Ref: irishisle.com

[onnin]

Just received this email. What should I do? Any help will be appreciated

My name is David McLaughlin, and I am the owner of Irish Isle Bed and Breakfast in Chesapeake, VA.

When we went to register the Irish Isle web address, we found that you had already taken it, and are expecting to sell it for $1,000. This is approximately 50x more than you would have paid for it.

This in mind, after consultation, we feel that we have an excellent legal basis for a bad faith cybersquatting lawsuit under the "Anti-cybersquatting Consumer Protection Act" (ACPA) U.S.C. § 1125 and U.S.C. § 1129.

Please contact me immediately with any proof that you have a valid claim to the domain name, such as business registration, or to give me a vastly revised sale price in order to settle this matter.

I await your decision,

David McLaughlin
Irish Isle Bed and Breakfast
809 Washington Drive
Chesapeake, VA 23322
(757) 436-9540

 

[katherine]

You don't even have to justify yourself.
It's up to them to demonstrate they have trademark rights on that name, and that your domain registration is infringing on their rights.
Personally I don't like veiled threats in an attempt to drive the price down :yes:
Now some people are paranoid and think that if their choice of domain names is already taken it's because they were personally targeted :lol:

 

[Theo]

Point him to your "Does colon cleansing really work?" link in your signature

 

[Nick]

You don't need to answer him at all imo
Ireland is an island - I think Irish Isle is a generic term and he but not you contacting you first

Last summer I had a bit similar situation - but the other party had a registered trademark
If you interested maybe you can use some info from the discussion of the other party with a lawyer (I've found it by accident in network

http://www. savorthesuccess .com/discussion/1668 (please delete spaces). I don't want to provide a direct link.

Domain was: pink olive dot com

Nick

 

[Theo]

Just noticed the OP sells the domain for $950 and not $1k as the letter asserts. Which makes me wonder, what kind of moron from a well-off area such as Chesapeake Bay would not spend less than one grand on a domain matching their business. He probably got some free legal advice on the promise of paying thousands of dollars to chase it. I would change the price, if I were you to $10,000 and let them have it.

 

[PRED]

Point him to your "Does colon cleansing really work?" link in your signature

ROFL!

b&b owner lol

refer him to this
http://domainnamewire.com/2010/08/25/virtualexpo-com-virtually-reverse-hijacked/

hopefully it will cost him x,xxx in wipo and legal bills, minus a domain and be labelled a reverse hijacker
bloody cheapskate not cheapeake lol

 

[jaydub]

I would have to say from THIS ...that he owns a construction company.
Check the address and phone number

 

[Theo]

I would have to say from THIS ...that he owns a construction company.
Check the address and phone number

Maybe he used the construction company to build the B&B

 

[jaydub]

maybe ... :lol:

 

[onnin]

Thanks much for all of your replies. I'm glad to know that I do not own a domain name which is trademark or anything illegal.

Thanks you guys again

 

[Theo]

You can do what they did http://irishisles.com

 

[marcorandazza]

Just received this email. What should I do? Any help will be appreciated

Tell him that he should get a refund for his "consultation." While there *might* be a claim under § 1125 (I have no idea -- I have not looked at all the facts), the claim that § 1129 applies is simply moronic. First of all, § 1129 doesn't even exist anymore, it is now 15 U.S.C. § 8131. And, whether you call it § 1129 or § 8131, that code section only protects the names of individuals.

 

[Soofi]

or to give me a vastly revised sale price in order to settle this matter.

Yeah right, I'm on my way wit my business registration documents just cuz you emailed bloody scum!!
If I were you I'd send him an IrishIsle.com printed greeting card which would say "Get Well Soon Retard" lol

 

[marcorandazza]

Yeah right, I'm on my way wit my business registration documents just cuz you emailed bloody scum!!
If I were you I'd send him an IrishIsle.com printed greeting card which would say "Get Well Soon Retard" lol

While I can understand the sentiment, I truly hope that you are joking and that nobody takes this advice.

I represent domainers and mark holders ... both sides... and let me tell you how I do my job:

When I represent a mark holder, I usually get a list of people to screw with. The list is usually longer than anyone wants to really tackle at once. Therefore, we go through a process of picking the unlucky few, with whom we begin the process of mark enforcement.

Sometimes we pick people who are easy targets. Sometimes we pick people who present challenging and interesting cases, because we want to make some new law. We almost always elevate assholes to the top of the list. Being an asshole won't make the other guy say "oh, okay, you told me to 'get well soon retard' so maybe I'll go away." It will get you pushed up the list of people to **** with.

On the other hand, when I represent domainers, even when their case is extremely strong - I recognize that there is value in trying to de-escalate the situation. Being cool just might mean that they say "we'll deal with you after we deal with the assholes," or maybe it means that the thing goes away altogether.

Of course, there are exceptions to the general rules - and sometimes it is the right time to just tell someone to go shit in their hat. But this isn't one of them. This is either a misinformed party or a poorly - represented party. Being a douchebag to him isn't likely top be helpful.

 

[Soofi]

While I can understand the sentiment, I truly hope that you are joking and that nobody takes this advice.

Marc, I really hope you have a humorous side too lol

 

[Gerry]

The ONLY listing in Google for "Irish Isle Bed and Breakfast" is this thread.

This would lead me to believe that this is a new venture that wants your name.

Otherwise, imo, the domain registered in 2005 can hardly be bad faith when it comes to someone naming a business in 2010.


However, regarding the only listing being this thread, you should ask that the thread be made for members only, perhaps legal.

---------- Post added at 11:21 PM ---------- Previous post was at 11:20 PM ----------

addendum: I thought legal was a way to keep this to members only.

 

[marcorandazza]

Marc, I really hope you have a humorous side too lol

Of course... but, you'd be surprised how many damn fools would see this and think "yes, that's a great way to react."

 

[Gerry]

Of course...

By the way, I enjoy your newsletters.