Legal threat from a tourist board!

[Hal]

We are te technical contact for the tourism board of the xxxxxxxxxxxxxxxxxxxxxxx.

We offer to pay your annual fees that have already been made for the domain xxxxx.com.
we ask you to hand over the domain to the rightful owners - xxxxxxxxxxx Tourism Board.
They heavily rely on the domain that represent them in the internet and to be found by visitors from all over the world.
Before they will involve lawyers, we ask you to transfer the domain in a friendly manner.

This domain is the name of a picturesque looking Alpine town, and was acquired on the drop.

As I understand it, previous owners of a domain do not have any legal rights, especially if there is no trademark. Also even New Zealand failed in their attempt to wrestle control of newzealand.com.

Does their rude and arrogant email even warrant a reply?

Any info or advice would be much appreciated.

Thanks in advance,

Hal

 

[olebean]

Not really

Then again you could just reply I acknowledge the contents of the email, if you don't it may look bad..

 

[PRED]

Hi Hal,
i disagree, don't answer the email. F*ck 'em.
At the end of the day, for all you know it's spam & you are entitled to treat it as such.
I think it's J.Berryman who is the man on the issues here. He is a member, he will give some advice .
As far as i know, they have zero rights. As mentioned before on this forum, if google.com dropped, it's yours, very simple really.
Also you can't trademark a place.
'If' you are going to respond, get some advice first. Then simply advise them if you receive any unwarranted emails you will report them for spamming, report the employee directly to the employers as you doubt they would represent themselves so badly. Thirdly advise them to do some research.
ie:
dnjournal sales:
paraguay.com
uruguay.com
tunisia.com
etc etc
None owns a place. Not the Government, not the people. certainly not some poxy tourist board. I'm pissed off for you.
After you've done all the above, say you would consider a fair offer via sedo, but reserve the right to refuse them if they continue in this unlawful approach, after all, YOU are the LEGAL owner!
Good Luck,
Keep us posted,
Pred
nb: you could also mention to them that it is interesting that it is the technical dept. who are contacting you. just the people who should have maintained the registration. & basically screwed up. Basically they are just getting themselves in hotter water with their management as they will be hearing from YOU!
Cheers, Pred

 

[ColdGin]

Ask them money...

 

[olebean]

Pred

Do keep in mind that different countries have different rules..

You know full well in the UK not answering wouldn't go down positively.. There is even one domain owner who had his domain pulled by a PPC company just over the last week week with a similar complaint

 

[PRED]

Hi olebean,
i know this is your area dude, but this is a .com we're talking about.
Also it's a geographical location. Armed with that, there's naff all they can do.
If i have a tm or something i will give back, or better still not reg.
They are blatantly taking the piss here. Sometimes you need a little caution as i mentioned, get some info, then hit back.
They would be getting the Predator's wrath.
Nominet as we know are spineless bitches but this is something else.
Plus past cases prove it. You should know olebean! LOL
With your drs knowledge & the New Zealand case!
cheers,
Pred :thumb:
nb: worth pming J.Berryman though..don't you think?

 

[olebean]

Hi olebean,
i know this is your area dude, but this is a .com we're talking about.
Also it's a geographical location. Armed with that, there's naff all they can do.
If i have a tm or something i will give back, or better still not reg.
They are blatantly taking the piss here. Sometimes you need a little caution as i mentioned, get some info, then hit back.
They would be getting the Predator's wrath.
Nominet as we know are spineless bitches but this is something else.
Plus past cases prove it. You should know olebean! LOL
With your drs knowledge & the New Zealand case!
cheers,
Pred :thumb:
nb: worth pming J.Berryman though..don't you think?

Pred

I don't disagree that they maybe talking the piss (not all facts known), thats why i suggested acknowledging it. In some ways you are politely telling them to sód off

I agree, pm J.Berryman

 

[izoot]

Hi Hal,
I think it's J.Berryman who is the man on the issues here. He is a member, he will give some advice

Just a note ... its John Berryhill. And if you value this domain ... definatly get legal consultation from a professional before you reply. Nothing is ever set in stone.

 

[PRED]

True enough Izoot, good advice. Yes, Berryhill, he's online now, i don't think Hal is though.
Seems to be more & more companies/organisations not willing to buy , just threaten.
Cheers, Pred :ranger:

 

[olebean]

True enough Izoot, good advice. Yes, Berryhill, he's online now, i don't think Hal is though.
Seems to be more & more companies/organisations not willing to buy , just threaten.
Cheers, Pred :ranger:

It is the cheaper option lol :becky:

 

[PRED]

:eyebrows:

 

[Hal]

Thanks for the support guys.

I thought it prudent to do some research before replying.

Predator, you seem angrier than me about this. I am currently reading Goldsmith's biography and your energy and wrath draws parallels. I would feel sorry for anybody that crosses your path!

It is disgusting that people like this think they can trample over the rights of someone else just by uttering the L word.
I consider a diplomatic but stern reply to be in order. I just want to formulate it correctly. As Olebean said it would look bad to totally ignore the email.

Olebean, can you provide more info about the similar complaint?

I should have also been more accurate. The "email" came from the parking sponsor's enquiry form, so not sure if I can accuse them of spam.

Going to try and contact John Berryhill right now.

 

[PRED]

Hal,
good luck son! Nb: Pred's calmer now!
I've got it sussed, if i get stressed, i just visit ravenriley.com
It seems to work wonders. :wacko:
cheers, Pred :heh:

 

[dolansco]

I've got it sussed, if i get stressed, i just visit ravenriley.com

Thanks Pred .... its workin for me too

now where is that tissue ?

 

[olebean]

Hal, Ive sent some details

 

[labrocca]

As mentioned before on this forum, if google.com dropped, it's yours, very simple really.

That's just not true. It also has nothing to do with the current discussion of a place domain. The New Zealand ruling gives precedent and gives you something to send back to them. I would send them a PDF of the WIPO ruling for that domain and insist that you have no intention of handing the name over to them. Insist you have legal rights to use the name.

 

[Theo]

Alpine town eh...ask for a year of weekends at a luxurious salet, free food and wine and a couple of buxom Swedish ladies (because Swiss ladies aren't that nice-looking).

 

[DaddyHalbucks]

Hiya Hal,

Geographical place names are generally not protectable under US trademark law. Dunno about EU law.

Nor does ICANN policy protect geographical places.

Search Google for "barcelona.com." That was a big dispute too.

 

[Deleted member 5660]

http://www.wipo.int/amc/en/domains/search/overview/index.html#15

 

[italiandragon]

if the town is in Italy you can relax......no one from Italy will even bother to understand WIPO rules.