C&d

[Jonathan]

Well, that's nice of them.

 

[furca]

Maybe I can make this into a business. Register like 500+ BULK names with "Google" in them and sell to google at $6.95 each.

Job Title: Cybersquatter Of Google

jk

 

[Domagon]

In my view, deleting the domain is the better course of action ... with that said, if transferring out it out to Google, change all the whois info, including DNS, to theirs prior to transfer - otherwise, your info could stay on the domain for ages; run the risk of another C&D.

Ron

 

[rawkinrich]

I really need to look into C&D's, basically if you give them the domain in which they are asking, you don't lose any money (apart from the reg fee) or get sued?

 

[iNV]

C&D is like a warning, or a threat that if you dont handover the domain or let it expire they will sue.

 

[jberryhill]

"C&D" is short for "cease and desist", as in "Please cease and desist from standing on my foot".

In typical lawyerese, two words are used for "stop".

Now, you might cease without desisting, but you can't desist without ceasing. I'd like to see a "cease or desist" letter sometime, just to have more options.

 

[rawkinrich]

Is it possible for someone to try and sue outright for using a copyright domain and skip the C&D?

 

[fab]

Is it possible for someone to try and sue outright for using a copyright domain and skip the C&D?

Well, I've been thtreatened recently with a civil law sute without getting any official letter. By telephone call alone.

 

[rawkinrich]

Well, I've been thtreatened recently with a civil law sute without getting any official letter. By telephone call alone.

So basically at this point you just say that they can take the domain resulting in no further proceedings?

 

[fab]

I don't know the actual legal implications, lets hope JB, can give some more detailed information.

 

[StockDoctor]

"C&D" is short for "cease and desist", as in "Please cease and desist from standing on my foot".

In typical lawyerese, two words are used for "stop".

Now, you might cease without desisting, but you can't desist without ceasing. I'd like to see a "cease or desist" letter sometime, just to have more options.

Now I like that explanation. I needed a chuckle.:laugh:

 

[DNQuest.com]

Is it possible for someone to try and sue outright for using a copyright domain and skip the C&D?

Absolutely, but it is not really common, unless they want to make an example of you...

But I think you mean a TMed domain.

 

[jberryhill]

uh, there's no requirement to send anyone a letter before filing suit. A c&d letter is just a letter saying, "you done us wrong, and you can do X, or we'll sue you". They don't have to sue you either. I guess I don't understand the big deal here.

 

[Blarian]

The Google Trademark Enforcement Team

The scary part is that this actually exists(probably.) Not like the average John Smith web hosting company that signs a threatening email "ABCD Web Hosting Legal Team", in this case it actually exists = give them what they ask for :approve:

 

[Bart]

they put that site up as a "joke".

"goegel" is the phonetic version of "google" in a local Dutch-dialect.
Same owner also has www.jagoe.be (also phonetic expression of "yahoo")

 

[fab]

uh, there's no requirement to send anyone a letter before filing suit. A c&d letter is just a letter saying, "you done us wrong, and you can do X, or we'll sue you". They don't have to sue you either. I guess I don't understand the big deal here.

The point was quite simple. If someone threatens you with a law suit, do I need to take it seriously even if I haven't received any official letter, in other words am I safe waiting until I get a letter, and what your saying is no your not safe, if one really thinks they will follow through with the law suit.

 

[jberryhill]

Right. You are never "safe" from someone who believes they have a reason to sue you, and there is nothing magic about sending a letter first. Whether or not you "need to take a threat seriously" depends on the legal merits of the threat, whether it comes by mail, email, carrier pigeon, smoke signals, whatever...

 

[fab]

Well got my letter today, after I sent an e-mail basically offering them the domain for costs plus minor expenses.

JB, I think your point of "someone who believes" is very important, since people like in my case will sue even if they have no case, like no TM and being generic. One big company does it all the time. The legal merits are only important if 1. it's worth fighting, time, lawyers fees, etc., value of domain 2. the probability of winning based upon those merits.

 

[DNQuest.com]

Well got my letter today, after I sent an e-mail basically offering them the domain for costs plus minor expenses.

JB, I think your point of "someone who believes" is very important, since people like in my case will sue even if they have no case, like no TM and being generic. One big company does it all the time. The legal merits are only important if 1. it's worth fighting, time, lawyers fees, etc., value of domain 2. the probability of winning based upon those merits.

And the merit of you trying to profit off the TMed domain doesn't bode well.... regardless of how you try to spin the "price".

 

[Paddy]

Can they make you pay for their legal fees in issuing the C&D (and/or any other costs)... if so, have there been many cases of it?