can 'they' force me to relinquish a domain name?

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
I have a domain that is similiar to something like "Chevrolet Cars.com"

I just received an email from "Chevrolet" and they told me that I have 15 days to stop using the site or I'll be sued by them.

Here's part of their email:

Our clients are the owners of the
service
mark ******** . Our clients' mark has been used continuously in the United
States
and has become well-known. The mark is also registered in
the
United States under numerous trademark registrations, including
******** , **********, *********. Full details of each of these registrations can be
made
available to you, but we are certain that you are well aware of the
renown
of our clients' marks.

Our clients have become aware that you have registered and are
utilizing the
domain name ************* to divert Internet traffic away from
our
clients' websites. As this domain name wholly incorporates our
clients'
service mark ******** and also describes our clients' services, the
unauthorized use and registration of the domain name and the apparent
intention to profit from its registration, constitutes trade mark
infringement and cyberpiracy. As such, these activities are in
violation
of our clients' rights under applicable federal and state laws.
Indeed, the
Anticybersquatting Consumer Protection Act ("ACPA") grants to courts
the
authority to award up to $100,000 in statutory damages, plus attorneys'
fees.

We, therefore, demand that you immediately undertake the following:

1) cease use of the ************** domain name; and

2) assign to our clients the ************* domain name.

Our clients are prepared to reimburse you for your reasonable costs in
registering and transferring the domain name.

Unless we receive your written assurances within 15 days from the date
of
this letter that these steps have been taken, our client will consider
taking the appropriate action against you and any other persons
responsible
for these unlawful activities.

This letter is without prejudice to any other rights of, or remedies
available to, our client, all of which are expressly reserved.

Should I just let them sue me?
 

Darkstar757

Diamond Member
Feb 1, 2003
3,190
6
81
get a lawyer and sue the ****** out of them


Make sure you arent using the site for porn and put up a legit site on the domain.
 

RbSX

Diamond Member
Jan 18, 2002
8,351
1
76
Originally posted by: PlatinumGold
yes, i believe they can.


No they can't. Someone owned madonna.com before madonna did and she ended up paying out the ass for it.
 

Billzie7718

Senior member
Sep 2, 2005
649
0
0
tell them that "reasonable costs in registering and transferring the domain name" is $150,000.


It says that your site describes their services. Is this true??
 

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Originally posted by: RyanSengara
Originally posted by: PlatinumGold
yes, i believe they can.


No they can't. Someone owned madonna.com before madonna did and she ended up paying out the ass for it.

The difference is that madonna isn't a trademarked name. Chevrolet is.
 

Trevelyan

Diamond Member
Dec 10, 2000
4,077
0
71
If you have a legitmate use for the domain name, then no they can't force you to give it up.
 

Baked

Lifer
Dec 28, 2004
36,052
17
81
If you're just domain squatting, I hope you get poked in the ass repeatedly. If not, get a lawyer and sue the bitches back.
 

Jzero

Lifer
Oct 10, 1999
18,834
1
0
There's a lot of factors, but at the very least if you actually want the domain name you should hold out and force them to go through WIPO-UDRP. You'll probably lose, but at least make them work for it.
 

PlatinumGold

Lifer
Aug 11, 2000
23,168
0
71
Originally posted by: RyanSengara
Originally posted by: PlatinumGold
yes, i believe they can.


No they can't. Someone owned madonna.com before madonna did and she ended up paying out the ass for it.

her ass?

i believe there were laws created specifically to prevent that from happening. if www.ford.com wasn't taken, i couldn't register for it for no reason and then extort Ford Motor company to pay for it. of course, most of those domains are already taken so the law is kind of moot.

if you were named chevrolet for example you could use such a domain, chevroletfamily.com for example but you can't just do it without having a legit reason like that.

that's the way i understood it anyway.
 

BooGiMaN

Diamond Member
Jul 5, 2001
7,955
0
0
if it was me.. id be more confident getting answers from a lawyer than nerds that want to stick it to the man, even though its your skin thats on the line not theirs...
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
I just purchased the domain about a month ago.

Right now it is parked on sedo to get click-through revenue until the site opens, which should be about 3 more weeks.

The site will have information and pictures about Chevrolet cars.

I am not defaming Chevrolet in the site.

It is not pron.
 

Medicine Bear

Banned
Feb 28, 2005
1,818
1
0
Originally posted by: rnmcd
I just purchased the domain about a month ago.

Right now it is parked on sedo to get click-through revenue until the site opens, which should be about 3 more weeks.

The site will have information and pictures about Chevrolet cars.

I am not defaming Chevrolet in the site.

It is not pron.

You're screwed
 

MaxDepth

Diamond Member
Jun 12, 2001
8,757
43
91
You can figth it but only if your domain does not contain any words that are copyrighted like "Chrysler."
However, "Crappy-piece-of-junk-excuse-for-a-vehicle" has not been copyrighted, I believe.

EDIT: I actually read all of your OP. Service marks are different from trademarks. From our gummint intarweb:
What Is a Trademark or Servicemark?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office. The registration procedure for trademarks and general information concerning trademarks is described in a separate pamphlet entitled "Basic Facts about Trademarks".
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm
 

Billzie7718

Senior member
Sep 2, 2005
649
0
0
Originally posted by: rnmcd
I just purchased the domain about a month ago.

Right now it is parked on sedo to get click-through revenue until the site opens, which should be about 3 more weeks.

The site will have information and pictures about Chevrolet cars.

I am not defaming Chevrolet in the site.

It is not pron.

Sounds like squatting.
Post flames here ->
 

compuwiz1

Admin Emeritus Elite Member
Oct 9, 1999
27,112
930
126
Unless you have more money than Chevrolet, stand down. I'd ask them if they'd like to purchase domain from you, of course. ;)
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
Originally posted by: Zee
if you are squatting, then yes they can.

What do they consider 'squatting' the domain was/is not for sale. I actually intend to use it to discuss 'chevy' cars (or some other ;) make ).