Scare Tactics

[chrisb72]

I own a site hypathetically lets say called VegasCaller. After being approached by someone to buy the name 2 days ago and not accepting their offer, I got an email saying that Im violating this particular persons trademark of VegasCaller for instance. I checked the trademark search and it does not come up. Even on their current website it doesnt say anything about the name being trademarked and the name on the site is even posted as Vegas-Caller not VegasCaller. They want to offer me less than the other guy offered me the other day and I wouldnt take that and they are now trying to threaten me with going to ICANN. I have owned the domain about a year and picked it up expired. Let me know what you think. I wont be giving it up for their price, I will fight it with ICANN if I have to.

 

[domaingenius]

Before you get worried the best thing to do is write a letter to him politely asking "please can you advise details of your alleged rights in the name xyz including trademark number and trading address and details". Then await theor reply. May be its a wind up.

DG

 

[chrisb72]

I will do that, thanks.

 

[DomainName]

I would not contact the person regarding this allegation. Go to the US TM website to see if this name is already trademark first.

 

[Theo]

A non-entry in the USPTO does not mean a tm does not exist. However, when you see scare tactics like this, do not respond directly; seek legal advice.

 

[chrisb72]

I have checked the TM database and nothing near to what I was looking for was trademarked. I wrote the person with near to the exact email listed above asking for the trademark number and their allegations and this is the response I got.

Sir, It's obvious you have an adversarial inclination, so our attorneys will
pursue this matter through legal channels.

regards,

I feel much better now. lol

 

[domaingenius]

I have checked the TM database and nothing near to what I was looking for was trademarked. I wrote the person with near to the exact email listed above asking for the trademark number and their allegations and this is the response I got.

Sir, It's obvious you have an adversarial inclination, so our attorneys will
pursue this matter through legal channels.

regards,

I feel much better now. lol

LOL. I have jumped through these hoops so many times I am bored with it myself (and im still alive and havent lost any cases apart from 1 , over 8 years ago, but happy to make suggestions.

I would write back and say along lines. " I am sorry you appear to have misunderstood my email. You have suggested that you have rights in my domain and I am rightly asking you to please advise on exactly what basis
such claim is made, i.e. have you got a registered trademark and if so what is the number, when did you start trading and any other information that will
help me evaluate your claim. I trust that you will kindly advise me this information rather than just making threats...."

DG

 

[chrisb72]

I have had plenty of "issues" (with 1000 domains you expect them) but thanks for this info. I have always wondered about which would be the best way to approach this and just hearing the guys response, made me feel all better. Because if its me and I have a trademark Im like "Here it is, and heres my address and business info, can I have my name now please". After looking at his website I noticed that he really has no trademark and he is only attempting to rob the name at his price which is not going to happen. The response I gave him was. "Im sorry, I missed your trademark number and info in this last email. Aside from all the Grrrrr's and "my attorney" bla bla bla, Im more than willing to let you have the domain for $x,xxx."

Which is less than an ICANN dispute.

Thanks a lot.