Domain Name Legality --- I own MLBFreeAgents.com MLB coming after me

Al Neri

Diamond Member
Jan 12, 2002
5,680
1
81
I run MLBFreeAgents.net... MLB is coming after me
I put up a website MLBFreeAgents.net where people can come and post comments and other issues regarding the players and their free agency. I did it basically as a mimic of MLB4u.com. I have more comments on the bottom.

I get a letter sent DHL from MLB.com



We are writing to notify you that MLB Advanced Media LP (MLBAM) is exclusive righsholder of the office of the commissioner of baseball, major league baseball properties, inc and the majorleague baseball clubs (collectively "MLB Entities) with respect to uses of their trademarks (collectively the MLB Marks) on the Internet and other Interactive media. As you undoubtedly are aware, among the MLB marks are the famous and distinctive trademark MLB and the logos and othr trademarks of the MLB clubs.

It has come to our attn that you have registered and own the domain name MLBFreeAgents.net (domain name) and are currently operating a website. the domain name features use of the mark MLB without authorization from MLBAM. In addition the website includes numerous photographs of MLB player in uniform; those photgraphs contain unotherized uses of the MLB marks

Your unauthorized uses of the MLB marks including the domian name are likely to cause confusion,mistake and deception to the potential existance of an affiliation, connection or association between you and MLBAM or other applicable entities, and constitute trademark infringement, dilution and unfair competition in violation of federal and state laws. in addition your actions with respect to the dmain names violate both the ICANN Uniform Domain Name Dispute Resolution policy, to which the domain name is subject and the anticybersquatting consumer protection act, a federal statute which provides a cause of action with respect to those who, in bad faith, intent to profit, register, traffic in or use domains that are identical or confusingly similar to the trademarks of others.

Accordingly, MLBAM requests that you immediately

1 cease and disist from any and all uses of the mlb marks in connection with the dmain name and the website

2 transfer the domain name to MLBAM and

3 refrain from further unauthorized uses of the MLBmarks on the website.

We ask to receive written confirmation...blahblahblah

THis letter does not purport to be a full or complete statement of the facts or the law and is without prejudice to any rights, claims, and remedies available to MLBAM and other aplplicable mlb entities) wheher legal or equitable in nature, all of which are expressly reserved.
----

LETTER ENDS

Now -- How do sites like http://www.mlbtraderumors.com and http://www.mlb4u.com operate without getting this from the MLB?

not to mention countless blogs that have similar stuff on it.

I didnt put "THis is no way affiliated with the MLB" on my site, but if I add that, do I have something coming to me?

I dont want to transfer them the domain, if mlbtraderumors and mlb4u can get away with not transferring them unless they want to pay for it.

any help?

Thanks!
 

minendo

Elite Member
Aug 31, 2001
35,560
22
81
Please tell me that is not a cut and paste of the main sections of the email.
 

QurazyQuisp

Platinum Member
Feb 5, 2003
2,554
0
76
This site is not affiliated with Major League Baseball, Minor League Baseball, Major League Baseball Advanced Media or any of their teams, partners, entities, subsidiaries, etc. <- This line at the bottom may help.
 
Jul 1, 2000
10,274
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That is a standard "cease and desist" letter.

You can not be sure about the quality of the legal advice that you will receive on an internet forum, which is populated largely by socially challenged idiots.

Log off and call a real attorney that is familiar with trademark law.

:)

... and no. Although I am an attorney, I know nothing of trademark.
 

xanis

Lifer
Sep 11, 2005
17,571
8
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Originally posted by: QurazyQuisp
This site is not affiliated with Major League Baseball, Minor League Baseball, Major League Baseball Advanced Media or any of their teams, partners, entities, subsidiaries, etc. <- This line at the bottom may help.

I think the usage of "MLB" in the URL is the problem here. Technically, "MLB" is copyrighted and the use of it in a URL (I think) is illegal without the consent of the MLB.
 

QurazyQuisp

Platinum Member
Feb 5, 2003
2,554
0
76
Originally posted by: Xanis
Originally posted by: QurazyQuisp
This site is not affiliated with Major League Baseball, Minor League Baseball, Major League Baseball Advanced Media or any of their teams, partners, entities, subsidiaries, etc. <- This line at the bottom may help.

I think the usage of "MLB" in the URL is the problem here. Technically, "MLB" is copyrighted and the use of it in a URL (I think) is illegal without the consent of the MLB.

Who knows... I've owned thesimstwo.com ever since I knew about the game the sims 2, and EA has yet to send an email... you would've thought they would care.
 

HyTekJosh

Golden Member
Jan 20, 2001
1,500
0
0
Originally posted by: minendo
Please tell me that is not a cut and paste of the main sections of the email.

Yeah tons of mispellings...maybe someone is screwing around and trying to scam into getting the domain name for their own use.
 

blahblah99

Platinum Member
Oct 10, 2000
2,689
0
0
Write a letter back to the email (do not reply) requesting that you require any requests to be in writing, not email.
 

QED

Diamond Member
Dec 16, 2005
3,428
3
0
My good friend is an IP (intellectual property) attorney, and we talk about these kind of issues all of the time.

If my understanding is correct, having the domain name MLBFreeAgents.com alone is not enough to show or demonstrate trademark infringement-- it is probably your unauthorized use of player photos and/or team logos and images that would lend MLB ammo that you indeed are infringing on their trademark and reputation.

A disclaimer on your site would be nice, but if you are indeed just copying images from other sources without permission and for purposes other than fair use you do open yourself up to these kinds of letters.
 

DayLaPaul

Platinum Member
Apr 6, 2001
2,072
0
76
Reading comprehension you dufuses. He received a physical letter from DHL. So obviously he didn't cut and paste it.
 

pyonir

Lifer
Dec 18, 2001
40,856
321
126
Originally posted by: Pepsi90919
WHY DIDN'T YOU JUST SCAN THE LETTER IN THE FIRST PLACE?!

Whoa! Take a deep breath there man...here..have a drink of Coke..it'll help calm ya down.

:D