please help me with your thoughts.

[sealover]

I god a C&D letter from some representative of the mother site of my typo.
The firts one was in january and now I get one saying that tomorrow is a the deadline for me to delete the domain.
The site makes a nice income and is like TMtypo.com , I know there similar sites like this with no problem.
The letter contains a threat that I will pay a certain amount if I don't comply.
The site is with a foreign extension so not in my country, and I don't think I will go to any hearing or smth like that.
I want to know what are the changes of me keeping the domain if I don't respond and what could be the charges if I don't respond?
My current registrar is a well-known site and I think they should delete it if they consider.
so, what should you think is best to do?

 

[DNGeeks]

First of all it's not up to the registrar. They won't delete the domain if they get a nasty letter.

There are a number of avenues the TM holder can persue. From WIPO to a court proceeding. It depends on how much they want to spend.

How can you say though that there are "similar sites like this with no problem"? If you're infringing upon someone's trademark of course there is a problem. It just hasn't come up yet.

What could you be forced to pay? If it goes to WIPO that won't cost you anything. However they could take you to court instead and state that you infringed upon and gained from their trademark and they could sue for damages and/or costs.

You won't pay a certain amount if you don't comply with their wishes. Any amount you do pay would be dependant upon a court decision which could be more or less than the letter states.

Finally, a letter is just a letter. It doesn't mean much more than a threat and a chance for everyone to resolve their issues before legal proceedings begin.

What do you need to do? You need to hire a competant IP attourney and obtain their legal advice. The information in my post is conjecture and not legal advice. You can also take a look at the previous posts in the legal forum here to see what other people have done. Also take a look at previous WIPO decisions and see what has transpired in the past.

Lastly, some people have won WIPO proceedings even when they chose not to respond. Many have lost as well. But if you're using their TM for gain then odds are you'll lose.

 

[DNQuest.com]

Typo domains of TMs have long been considered in violation of TM law. It is commonly known as typosquatting. It is obvious you registered and maintain it in bad faith.

My thoughts, do as they ask. They could take you to WIPO and you lose the domain and you are pegged forever as a squatter. Depending on the situation, squatters may be liable for all monies earned and/or a penalty of $100,000.00. Since they sent you 2 notices, I do not think they are playing around.

 

[sealover]

ok, I am deleting it today, I guess you're right they don't mess around, and I don't want to lose everything I've earned so far.

 

[sealover]

I'm back with another issue regarding this post, I deleted the domain and recieved another e-mail informing me that they recognized the deletion and that the legal firm that sent me e-mails wants me to pay a fee, a quite large amount of money.
Why do I have to pay this fee, is they were not hired by me and I didn't benefit of their services?
They have a statement with my info on it, if I don't respond to it what can they do?
can they sue me in my country for not paying them or what?(I need professional advise now)
thanks!

 

[fab]

I would first check to see if they have a registered trademark, and find out what the law is in your country regarding those issues, as well as whether they have any local company branch in your country.

Secondly, I would try bargaining with them, i.e., telling them that you did everything they asked you to do to begin with out of good will.

Thirdly, don't admit to being guilty, and don't show that your trying to squeeze them out of money.

I tried these tactics, and it worked for me. They then became good friends with me, and asked if we could do business in the future.

Finally, everything I mentioned previously, like others have mentioned, is my personal advice, not taking any responsibility, and not professional legal advice.

 

[Theo]

Seek PROFESSIONAL LEGAL ADVICE immediately.

 

[sealover]

thanks you fab for suggestions, I can tell you that I also got a postal mail today with the same request as my e-mail. The law firm is real as I see, it has a internet adress, direct-phone and personal lawyer, it's located in gemany and doesn't have a local branch in my country. I have no idea on my local laws.
As far as I consider for those 2 e-mail they sent me I can't accept paying a XXX$ sum, I'm sure nobody would...
I don't have any contract with them and If I immediately cooperated I can't understand why the want this sum, and why don't they ask the company that one to pay them?
Is there anyone here who had the same problem?
I would like to here more experiences, please.

 

[mike031]

i don't think this "big companies" are interested in befriending anybody.

had you settled it prompty and "in good faith" you probably would of been let of the hook the next day, but unfortunately that wasnt the case....sucks. this lawyers usually get what they want, one way or another.