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

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Cheetah8799

Diamond Member
Apr 12, 2001
4,508
0
76
rnmcd, why not offer to sell it to them? Obviously they consider it worth something or they wouldn't sue you.
 

Stuxnet

Diamond Member
Jun 16, 2005
8,392
1
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Originally posted by: PhasmatisNox
See:

msi.com
paypalsucks.com

And my personal favorite, BestBuySux.org

If you're not profiting from the site and you have a legitimate use for it (get that content up ASAP), then you're fine.

Of course, the real question is whether or not it's worth the trouble. You're obviously not even established on the site yet, so if I were you I'd personally explain to them that you have no legal obligation to give it up, but for a nominal fee (a couple hundo) you'll settle it up.
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
Originally posted by: Cheetah8799
rnmcd, why not offer to sell it to them? Obviously they consider it worth something or they wouldn't sue you.

I think I'm screwed if I use the word "sell" with them.

That might lead one to believe that my purpose in buying the domain was to squat on it until they bought it....which was not my intention.

I wanted to run a website from the domain.
 

zeruty

Platinum Member
Jan 17, 2000
2,276
2
81
rnmcd, first things first. If they just emailed you, tell them they will need to send you a certified letter. Tell them that you cannot accept an electronic message as a legal notice. Plus, unless you have SIGNED for a certified letter, they have no proof that you, the owner of the domain, has received the notice.

If they can't go to the effort of sending you a certified letter, how likely are they to actually go through with a lawsuit?

I say... If they don't send you a certified letter, don't worry about it.

Plus, I agree with the other people saying to contact the Electronics Frontier Foundation.
They will give you probably the best advice.
 

BillyBatson

Diamond Member
May 13, 2001
5,715
1
0
i don't think they can as long as it is a legit site where you aren't profiting off of their name or absuing it in any way. If your site is all about "chevy" cars for instance with owner pictures, bios, etc like a gathering that's cool. If you are tyring to sell checy or another brand car thatmight be a problem.
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
Originally posted by: zeruty
rnmcd, first things first. If they just emailed you, tell them they will need to send you a certified letter. Tell them that you cannot accept an electronic message as a legal notice. Plus, unless you have SIGNED for a certified letter, they have no proof that you, the owner of the domain, has received the notice.

If they can't go to the effort of sending you a certified letter, how likely are they to actually go through with a lawsuit?

I say... If they don't send you a certified letter, don't worry about it.

Plus, I agree with the other people saying to contact the Electronics Frontier Foundation.
They will give you probably the best advice.


Thank you for the sound advice. I will also try EFF.

I'm kinda to the point that I would just like to transfer the domain to them for a fee....but I don't know what I can ask as a fee without getting nailed for extortion. $100?
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
It looks like EFF.org is an activist organization.

They don't seem to have a forum or method to discuss individual issues.

Any other suggestions?
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
This is the email I just replied with.


Dude, wuz up.

Please remit $150 via PayPal to *******@gmail.com and I will get the dirty, rotten, good-for-nothin', pan-handlin' sorry excuse for toe-jam, scoundrel to transfer the domain to your client within 3 business days (as the crow flies).

Why the heck ain't this text wrapping? I hope it does for you.

Well sorry for the inconvenience. Let's hope this n'er-do-well gets a floggin' like we gave to 'Nam when we zapped 'em wit the bomb.


Peace on earf and goodwill to girls that look like that Pamela Anderson (circa 1995).

******
I buy Esquire.
 

Purgatory-Z

Senior member
Jan 17, 2000
270
0
0
Originally posted by: rnmcd
This is the email I just replied with.


Dude, wuz up.

Please remit $150 via PayPal to *******@gmail.com and I will get the dirty, rotten, good-for-nothin', pan-handlin' sorry excuse for toe-jam, scoundrel to transfer the domain to your client within 3 business days (as the crow flies).

Why the heck ain't this text wrapping? I hope it does for you.

Well sorry for the inconvenience. Let's hope this n'er-do-well gets a floggin' like we gave to 'Nam when we zapped 'em wit the bomb.


Peace on earf and goodwill to girls that look like that Pamela Anderson (circa 1995).

******
I buy Esquire.


LOL
 

rnmcd

Platinum Member
May 2, 2000
2,507
0
0
I don't think it matters what I do with the site if they think I am infringing on their copyrighted name.

By the way, I never heard back from the attorney after I offered to transfer the domain to them.
 

aplefka

Lifer
Feb 29, 2004
12,014
2
0
Originally posted by: rnmcd
This is the email I just replied with.


Dude, wuz up.

Please remit $150 via PayPal to *******@gmail.com and I will get the dirty, rotten, good-for-nothin', pan-handlin' sorry excuse for toe-jam, scoundrel to transfer the domain to your client within 3 business days (as the crow flies).

Why the heck ain't this text wrapping? I hope it does for you.

Well sorry for the inconvenience. Let's hope this n'er-do-well gets a floggin' like we gave to 'Nam when we zapped 'em wit the bomb.


Peace on earf and goodwill to girls that look like that Pamela Anderson (circa 1995).

******
I buy Esquire.

Bwahahaha that's awesome. I hope they respond.
 

lizardboy

Diamond Member
Dec 3, 2000
3,488
0
71
Originally posted by: rnmcd
I don't think it matters what I do with the site if they think I am infringing on their copyrighted name.

By the way, I never heard back from the attorney after I offered to transfer the domain to them.

Several people in this thread have given you correct information. You can have a domain name that infringes on someone's trademark as long as you're not acting in bad faith and/or making a profit with the web site. You are completely within your rights to register chevysucks.com or ilovechevy.com as long as you're not acting in bad faith. The problem arises when you're interested in selling but the simple act of offering to sell is sometimes interpreted as evidence of cyberquatting. The fact that you registered the name, did nothing with it, and pointed it to a place to generate click-through revenue are all factors that work against you. Take a look at the cases on this page and you'll have a much better understanding of the issues.

http://www.perkinscoie.com/casedigest/i...d1=cybersquatting&topic=Cybersquatting
 

alkemyst

No Lifer
Feb 13, 2001
83,769
19
81
Originally posted by: aidanjm
wouldn't a lawyer be a better source of advice that atot?

much like your asking your parents about sex vs the guys in college...

really depends. I am willing to bet there are guys that know more here on domain reg. laws than whatever attorney you pick.