Help needed

stuff · Apr 9, 2003

Hello

I registere some days ago domain that is trademarked, I cheked today taht is two words name:

Now today someone contacted me:
"Dear_Sir(s)
It_seems_you_have_registered_a_domain_name_that_infringes_on_our_trade_mark_grime_eater
We_will_begin_legal_action_unless_we_receive_your_response.
Without_Prejudice"

I responded

" I will ask my attorneys and asked what they wan`t to do"

They respended:
"
Please_provide_
domain_registrar
usernsame_and_password_so_we_may_regain_control_of_domain_name
Otherwise_our_legal_fee_to_you_will_be_$2000.00_US_for_infringement.
Without_Prejudice"

My question is, how will I know that this are the same people who own the trademark, they use aol.com free email service!
And do I have to pay the fee $2000?

GeorgeK · Apr 9, 2003

There are a lot of scammers out there that will send out phony letters like that, to try to get names they lost on a drop.

If they don't have a website, telephone number, or other simple facts in their email to legitimize their requests and prove identity, I'd delete it, or ask for which TM they have, etc.

stuff · Apr 9, 2003

No they sent me

"You_can_see_our_registered_trademark

http://www.nameprotect.com/cgi-bin/FREESearch/detail.cgi?action=detail&db=PTO&detail_id=74577709

Your_reply_to_our_previus_email_must_reach_us_before_3:00_PM_Canadian_time,_otherwise_we_will_file_legal_action"

PS! The name is grimeeater.com
What should I do?

GeorgeK · Apr 9, 2003

According to Overture, it seems to not get much traffic, and they do have a TM on it.......so probably not something worth fighting for. Perhaps ask to be reimbursed for your costs associated with the domain, and then forget about it?

stuff · Apr 9, 2003

Originally posted by GeorgeK
According to Overture, it seems to not get much traffic, and they do have a TM on it.......so probably not something worth fighting for. Perhaps ask to be reimbursed for your costs associated with the domain, and then forget about it?

Yes I think also so, but how will I know that this is the same guy who has trademark?

jberryhill · Apr 9, 2003

Yeah, and you can see my website at www.yahoo.com, since I own Yahoo.

Last week, I bought Microsoft, too. You can see that website at www.microsoft.com.

"3 PM Canadian Time"? Ummm.... Canada spans several time zones. You are corresponding with an idiot.

You have absolutely no idea with whom you are corresponding.

GeorgeK · Apr 9, 2003

Are they typing those emails with all those underscores, too? Very odd.

stuff · Apr 9, 2003

Originally posted by GeorgeK
Are they typing those emails with all those underscores, too? Very odd.

No, Thats some kind error, if I copy from my mail program

But I would not have any problem giving it back, if I would know thats the real trademark owner, I really don`t know what to do? But If they sue me, do I have to pay anything? If I will not defend myself, ?

Zoobar · Apr 9, 2003

Personally, I think they are full of shite.

A real attorney knows he can't bill you for taking action against you.

I don't understand why anyone would respond to anything "legal" that arrives by email.

stuff · Apr 9, 2003

Originally posted by Zoobar
Personally, I think they are full of shite.

A real attorney knows he can't bill you for taking action against you.

I don't understand why anyone would respond to anything "legal" that arrives by email.

Ok, I think I will not replay to his email`s anymore, will see what happens.

doughhead · Apr 9, 2003

The trademark is

"GRIME EATER" not "GRIMEEATER"

note the space....

stuff are you Canadian as mark is registered in Canada....

stuff · Apr 9, 2003

And it`S getting really weird, someone from another email contatced me

"Att: Gunther. You have a domain name that was ours. Please email me in regards to selling it.

Mel H...... "

What? I don`t get it anymore,?

stuff · Apr 9, 2003

Originally posted by doughhead

stuff are you Canadian as mark is registered in Canada....

No

namedropper · Apr 9, 2003

Originally posted by doughhead
The trademark is
"GRIME EATER" not "GRIMEEATER"
note the space....

Time for a badly-needed pop quiz:

The trademark having no space makes absolutely no difference, because:
A) Space or no space, dash or no dash, it's still confusingly similar to the trademark.
B) Domain names CAN'T HAVE SPACES so the lack of space is functionally equivalent to having a space.
C) You can't reasonably parse GRIMEEATER into meaningful words or phrases that end up as anything but GRIME EATER.
D) All of the above.

stuff are you Canadian as mark is registered in Canada....

Which also isn't all that important when it comes to domain name disputes by itself.

Basically if I were "stuff" I'd ask what these people were willing to pay. If they want to talk trademarks I'd ask their lawyer to send a written notice to the address in the whois record with whatever real legal proof they have of a trademark and that they are the owners of the trademark, and calmly explain that any real lawyer would know that this is the only rational thing to do in a legitimate case. If someone isn't willing to do so, he obviously has no legal legs to stand on.