My domain is close to another - owner has sent threatening email!

Bailey · 04-11-2010, 11:55:13 PM

Nice example denchomsky. I've been at the end of a couple of similar attempts myself. But, sometimes you also have have to watch out for those playing innocent. My guess is lumpybumps knows this is a can of worms - And I'll be the first to apologise if I'm wrong

LumpyBumps · 05-11-2010, 10:12:48 AM

Quote:

I'm interested why you identified this domain from the drops, when as you say the double hyphen X-and-Y is available

I went through a phrase of buying keyword rich domains with backlinks and throwing EPN sites up on them. This was one that I bought.

Quote:

You don't mention the terms as being generic - I'm thinking you tried to come in under the radar - please tell me i'm wrong

Not sure what you mean - but basically the terms are generic so I was hoping to make some sales as an eBay affiliate. My intention wasn't to pass off as this company. When I registered the domain I didn't even know that they existed !

I'll drop you a PM now.

Thanks

Bailey · 06-11-2010, 11:57:35 PM

Thanks

I have all the details - And I am getting ready to eat a big portion of humble pie, the advanced searches for the UK DB are off overnight so rather than give you half an answer - I would rather give you a conclusive answer late tomorrow or monday morning. Once i have had time to view refused marks. US database etc.

I have to admit the give-away was that don't even claim the Mark as "registered" on their site or in the communications. PS if you wanted to be smart in the short term you could say your looking into the matter and perhaps they could direct you to their 'registered mark'

The term is far too generic to have any distinctiveness or historical usage rights. And if you really want to get their back-up point out theres no letter "U" in Attorney.

Only joking the best response is not to bite - I will Pm you tomorrow or Monday at the latest

namealot · 07-11-2010, 05:12:26 AM

Quote:

Originally Posted by LumpyBumps

Hi guys, after a bit of advice here.

I've been contacted by the owner of the website XandY.co.uk (not the real domain name obviously) as I've been using X-and-Y-uk.co.uk for the last three years as an eBay affiliate site.

Apparently their domain XandY is trademarked (is this possible ?) and my domain, even though it ranks for bugger all, is apparently confusing their customers. Oddly though they don't own X-and-Y.co.uk (no-one does).

I bought my domain when it dropped so there was no intention of infringing any trademark.

What should I do ? I'm a reasonable person but don't like being threatened. They have given me 48 hours to "transfer it to us we will pay the cost of the domain" or else they will involve their trademark attorney

Should I offer to sell them the domain, or do I have no choice but to hand it over ?

Thanks in advance

Phil

Don't offer to sell it to them let them make any offers, If they had not consulted a legal advisor already they should be careful sending out letters demanding things could be conceived as harassment, intimidation etc (slim but always an avenue to look at�? ).

If they have the trademark and you advertising selling etc the same class of goods, services etc you lose, (chances of nominet not awarding them it pretty slim) Even different class etc nominet if they have a trademark could go in there favor�? The fact they have not registered the x-and-y.co.uk doesn�t really matter bad business practice but if they have the trademark anyone that did would likely have to hand it to them anyhow�?

If the letter sent you has error�s that�s interesting from a legal view point it�s there to set out the facts that form the basis of the case they intend to present and therefore should be error free (There are legal implication for it being incorrect)

There are some strange things afoot..?

Ashton · 07-11-2010, 10:55:55 AM

I have also seen the domain and the site requesting the transfer and I have no idea why they think they have a right to the domain. The term is very generic, as I asked earlier, the similar example would be booksandstationary.co.uk but this term is even more generic. I will leave it to bailey to suggest a fitting reply I am sure it would be better than anything I could cook up.

Bailey · 08-11-2010, 12:15:10 AM

I will also add, that anybody that comes at you with a 48 hour deadline has been watching far too many movies anyway.

Seriously these things do happen occasionally with inherent rights, sometimes with misplaced egos. Always best to treat them all professionally. And this particular instance looks like it may have an all-round positive outcome after all. (before my or any others involvement)

Pearl Media · 15-11-2010, 12:03:48 PM

Just make sure that you don't try and sell the domain to them because that points to bad intention.

04-11-2010, 11:55:13 PM	#11 (permalink)
Bailey Join Date: Apr 2009 Location: Essex UK Posts: 1,617 No Classified Ratings Domain Trader Rating: (100% / 4)	Nice example denchomsky. I've been at the end of a couple of similar attempts myself. But, sometimes you also have have to watch out for those playing innocent. My guess is lumpybumps knows this is a can of worms - And I'll be the first to apologise if I'm wrong __________________ TheDon dot Com Last edited by Bailey; 04-11-2010 at 11:59:13 PM.

06-11-2010, 11:57:35 PM	#13 (permalink)
Bailey Join Date: Apr 2009 Location: Essex UK Posts: 1,617 No Classified Ratings Domain Trader Rating: (100% / 4)	Thanks I have all the details - And I am getting ready to eat a big portion of humble pie, the advanced searches for the UK DB are off overnight so rather than give you half an answer - I would rather give you a conclusive answer late tomorrow or monday morning. Once i have had time to view refused marks. US database etc. I have to admit the give-away was that don't even claim the Mark as "registered" on their site or in the communications. PS if you wanted to be smart in the short term you could say your looking into the matter and perhaps they could direct you to their 'registered mark' The term is far too generic to have any distinctiveness or historical usage rights. And if you really want to get their back-up point out theres no letter "U" in Attorney. Only joking the best response is not to bite - I will Pm you tomorrow or Monday at the latest __________________ TheDon dot Com Last edited by Bailey; 07-11-2010 at 12:56:47 AM.

08-11-2010, 12:15:10 AM	#16 (permalink)
Bailey Join Date: Apr 2009 Location: Essex UK Posts: 1,617 No Classified Ratings Domain Trader Rating: (100% / 4)	I will also add, that anybody that comes at you with a 48 hour deadline has been watching far too many movies anyway. Seriously these things do happen occasionally with inherent rights, sometimes with misplaced egos. Always best to treat them all professionally. And this particular instance looks like it may have an all-round positive outcome after all. (before my or any others involvement) __________________ TheDon dot Com Last edited by Bailey; 08-11-2010 at 12:29:35 AM.

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07-11-2010, 10:55:55 AM	#15 (permalink)
Ashton Join Date: Feb 2010 Location: South Coast Posts: 1,515 No Classified Ratings Domain Trader Rating: (100% / 21)	I have also seen the domain and the site requesting the transfer and I have no idea why they think they have a right to the domain. The term is very generic, as I asked earlier, the similar example would be booksandstationary.co.uk but this term is even more generic. I will leave it to bailey to suggest a fitting reply I am sure it would be better than anything I could cook up.

15-11-2010, 12:03:48 PM	#17 (permalink)
Pearl Media Join Date: Jul 2009 Posts: 238 No Classified Ratings Domain Trader Rating: (100% / 20)	Just make sure that you don't try and sell the domain to them because that points to bad intention.