help!!!!

[domainiac4ever]

Okay guys, I know this should be in the legal section but I really need some of your thoughts:

I received a demand letter tonight with a pdf legal document. Basically, I'm in clear violation of their trademark and some other things:

"Trademark and Service Mark Infringement; Cyberquatting; Defamation; Rights of Publicity Infringement; Violation of Obscenity Laws"

I already took down the site (it had adult content). Do you think if I cooperate and transfer the name and do whatever they want, that that might just be all? That I just lose the name?

Or is it likely I'll have to pay their legal fees, my legal fees, or possibly face jail? I'm really terrified right now.

 

[ohkus]

So....I'm guessing you put up a porn site to try and goad them to buying the domain? Now they hired lawyers and you are scared, are we pretty clear here?

 

[domainiac4ever]

No. The purpose of the site was to make money off the advertisements I placed on it. The adult content happened to be amusing, so people told their friends and the more traffic it got, there was more of a chance to make money with Adult Friend Finder every month. I didn't expect to sell the domain to them ever.

 

[ohkus]

Well without knowing the domain and any trademarks involved I don't think anyone can give you good advice.

 

[Pluto459]

this is too funny

 

[rebirth]

Relax, mate. You're exaggerating things.

You won't pay any fees, or face jail time. Just give the bloody domain to them. That'll rest the case. Disclaimer: I don't own any TM names and I'm not a lawyer.

 

[domainiac4ever]

Thanks seminarist. I think so too. I've always known I could lose the domain, but when they started talking about monetary damages and defamation, well, I really panicked.

They are giving myself, my registrar, and my webhost 3 business days to "meet their demands" and accomplish what they want done.

The only thing I have to do I think is sign a domain name transfer agreement, but there are two blank spaces for my account number and password... which I find odd. I'm asking them about that.

They shouldn't need that information, should they? I've transferred a couple domains before, and I don't recall ever needing to provide such private information to get a transfer done.

 

[MAllie]

You kidding?

 

[rebirth]

Password? They're asking your password?

Hmm, this could be a new way of scamming people... frightening people with foul legal threats to steal domains...

Careful there, mate.

If I were you, I won't reply their emails and keep the domain.

 

[Vinnee]

Do your research on the business entity, find the state they reside in for business. You'll find ways to determine they've inactive/active status. That's for starts. If it is clearly TM'd, determine if they're the rightful owner. The worst thing you could do is supply user access, furthermore, giving the domain to a company outside the US other than the rightful TM owner is a factor that needs more due diligence.

 

[domainiac4ever]

It's definitely not a scam. It can't be - the legal letters are from a legit "showbiz" law firm. The people suing me are kind of famous.

The only reference to this Domain Name Registration Agreement is:
"Within three (3) business days after the first attempted delivery of this letter, sign and date the enclosed Domain Name Registration Transfer Agreement, cause Registrant to do the same and deliver them to the undersigned by email and overnight delivery of the originals"

Here's a screenshot of the agreement's wording... sorry for all the blacked out stuff, but I don't think it's wise to reveal the domain name here:

 

[draggar]

DO NOT GIVE THEM YOUR LOGIN AND PASSWORD. it is the equivalent of giving someone your login and password to your online banking account.

Scam or not they should know better. Do some research - find out if their TM claims are legit (if the domain isn't worth anything to you, then I wouldn't sweat too much over it). Research where the letter came from etc.

If you decide to surrender the domain, unlock it with your registrar (TuCows) and send them the authorization code.

I had a domain, a hyphenated .com of a baseball team (city-teamname.com) and got stupid and parked it to test traffic before I threw up a forum (I should have just kept it pointed to the rival team's website). 2 days later I had a C&D from MLB (Major League Baseball) insisting that I transfer the domain. Throughout the transaction I remained professional to them (I knew the letters were legit and knew I didn't have a chance in keeping the domain). They gave me the information I needed to push the domain to their GoDaddy account. After that the case was closed.

Edit: As for the login and password. Explain to them that you do not feel comfortable giving them this information but you will gladly either initiate a push to their account (if TuCows allows this) or will give them the authorization code and unlock the domain. Many people think that no one else knows how to push a domain so they think this is the simplest way. If you give them your login and password then they can take every single domain you have with TuCows (and maybe other registrars if you use the same or similar passwords with them).
I even asked them for a fan pack for the rival's team (I'm a big fan of the rival team) and they just ignored my request.

 

[domainiac4ever]

Thanks draggar - and sorry to hear about your domain!

Attached to the demand letter was a copy of the their record with the Trademark Electronic Search System. Besides the trademark alone, I'm pretty sure I don't have a case. The domain is valuable since it makes me monthly earnings... but I'm ok with losing it if that's all that I lose. It sucks, but it's my own fault

I am able to "push" my domain into a new profile that will create a new login/password... I might just do that. That way, even if I provide the pass, they wonn't have access to MY account or my other domains.

 

[George Verdugo]

i would'nt give them NOTHING!!!!!

 

[domaingenius]

You might as well ask them for some cash even if they say
get lost. Stand firm and see what happens. Worst that can
happen is jail time, lol.

DG

 

[ohkus]

Can you let us know the domain? Just because it is supposedly on legal letterhead doesn't mean it was legit. How was this sent via mail or email?

 

[fatter]

I am not a lawyer and you should get legal advice, Just a few points If it is a name geared towards children and you had a simalir confusing name pointed to a porn site then criminal proceedings could take place, also if it is a US business seeking damages against a US resident then the award could be as high as 100k plus legal fees, so if it is a clear TM violation signing over the name with a commitment they wont seek any further damages might be a way to go, but legal advice from a lawyer would be best.

 

[domainiac4ever]

I faxed the Domain Name Transfer Agreement to them.

Prior to that, this is what their lawyer said:

"Once the domain name transfer is complete, your infringing activities will cease with respect to the domain name "(EDITED)," which will eliminate whatever liability and potential liability would have resulted if you had instead continued those activities.

There's no way to reverse the damage and potential third party liability that your actions may have already created, so we must protect our client by continuing to reserve our client's rights."

The last part worries me a little bit... but from what I'm hearing from other people, they probably will be happy that they got the domain and leave it at that. Time will tell. What's the statute of limitations for that anyway?

 

[ohkus]

wow....you are silly.....do you have any nice names......i have some legal letter head laying around here somewhere....

 

[Coldforce]

well, just saw this thread
http://www.dnforum.com/f557/common-wipo-take-away-lll-coms-thread-342115.html#post1616115

hope you are not losing to much transferring the domain for free, but after all the "horror" stories heard about such situations, i would not doubt transferring it........
(have in mind that i havent got a domain of such value)

GOOD LUCK ANYWAYS!