · Dec 5, 2005

Jeff said:
mine were regged in jan 2003 lol so now what (just the .com ;-( )

This means that on the date you regged the domain name, there were no registered trademark, and you may argue that there is no Trademark Infringement and Dilution.

P.S. No legal advice, just my opinion.

DNWizardX9 · Dec 7, 2005

What should i reply to his letter with as I don't want to come across as narrow minded..... nor do i want to put myself on the hot seat an d make the situtation worse..

izoot · Dec 7, 2005

Contact one of our esteemed attornies and have them whip up a letter for you. Not very costly and it will be done right. If you value these domains its worth the investment and you won't risk stating something that is going to work against you. imho

DNQuest.com · Dec 8, 2005

Kirkos said:
As seen on http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78231348 the filling date is 2003-03-28.

If your domain name is registered before 2003-03-28, you may have good chances.

If your domain name was registered after 2003-03-28, your chances are not so good.

P.S. Just an opinion, no legal advice.

Sorry, I need to correct you on this, xanga has been around since 1999 and has a common law TM. They may not have for a REGISTERED mark until 2003, but they can prove they have been around before that time.

DNWizardX9 · Dec 9, 2005

how much do the lawyers charge usually for a quick reply to these letters

GT Web · Dec 9, 2005

why don't you ask Mr. Berryhill?

DNWizardX9 · Dec 9, 2005

I guess I will... we are actually a fan site of xanga (not officially) but xanga ppl know about us... i'm surprised they'd go after a fan site as a few years ago they even wanted to partner with us then talks stopped i guess when they became bigger. the old owner was smart by changing the name to coo l counters by the time i bought it but those x ang a ones still get traffic so i don't want to give them up.... also our counters are free and teh ads pay for server expenses.