Domain Manage

www.the-euromillions-syndicate.com Oops help?

Discussion in 'Domain Name Disputes' started by mally, Mar 19, 2006.

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  1. mally United Kingdom

    mally Well-Known Member

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    Can I have your views on the following email I received for http://www.the-euromillions-syndicate.com/

    I have since added a box at the top of the page saying its not owned by euromillions etc.

    Quote:

    From: Colombe DOUGNAC [mailto:cdougnac@inlex.com]

    Re : EURO MILLIONS c/ THE-EUROMILLIONS-SYNDICATE.COM registered on the name of MO on October 27, 2005

    Dear Sir,

    We hereby intervene in the name and on behalf of our client, the Company Service aux Loteries en Europe (SLE) owner of the EUROMILLIONS trademarks being operated by different national lotteries.

    Accordingly, SLE is the owner of numerous « EUROMILLIONS » trademarks all around the world and in particular the following trademarks:

    - Community trademark EURO MILLIONS n°3644564 filed on January 27, 2004 in the name of SLE in classes 9, 16, 28, 35, 38 and 41

    - French trademark EURO MILLIONS n°023183558 filed on September 16, 2002 in the name of SLE in classes 9, 16, 18, 25, 28, 38 and 41

    - Community trademark EUROMILLIONS n°2987568 filed on December 23, 2002 in the name of SLE in classes 9, 16, 28, 35, 36, 38 and 41

    - Community trademark EUROMILLIONS n°2871283 filed on September 30, 2002 in the name of SLE in classes 9, 16, 18, 25, 28, 38 and 41

    - International trademark EURO MILLIONS n°847434 filed on July 12, 2004 in the name of SLE in classes 9, 16, 28, 35, 38 and 41

    - International trademark EUROMILLIONS n°855526 filed on October 27, 2004 in the name of SLE in classes 9, 16, 28, 35, 36, 38 and 41

    Moreover, our client is the owner of several domain names, notably euromillions.fr.

    We have been aware of the reservation by your Company of the domain name THE-EUROMILLIONS-SYNDICATE.COM, which proposes numerous lottery games, in particular the game EURO MILLIONS, directly competitive of our client’s business and which redirects to the general website of E-Lottery www.virtualworlddirect.com.

    We inform that the reservation of the domain name THE-EUROMILLIONS-SYNDICATE.COM and the use of the denomination EURO MILLIONS without any authorisation of our client infringe the trademark rights of SLE.
    Indeed, customers could believe that the website is accredited by our client.

    Moreover, considering the well-know character and the success of the game EUROMILLIONS through Europe, this use has been made without any bona fide and appears to be highly fraudulent.

    Indeed, the use of the term EURO MILLIONS, which is well-known, is a good way to attract customers to your business.

    Thus, you are making an illegitimate use of this denomination, with intent for commercial gain to divert consumers and to tarnish the trademarks at issue.

    Consequently, we request that you immediately proceed with the retrocession of this domain name to our client for you out of pocket expenses and to stop the exploitation of the website.

    If we have no positive answer immediately we will recommend to our client to take legal steps against you and in particular to engage an UDRP complaint against you before WIPO.

    Looking forward to reading from you,

    Yours faithfully,

    Eric SCHAHL / Juliette ROBIN


    ** Any idea how much out of pocket expenses cost ***

    Any advice please
     
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    Acorn Domains Elite Member

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  3. domaingenius

    domaingenius Well-Known Member

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    To be honest on this one I think you will stand no chance whatsoever of defending it ,and is it even worth defending .
    I would let them have it for £100 max. I checked the TM and several people have them for lotteries so you stand no chance at all especially if you use it for lotteries.

    DG
     
  4. retired_member27

    retired_member27 Retired Member

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    If the email is legit and their client does own all the trademarks then I'm afraid you don't have a leg to stand on, but most importantly IMO they can sue you for all the income that you have ever earned since owning the domain so be careful. If it was me I would let them have it for free and move on.
     
  5. mally United Kingdom

    mally Well-Known Member

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    Wierd though because the lottery syndicate I promote buys euromillions tickets!
     
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