Trademarks and Domains: Cease and Decist?

[aim]

Anyone have experience with trademarks and domain name issues? I got a C&D today from a company because in part of my url, I am supposedly using their trademark.


i.e. http://cheap[trademark].com

Can they demand that I take the site offline and transfer the site to them? Can I demand to be reimbursed the $6.95 for registration if I have to transfer ?? ;-)

 

[Dullspace]

Can they demand that I take the site offline and transfer the site to them?

Yes.

Can I demand to be reimbursed the $6.95 for registration if I have to transfer ?? ;-)

Not a good idea. ACPA awards up to $100,000. Play it safe and give up the $7.

 

[mkrongel]

yeah walk away from your $7

 

[aim]

Thanks for the advice guys. I'll be drafting an apology and moving over to a more generic domain.

 

[Grant29]

Did you register the domain with a private WHOIS to begin with? How did they know how to contact you?

 

[aim]

Probably did a name server spy or something. There are lots of ways. Next time I'll have to host the site on a different (off shore) server with an offshore registrar.

 

[Edwin]

Better to steer clear from trademarks all together - if they really want it from you then you will lose the domain either way.
Remember that a domain is a license to own, it's not to be regarded as your property that only you can have full control over.

A domain can be revoked from you and because you're doing everything to make it harder you may set yourself up for a lawsuit even more.

And the Lanham act can be a bitch!