Need help with this legal letter

[wyang76]

Hi,

I am the owner of www.petsuperpages.com.

I received this letter from Verizon.

I have never done anything with the website since I've registered it. It's in a park mode with GoDaddy. The letter is intimidating and I can't afford an attorney. I'd rather not give into corporate threats.

Can anyone tell me if I'm obligated to hand over my domain name?

What if I just ignore Verizon's request.
thanks.

Letter goes like this:

Dear Mr. XXXX,

Re: PETSUPERPAGES.COM Domain Name

We write regarding our letters dated December 22, 2005, to which you have failed to respond.

In our previous letters, we informed you that Verizon Directories Corp. ("Verizon") is the owner of the marks SUPERPAGES and SUPERPAGES.COM. Our previous letters also expressed our concern that your registration and use of the PETSUPERPAGES.COM domain name is bound to divert Internet traffic away from Verizon's web site, and to lead consumers attempting to reach Verizon's SUPERPAGES.COM web site to believe, erroneously, that the PETSUPERPAGES.COM web site is provided, sponsored, or approved by Verizon, or that you are somehow affiliated with Verizon.

It appears that you continue to use the PETSUPERPAGES.COM domain name as an Internet portal. Such use constitutes a direct violation of the Lanham Act and applicable state statutes and common law. See Lanham Act, 15 U.S.C , 1114, 1125(a), 1125(c), 1125(d). Accordingly, Verizon requests, again, that you promptly transfer the domain name registration for PETSUPERPAGES.COM to Verizon. Please advise in writing no later than April 21, 2006 that you have ceased all such use, and that you will promptly transfer the domain name registration.

Please be advised that, while Verizon continues to prefer to resolve this matter expeditiously and amicably, Verizon fully intends to take all steps necessary to protect its rights. Unless you advise us in writing by April 21, 2006 that you agree to transfer registration of PETSUPERPAGES.COM domain name to Verizon, then Verizon may bring legal action to require transfer of the domain name to it, including an in rem action against the domain name under Section 43(d)(2)(A) of the Lanham Act, 15 U.S.C., 1125 (d)(2)(a).

Sincerely,

Hope XXXXX

 

[jdk]

For one I would remove your domain name from the post or space it out. Search engines cache these forums and you don't want Verizon doing a search finding this thread.

They mention previous letters. Were they all sent in the mail via certified mail or email? If it is an email I would delete it. You can always deny you never received their email.

They do have a valid TM. Check http://tess2.uspto.gov/bin/showfield?f=doc&state=jq6p09.2.4

Serial # for the TM is 75675737

I would hand the name over.

 

[wyang76]

JDK,

thanks for your input.

Am I really entitled to handing over the name. The domain has been parked and I have not even touched it or worked on any website.

Couldn't I use the domain name to create a pet comic strip? Would I really be violating their trademark even though the intention of the domain is not for directory purposes?

Also, what are the negatives of posting this letter on here? I'm new to web domain and web developments.

I welcome feedback from anyone.

thanks.

 

[jdk]

I usually stay away from TM domains; therefore, my expertise is limited in this area. I am sure there will be other opinions posted here by others who have come across the same situation.

You still didn't answer my previous question. Did they "snail" mail you the letter or email?

 

[dealnoor]

beware some hacker also send these types of email to the users,so check the link and proper email id.

 

[wyang76]

They sent me a letter via regular mail as well as email. What would happen if I continue to ignore them?

 

[BidNo]

What would happen if I continue to ignore them?

No, don't go that route. Seriously, unless you've got money to spend and a good case to stand on, it'll be a lot less painful to cut your losses now. It was nice of them to offer an amicable settlement rather than immediately sending a C&D.

Cheers,
Bidno

P.S. I am NOT a lawyer.

 

[wyang76]

I'm assuming C&D means ceast and desist. Shouldn't I wait for the C&D letter? What are the benfits in turning it over now vs. going to court.

Would I have to pay any fees if I lose in court?

 

[actnow]

Points to consider -

They will not go away.

They have deeper pockets than you.

They are a billion dollar company.

If they don't defend the trademark, it could be used against them.

They make millions of dollars per year from their "Super Pages" phone books.

They have a TM law firm on retainer. A whole legal dept internally with 100s of lawyers.

Since, you are in the U.S., they can sue you in U.S. Federal Court.

You probably have made only pennies from the domain.

It is a no-win situation for you.

What do you think you should do?

 

[DNQuest.com]

They mention previous letters. Were they all sent in the mail via certified mail or email? If it is an email I would delete it. You can always deny you never received their email.

False statement, emails can be tracked. As I have proven at another forum, I was able to track an email to a member, at what date/time, IP address and location. Never assume that an email has not been traced. I know I do it for ALL of my important emails. (I love it when my EX denies receiving my emails, and when we go to court, her credibility will be shot).

JDK,

thanks for your input.

Am I really entitled to handing over the name. The domain has been parked and I have not even touched it or worked on any website.

Couldn't I use the domain name to create a pet comic strip? Would I really be violating their trademark even though the intention of the domain is not for directory purposes?

Also, what are the negatives of posting this letter on here? I'm new to web domain and web developments.

I welcome feedback from anyone.

thanks.

When you register a domain name, you agree that the domain is quesiton is not TMed, it's the fine print with all registrars. That means you need to check to see if the name is TMed. If you register a TMed domain, then you need to establish your "rights" to the name. You did nothing with the domain by your own admission, so you had no plan for the domain, that means you have not had a "good faith" registration at the time of registration.

Anything you do now will look like an attempt to pass yourself off as legit. So make it into whatever you want, but their lawyers will have screen shots of usage at the time they contacted you.

 

[denny007]

False statement, emails can be tracked.

Send me pls an email to denny startseek com and let me know when I read it.

PS: I do not use Outlook or similar shite which sends confirmation of opening when requested by sender

 

[DNQuest.com]

I could send emails to 1000 people who don;t beleive me, or you can see on another forum that I did it. Or better yet.... I let my reputation speak for itself and you say, you know what, maybe he knows something that I don't.

 

[denny007]

I could send emails to 1000 people who don;t beleive me, or you can see on another forum that I did it. Or better yet.... I let my reputation speak for itself and you say, you know what, maybe he knows something that I don't.

I just know you would need a message from MY computer - thats where I read the messages. And my computer will NOT send you such notice.

What might be traceable (upon court order) from the POP server logs is that I downloaded the message. But I doubt someone keeps the POP server logs for too long. And I do not log POP on my server at all.

Eventhough - to download the message from the POP still does not mean delivery, as could have been filtered by local network/computer antispam filters.

You might have sometime traced some Outlookist, if have had allowed in setup to send a confirmation upon reading. Thats the only way and for some reason you think you are an expert on tracing receiving on emails.

You may describe, how you suppose this "tracing" of yours works. I bet $10K that you are NOT able to trace delivery to my email...

 

[jberryhill]

Thats the only way

No, it's not the only way, and there are ways that have nothing to do with the 'receipt' mechanism in Outlook.

But the relevant question for this thread is whether the poster above could have tripped an email bug, not whether you could.

 

[DNQuest.com]

You may describe, how you suppose this "tracing" of yours works. I bet $10K that you are NOT able to trace delivery to my email...

Again, ask yourself "maybe he knows something I don't" and keep in mind my reputation as a straight shooter with no BS.

See, I did this once and traced an email that was opened (and I published the results), then I had about 20 people saying to email them. I guess they needed their kicks to try to beat the system.