Received a legal email about a domain i own

[xraiderx]

hello, i recieved a email about a domain i own with potential legal issues. Here are the emails. I am wondering if it would be in my best issue to sell this name for a quick buck or just hand it over. what could happen if i sell the name, could i still face legal issues? thanks


Dear Customer,

We are contacting you regarding the possible cancellation of your
privacy service for XXXXXXXX.com.

We have received notice from (some lady) on behalf of (trademark owner), that there is a potential legal issue with this domain and as such, you will
need to contact the complainant listed below in this case for more
information on this matter. We will verify that contact has been made
no later than 2 PM (PST) September 5, 2006. Failure to contact will
result in the cancellation of your privacy service. We apologize that
we are not able to be of further assistance in this matter at this
time.

Complainant information,

AND THIS IS ANOTHER EMAIL

We recently received an inquiry related to your domain name, XXXXXX.com. The
specific inquiry related to your domain name can be described as follows:

3716. Legal issue regarding your private domain. Please email
generalmanager@domainsbyproxy.com for further information. Your response is
required within 72 hours. Failure to respond will result in the cancellation of
your privacy service.

In accordance with Domains By Proxy's Domain Name Proxy Agreement,
https://www.domainsbyproxy.com/LegalAgreement.aspx, we have charged your credit
card in the amount of $20.00 for DBP's processing of this inquiry.

If you have any questions concerning the above, please contact our customer
service center.

Thank you for your continued business,
GoDaddy.com

[Head Boy]

This topic is currently being debated in the domain forum.

well a related topic anyway.

[pam]

Do not ignore it. Have you checked if there is indeed a trademark associated with the domain name?

You can sell it but you own it now and are still responsible should legal proceedings commence. It's like having a stolen car and then selling it to someone else after the police have said they wanted to talk to you about it.

Best thing to do is talk to a domain name attorney. PM me and I'll give you the URL to a board that deals with this and you can ask the attorneys on that board for advice on what to do.

Don't offer them the domain for money, it shows bad faith. Don't do anything until you talk to a lawyer.

[xraiderx]

thanks head boy, sorry it prob shoulda been posted there

[pam]

Just don't panic as it won't help you. So far it's just the registrar and privacy company contacting you, not a lawyer, right? PM me before I leave!

[blazi]

see that's why I use netpond points to register domains rather than a cc... that REALLY sucks xraiderx but like Pam said, don't panic, I'm sure you can work around this issue and have it resolved without anyone loosing an eye. just be sure to contact whoever it says to contact ASAP and follow up on this so you can know all of your options before taking any action towards selling or keeping your domain.

[xraiderx]

pam = pm'ed

[Head Boy]

I started a thread about reverse hijacking here.

http://www.netpond.com/showthread.php?t=94098

[pam]

Response sent. Now that I know what the domain is, I'd suggest you head over to the link I sent you ASAP. It's a holiday weekend so all the attorneys may not be around but others can give some good advice.

Remember, if you profit from their trademark it can cost you a lot more in the long run.

[IciCle]

man thats crazy

[Head Boy]

So is the Netpond domain forum going to get some benefit from this thread. We've got a lot of members with domain names.

[Pastrami Pete]

Originally Posted by blazi

see that's why I use netpond points to register domains rather than a cc...

Unless you use false information to register, which can be covered up more easily when using a means of paying like points instead of a CC, there is nothing the use of points would protect you from in the case discussed in this thread.

[Head Boy]

Originally Posted by Pastrami Pete

Unless you use false information to register, which can be covered up more easily when using a means of paying like points instead of a CC, there is nothing the use of points would protect you from in the case discussed in this thread.

It would stop the registrar making a $20 charge because he'd been asked a question.

[IciCle]

Yup, thats good enough for me

[DanB]

First thing I'd do is dispute the $20 fee with my cc company. If you didn't give them authorization to make the charge they've violated their agreement.

You can do a search at www.uspto.gov for the trademark info.

If that domain is parked (empty/nonsense page) you should get something on it quick.

If you really want to keep the domain, or if you want to try to negotiate a settlement price, you really should consult a domain name attorney as previously suggested. Like someone else said, just by offering to sell you can set yourself up for failure.

[REßEL]

moved to domain forum and redirect left in main forum.

[Head Boy]

Thanks for moving this Rebel.

I don't know the domain name, so I can't really comment in particular, but there are a few general pointers.

Some corporations have been laying claim to common words like "windows" and "easy", they've been losing cases, so it's worth checking their history.

If a corp used to own a domain name, but let it drop, then that can be taken as evidence that they no longer have an interest in it. vernons.com is an example.

If you want to get advice on a public board - never post the name, or the company that is chasing you. They read boards, and they could use your posts as evidence of bad faith.

Now the bottom line - if you registered the name to gain traffic from the trademark holder's assets, then you've broken the law both morally and legally, and you need to work out the best way to cut your losses. If they have made a suggestion of some action on your part that will end the matter, then that may be the best way out for you if you can handle it. If they are going to pursue you through the courts, then you really will need legal advice.

And has been pointed out frequently, despite being an arrogant stroppy bastard, I'm not a lawyer.

[GTP Dave]

Originally Posted by Head Boy

T
Some corporations have been laying claim to common words like "windows" and "easy", they've been losing cases, so it's worth checking their history.

if you are speaking of the "easy group" .. easyjet, easyhotel, easyinternet, easy pizza, easymoney,. you are absolutely wrong....

The "Easy Group" has won 95% of all cases that ended up in court internationally. They have a very heavy trademark group formed that spent millions to cover everything termed "easy" all over the world.

The easyGroup is the owner of the easy brand and licenses it to all of the easy branded businesses, including easyJet plc, the airline Stelios started in 1995 and in which he remains the largest single shareholder.

[Head Boy]

That means they lost 5%, and weren't some settled outside the courts.

It also depends a lot on whether the name was registered in bad faith.

[Head Boy]

I haven't researched the ownership, but easylay, easydate and easylove don't look as if they are owned by easy group.