Enjoy unlimited access to all forum features for FREE! Optional upgrade available for extra perks.
Sedo.com

TM problem, need advice

Status
Not open for further replies.

pibbz

Level 2
Legacy Platinum Member
Joined
Nov 9, 2008
Messages
29
Reaction score
1
Hello,
i own pоrnhub.in and today i received following letter

To: Sir/Madam
We are the owners of the trademark rights to the mark PОRNHUB and the domain name www.pоrnhub.com , and operate a well-known adult oriented website at that URL. We have spent several years and a great amount of resources developing and maintaining our web presence, protected trademarks, and corporate image, and have become widely known in the adult-oriented entertainment industry through our efforts.
It is our position that your registration and use of the URL Pоrnhub.in
(the “Infringing Domain Name”), in commerce is a violation of our trademark rights, constitutes unfair competition, and violates our international trademark rights. Your conduct violates the provisions of ICANN’s Uniform Dispute Resolution policy, and would likely be found to constitute bad faith registration and use by a WIPO arbitration panel.
Through receipt of this letter, you are on actual notice that your actions constitute cybersquatting trademark dilution, trademark infringement, and unfair competition. Based on your knowing and willful trademark infringement and unfair competition, we may be entitled to treble damages and attorney’s fees. Additionally, the Anti-cybersquatting Consumer Protection Act (“ACPC”) provides for civil sanctions against parties who register, use, or traffic in domain names in this manner. The ACPA provides for remedies including forfeiture of the offending domain name and up to $100,000.00 in statutory damages. If it becomes necessary to resolve this matter through formal means, it is our intention to seek the maximum allowable damages as well as a reimbursement of our fees in pursuing this action.

As this matter is of serious concern to us, we demand that you immediately cease and desist from registering, using, or trafficking in domain names which infringe our trademarks, and transfer the Infringing Domain Name to us.
Should you fail to comply with this letter within seven days (October 13th , 2009), we will be forced to take further legal action. This letter is not a complete statement of our rights in connection with this matter, and nothing contained herein constitutes and express or implied waiver of any rights, remedies or defenses in connection with this matter, all of which are expressly reserved.


What should i do?

Thanks.
 

Devil Dog

Level 9
Legacy Exclusive Member
Joined
Feb 17, 2006
Messages
2,915
Reaction score
4
"trafficking"

lol, what's he doing, dealing crack?
 

fab

Level 9
Legacy Exclusive Member
Joined
Dec 11, 2004
Messages
3,554
Reaction score
1
I would just give them the domain, and get a letter verifying that they will have no other claims after forfeiting the domain. Too much hassle for the money.

This is not legal advice!
 

chillking

Exclusive Lifetime Member
Legacy Exclusive Member
Joined
Jun 18, 2007
Messages
915
Reaction score
0
Yes just give them it but ask for a letter so their will be no further claims and then give them the name.
 
Status
Not open for further replies.

The Rule #1

Do not insult any other member. Be polite and do business. Thank you!

Members Online

Sedo - it.com Premiums

IT.com

Premium Members

MariaBuy

New Threads

Our Mods' Businesses

UrlPick.com

*the exceptional businesses of our esteemed moderators

Top Bottom