oops Got me a solicitors letter

[Beasty]

Thanks for stating the obvious beasty. There are also people who send you emails asking if you wouldn't mind looking after $200 million dollars in your abbey national account for a weekend. These people are also up to no good but do they give a shit? No they still do it.

Regards
Stender MI5 agent

I am not sure that everyone knows that pretending to be a solicitor is a crime - but most people know that a bank fraud is a crime. Also, the fraudsters do not have to give a valid UK address - a "joke" solicitor does if they want to pick up the DRS transfer papers. So the risk is a lot higher.

Sorry if I am again stating the obvious ... :roll:

 

[enworb]

Lets face it. Not all solicitors know every rule and every law - well not without refernce books/internet.

I very much doubt that the solicitor who sent you the letter is aware of the cost of going through teh route of DRS...so in your next letter advise him/her.

He/she will then (hopefully) advise his client to pay the £400 asking fee.

The company should have written you a polite letter themselves before instructing a solicitor to get heavy handed...imo.

Good luck.Please let us all know how you get on

 

[BFTUK]

only had one up to now,

you have 7 days to hand over the domain name, write a letter of appolgy to their client and pay for the costs of this letter.

I thought it was a wind up but they were being serious,

I got a similar demand today. Out of interest how did you respond?

 

[grandin]

remember

remember the drs appeal panel have stated it is not abusive to sell domain names at profit. The question i would ask is.....does the complainant have unequivocal rights to the domain name....does any other person or company trade under that name????


My belief...there are only a few domain names with unequivocal rights....toysrus is a clever one....its unique and describes its business

Lee

 

[olebean]

remember the drs appeal panel have stated it is not abusive to sell domain names at profit. The question i would ask is.....does the complainant have unequivocal rights to the domain name....does any other person or company trade under that name????


My belief...there are only a few domain names with unequivocal rights....toysrus is a clever one....its unique and describes its business

Lee

Which DRS was this?

 

[BFTUK]

remember the drs appeal panel have stated it is not abusive to sell domain names at profit. The question i would ask is.....does the complainant have unequivocal rights to the domain name....does any other person or company trade under that name????


My belief...there are only a few domain names with unequivocal rights....toysrus is a clever one....its unique and describes its business

Lee

Thanks Lee.

In relation to my name, no they don't have a claim for the name. They are however also claiming trademark infringement based on the text contained within my website too..

 

[GWing]

They contacted me with this same letter, but I had worked in a solicitors office before and knew that it is a standard letter that is sent out on all breach of civil law claims.

But this won't stand up with regards to domain names, unless you have been making money on their copyright or defaming their brand with unfair press. If it is a purely DRS matter

Just write back and say,

"your client has not requested or asked for any such interactions regarding the domain names in question. Therefore I am not responsible for any costs incurred before contact with me was attempted. Your client has failed to mitigate his/her costs by seeking legal representation when a simple personal adhoc letter would have achieved an adequate response, or even following the correct procedure laid out by the relevant governing body."

I doubt you'll hear anything back from them about their costs one they read the above.

I got a letter offering me £500 for the domains shortly after. But I just gave them back in the end free of charge because the guy was a decent chap.

 

[grandin]

picking up on the content

The issue re the name being able to be used by many i.e. the complainant does not own that name outright is only part of the issue. The name could still become abusive if you show abusive behaviour (another point the appeal panel confirmed recently)....so your content could be considered abusive if it confuses someone into believing you are the complainant or you are simply gaining revenue because you have content that attracts potential complainant customers....and you then derive a financial benefit from it (not limited to financial benefit only though)

Lee

 

[BFTUK]

The issue re the name being able to be used by many i.e. the complainant does not own that name outright is only part of the issue. The name could still become abusive if you show abusive behaviour (another point the appeal panel confirmed recently)....so your content could be considered abusive if it confuses someone into believing you are the complainant or you are simply gaining revenue because you have content that attracts potential complainant customers....and you then derive a financial benefit from it (not limited to financial benefit only though)

Lee

Thanks in this instance, they are threatening me with court action unless i hand over the domain, pay costs of £500+ and agree to pay an unknown amount of damages against them...

 

[keys]

Thanks in this instance, they are threatening me with court action unless i hand over the domain, pay costs of £500+ and agree to pay an unknown amount of damages against them...

Was this letter from a UK law firm?

 

[BFTUK]

Was this letter from a UK law firm?

Yes, regarding infringement of their clients trademarks.

 

[keys]

Yes, regarding infringement of their clients trademarks.

By far the worst one I have seen was from German law firm, as threatening as they could be. They argued a disputable claim over the domain, but it was not worth much to anyone but their client.

Upon release of the name they were satisified, no payment to them or further action.

 

[BFTUK]

By far the worst one I have seen was from German law firm, as intimidating as they could be. They argued a disputable claim over the domain, but it was not worth much to anyone but them.

Upon release of the name they were satisified, no payment to them or further action.

I think i'd settle for that to be honest, don't know how best to offer this compromise though...

 

[rob]

By far the worst one I have seen was from German law firm, as threatening as they could be.

One of the worst ones I had was when the legal company in question rang up one of my other numbers pretending to be me!

I think the aim was to dig information or at best arrange a transfer of the domain. I took a few names and addresses and then rang both their client and her boss, soon sorted that one out!

Bunch of muppets...

 

[keys]

Well I'm no lawyer, and I haven't seen any details of your circumstances. If you are willing to release the domain then tell them and send the transfer paperwork, but DO NOT admit any liability or agree to pay anything.

If you deliberately set out to sell products or services of their competitors, or as a competitior then it may be a different story.

 

[grandin]

request to goto DRS

If you are not sure of your rights you could direct them to the Nomient DRS to resolve the dispute in an amicable way...something that the courts like to see prior to any court action.

This way you do get a mediator who will pose questions to both sides and give possible results of an expert decision....will help you and the complainant determine how strong rights are

Lee

 

[BFTUK]

Thanks again for your help and advice Lee.

Would i simply refer them to the DRS in relation to their request for the domain name and answer their claims of trademark infringement seperately?

 

[grandin]

your rights

if you have no confidence in your rights in relation to the domain name then give it up. If you are not an expert but are confident that you have not acted in an abusive way then either contact a lawyer or try and refer the complainant to the DRS....the drs is cheap

Note: one of the changes to be made to the drs is that the registrant can start the drs...

Lee

 

[retired_member16]

Im always in the market for names such as this......

 

[droid]

Oops again

Hi all,

Just an update to my original post. I thought this had now been put to bed since my letter of 10th July. But oh no it hasn't. I received a letter this morning from the same solicitor:

(Skipping to the good bit)

"We would consider our client has a claim of passing off. Our client puts you on notice that unless you yield up the domain name by xx Oct our client will seek an injunction from the court and will rely in particular on the case BT PLC and others v One in a Million and others (1998 ) . our client will seek to recover the costs of the injunction from you"

It does go on to mention abusive registration too and if I destroy any info it mentions contempt of court.

Am I in the poop here ?

Gary