threatening letter about an LLL

julian · 14-07-2009, 11:21:40 AM

Just had a very threatening letter from foreign solicitor on behalf of a big ol' beast of a company saying i've abusively reg'd a so called tm of theirs and have a week to respond - or else.. DRS

I must say someone has pulled the stops out on this compling a 4 page word doc of all the tm terms and telling me what a bad man I am, just seems someone is trying it on - good effort..

grantw · 14-07-2009, 11:29:00 AM

Do you have it parked?

Grant

julian · 14-07-2009, 11:42:19 AM

yeah, but its on a totally unrelated in any way to these guys and always has been.

I feel like i want to take it down from parking but that sort of implies im at fault when totally legit..

Quote:

Originally Posted by grantw

Do you have it parked?

Grant

retired_member12 · 14-07-2009, 11:46:30 AM

Is it a TM of theirs though?

julian · 14-07-2009, 11:55:00 AM

In my example it would be like: THE CARPHONE WAREHOUSE suddenly deciding they want TCW/co/uk

It would appear that TCW is tm'd along with TCM FUNDS, TCM PHONES etc, etc

Quote:

Originally Posted by DoubleTap

Is it a TM of theirs though?

Systreg · 14-07-2009, 11:59:48 AM

Lousy gits

, in that example ^^^, I believe that's called reverse domain hijacking, and is looked dimly upon by certain people like ICANN, and no dount Nominet as well.

[edit]

See example here:

http://domainnamewire.com/2009/07/13...ame-hijacking/

Quote:

Bernstein said that companies believe that, just because they have trademarks, they can “swoop in and get these domain names”. She believes that complainants should pay a penalty if found guilty of reverse domain name hijacking. “There should be some sort of recourse,” she said. “I think it should be attorney’s fees and arbitration fees. There has to be some sort of deterrent to stop the filing of these frivolous cases.”

mojoco · 14-07-2009, 12:02:34 PM

Quote:

Originally Posted by julian

In my example it would be like: THE CARPHONE WAREHOUSE suddenly deciding they want TCW/co/uk

It would appear that TCW is tm'd along with TCM FUNDS, TCM PHONES etc, etc

Go straight back at them at put them in their place. Explain to them why their case is week, also let them know that you will pursue their client for any costs that you incur defending what is rightfully yours.

accelerator · 14-07-2009, 12:59:59 PM

As you probably know, TMs apply to certain classes of business. If the parking shows ads related to that class it could weaken your case, so you have to either make sure no ads in that class are appearing or depark it.

Other than that, I feel you would be within your rights to have a three letter, which could stand for so many other acronyms they would have no case.

Rgds

bb99 · 14-07-2009, 01:10:17 PM

A rather general point but be wary of writing long defensive letters back as it may show all your cards now and reveal what your defence to any DRS may be.

Edwin · 14-07-2009, 01:57:55 PM

Get a lawyer. Really. If they're using a lawyer even before DRS, you're much better off communicating ONLY via lawyer. Otherwise who knows what you could accidentally end up admitting.

14-07-2009, 11:21:40 AM	#1 (permalink)
julian Join Date: Aug 2007 Location: On the slippery slope.. Posts: 1,513 No Classified Ratings Domain Trader Rating: (100% / 28)	threatening letter about an LLL Just had a very threatening letter from foreign solicitor on behalf of a big ol' beast of a company saying i've abusively reg'd a so called tm of theirs and have a week to respond - or else.. DRS I must say someone has pulled the stops out on this compling a 4 page word doc of all the tm terms and telling me what a bad man I am, just seems someone is trying it on - good effort.. __________________ Domain prices are only valid for 7 days. lyncr-poor credit rating- is your website working?-Classic ASP Developer-dementia test-domain portfolio management software-Content Writing-seo-chess-Hong Kong Airport-Istanbul-Bilbao-Marseille-Prepaid Funeral Plans-overdrafts-friends of picu-Bruges-Free Range Eggs-intraocular lenses- fishing tackle insurance-464-link directory-divorce-wills-kids laptops-http://www.odx.co.uk

14-07-2009, 12:59:59 PM	#8 (permalink)
accelerator Join Date: Apr 2005 Location: England Posts: 4,764 No Classified Ratings Domain Trader Rating: (100% / 31)	As you probably know, TMs apply to certain classes of business. If the parking shows ads related to that class it could weaken your case, so you have to either make sure no ads in that class are appearing or depark it. Other than that, I feel you would be within your rights to have a three letter, which could stand for so many other acronyms they would have no case. Rgds __________________ LowPrices.co.uk \| My Twitter \| KeyphraseDomains.co.uk \| Mens Shirts \| Hotels in Bath \| Money Off Code

14-07-2009, 01:10:17 PM	#9 (permalink)
bb99 Join Date: Mar 2005 Posts: 1,561 No Classified Ratings Domain Trader Rating: (100% / 4)	A rather general point but be wary of writing long defensive letters back as it may show all your cards now and reveal what your defence to any DRS may be. __________________ Droppr - finely tuned .uk dropcatching for Nominet members Gazebos \| Flyers, Postcards \| Tree Surveys \| Dent Repairs Leeds \| Poster Printing

14-07-2009, 01:57:55 PM	#10 (permalink)
Edwin Join Date: Apr 2005 Location: Cambridge, UK Posts: 3,876 No Classified Ratings Domain Trader Rating: (100% / 46)	Get a lawyer. Really. If they're using a lawyer even before DRS, you're much better off communicating ONLY via lawyer. Otherwise who knows what you could accidentally end up admitting. __________________ Memorable Domains Ltd - Over 7,000 descriptive, generic .co.uk domains for sale Please note: All sale prices over a week old are automatically invalid. No exceptions. Thanks!

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14-07-2009, 11:29:00 AM	#2 (permalink)
grantw Join Date: Mar 2005 Posts: 3,597 No Classified Ratings Domain Trader Rating: (100% / 56)	Do you have it parked? Grant

14-07-2009, 11:46:30 AM	#4 (permalink)
retired_member12 Join Date: Aug 2006 Posts: 1,510 No Classified Ratings Domain Trader Rating: (0% / 0)	Is it a TM of theirs though?

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