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CBS wants to take my domain name (Update: Matter Closed)

TwiceOver

TwiceOver

Lifer
I registered a domain name {name}.xyz I was notified during registration that the name was trademarked by CBS Interactive and that I could not use the domain name in any capacity that would infringe their trademark.

I am not referring to their show in any way and therefor am not infringing on their trademark. They are saying I am infringing and that I am to give up the domain to them within 7 days.

The domain has nothing at the site except a blank white page while I build the site (which is for my son).

Do I have any recourse?

UPDATE:

I asked the lawyer to provide in writing by certified mail all instances where I have infringed on their trademark and that the site was obtained legally, with good faith, and with knowledge that I could not use the site in any regards to their show. I further explained that it is my son's name and used for family purposes. This is the response:

Dear Mr. L,

Thank you for your email of October 21, 2014 concerning the above-referenced matter.

Based on your representation that your child’s name is Dexter, the associated website will be used by your family and that you will not be using any elements from our TV series in connection with your website, we will consider this matter closed.

The foregoing should not be construed as a waiver or relinquishment of any rights or remedies possessed by CBS, or any affiliated party, all of which are expressly reserved.

Best regards,

Rachael Pierce
Click to expand...

Yay!
hidingdexter.jpg
 
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If it has nothing to do with whatever trademark they have, then you should be fine.

Who notified you that you have to give up the domain? The registration company or CBS? If it's CBS, you can ignore it. If it's the registration company then you might not have a choice. CBS can't force you to give it up if you're not squatting, or using it for their show, but their legal team will sure try to scare you.

FYI: Nissan.com does not belong to Nissan motors, but a computer company, and there's a big banner on that site about how Nissan has tried to sue them over that domain and failed. Nissan didn't win, and CBS shouldn't either.
 
Your son's name is the domain name, which CBS says infringes? Yeah, CBS is shit outta luck.

edit: Wait, you were notified during registration of the trademark infringement, but were allowed to register anyway?

TwiceOver said:
I was notified during registration that the name was trademarked by CBS....

....I am to give up the domain to them within 7 days.
Click to expand...
 
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If you were notified during registration, isn't you who wants to infringe on someone else's trademark.



<waiting for anti-trademark folks to start complaining>
 
During registration I was informed that the name was a registered trademark and that I could not use the site to infringe on the holder's rights. I am not.
 
You only infringe on someone's trademark if you use the mark in the same business context (or the business context in which it is registered).

If Apple records holds a trademark on the name "apple" in the context of music distribution, then Apple computer does not infringe on the trademark as long as they do not use that mark to sell music.
 
Assuming this is something like your son's name is Dexter, and you registered "Dexter . xyz", then you can tell them to go pound sand. However, not getting at least something up for that site that relates directly to your son DOES look like you're a cybersquatter who is hoping to cash in on the name.

Me - I'd make something relevant to my son Dexter (or whatever your son's name is) and get it up ASAP. Then, I'd tell them to pound sand. E.g., look at Nissan.
 
I registered a name years ago which another company tried to take from me. Their attorney sent me letter after letter telling me that they will sue me. Fortunately, I have a corporate attorney who gave me letter. Bottom line, one letter from my attorney shut them up completely.
 
Why wouldn't you post it in the first place? It's stupid to withhold unless you actually think you're doing something wrong. Oh noes!! Someone has my completely public website address!

Anyway, this is pretty damn simple. Make an actual webpage to validate your claim.
 
MrDudeMan said:
Why wouldn't you post it in the first place? It's stupid to withhold unless you actually think you're doing something wrong. Oh noes!! Someone has my completely public website address!

Anyway, this is pretty damn simple. Make an actual webpage to validate your claim.
Click to expand...

I'm not doing anything wrong. Working on putting something there right now. There's just no reason as the name has nothing to do with the question at hand.
 
TwiceOver said:
I'm not doing anything wrong. Working on putting something there right now. There's just no reason as the name has nothing to do with the question at hand.
Click to expand...

Sure it does. If it was cbs.xyz, it would be harder to justify. Dexter.xyz, however, can easily be justified.
 
I had a friend who had his own name registered as a .com. Then someone else gets lucky and gets famous with the exact same name. My friend got paid to give it up.
 
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