forlowfare.com - 4lowfare.com

[dkny]

My client just registered a domain FowLowFare.com from a drop. ForLowFare.info was in LR2, and the status is 'HOLD'.

Yesterday, she received an unofficial C&D e-mail from 4lowfare.com threatening her to transfer the domain to him for $50. the register trademark is "4LOWFARE.COM"

4lowfare.com owns .net, .org, .info and .biz. It also own forlowfare.net, forlowfare.org, forlowfare.biz. ForLowFare.INFO is belong to someone else from LR2 as mention above.

How likely will she lose the name if the guy want to file domain dispute? He said it's confusing similar to 4LowFare.com trademark. Is it confusing? Any similar case? Thank you for any advice.

 

[dkny]

His e-mail
------------------------
Dear Sir or Madam:
We believe that you recently registered FORLOWFARE.COM as a domain
name.
This domain name is confusingly similar to our registered trademark
4LOWFARE.COM. Thus, by registering this domain name, you are in
violation of
your registration agreement with your registrar and ICANN and violate
our
rights under international law and the laws of the United States of
America.

As a good faith gesture, we are willing to make you an offer of US
Dollars
Fifty only to reimburse you for the costs of registration of this
domain
name if you will transfer control of this domain FORLOWFARE.COM to us
immediately. If you do not cooperate with us, we will use all means
allowed
including but not limited to legal recourse to enforce our rights as
applicable under the laws governing trademarks and domain names.

Please respond within 48 hours of receipt of this electronic
communication.

4LOWFARE.COM Inc.

xxxx xxxx
President

 

[IPatlas]

For this type of case, luckily we have some awesome TM attorneys who come to this forum. It would be to your best interest to contact one of them before you send any correspondence to this email.

This is because of the type of solicitation they are making. Their offer is low and the names are very similar. So you have a dilemma and an economic decision to make. As you probably know, registering a questionable TM domain with intent to sell it will be seen as "bad faith".


I would like to quote one of our TM attorneys from another post on this board. They are all awesome, but this quote saiz it all:


.."it is an economic decision whether you fight them or not, but I NEVER suggest that you give them the domain on a silver platter. You should always cover your costs, at least (unless it is an obvious TM infringement)."

__________________
SOURCE of quote: Howard Neu, Esq.