Got an email today about a domain I own.

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PunchMyFace

PunchMyFace

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Apr 6, 2007
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This is it, what do you think I should/could seriously ask for? She is a famous actress. Not super famous but famous enough.

My name is xxx and I'm with a company called xxx. We represent the xx family and are handling all of their online and website businesses. We recently learned that you registered the domain name, http://www.caseypatridge.com/xxxx.com, and wanted to reach out to you. The xxx family is in the process of filing for trademark protection on the name "xxxx", along with several others. Once filing is complete, you will be required to release the name back to the rightful owner.

We have two options at this point which we wanted to discuss:

1. The xxxx family is willing to pay a nominal fee to purchase the name directly from you and make the process much smoother/simpler for all parties involved. This is the preferred method and we hope to accomplish this.

-OR-

2. The attorney for the xxxx family will contact you directly and initiate the required legal process to obtain ownership of the name.

Please reply to me at this email address and let me know if we're able to work something out...
Regards,

xxxxx
xxxxxxxxxx
 


How much is the site making? This is a pretty simple decision, offer them 2-3 times what your making on it yearly and call it good.
 
Hell I'd go file to trademark the name and see if I could beat them to it. Why should they be able to trademark it when you already own the domain for it and were already doing business under that name first.
 
There is no way to determine that. Has anyone here actually been to court of trademark domain issues? Because I have. I've taken domains that include trademarks I own away from plenty of dumbasses who wanted to screw around with it. I've also lost my battles in cyber squatting cases as as an affiliate as well. So I will just comment on what I've actually been through in particular.

In this particular case, there is no harm, no foul as of yet. The very fact they are offering to buy it should be considered. No idea what the intentions were on this but if you were doing this on purpose to game, then go for monetary. That was probably the goal anyway.

Later on if they do trademark it, regardless, if they do all they can do and dont get it then file a dispute against you, depending if it's a common law trademark or a federal trademark you will either have to go to the state of the registered common trademark or a place of venue which they will name in the suit. There will be a arguement presented between you and them and it will go something like, "I owned the domain" before they trademarked it. But now they will say I own the trademark therefore you cannot use. Much like Myspace did on the myspace.com domains and they took a load of shit back. So it;'s really up to you on whether the hassle is worth it or not.

I've taken affiliate marketers to court before and they seemed like internet toughies but in a court room, they always shit their pants because despite what they think they know, they are not REALLY represented legally and dont have a fuckin clue as to what to do. Most of them dont think it will ever go that far, but these days, you would be surprised.

Legal costs arent the only thing you have to worry about. What about the stress? What about the time away from your business? What about the lost focus? It's all about what you want to do but at least they offered to buy it from ya.

Where the fuck is Lord Brar? He's probably been into more domain shit then I have.

Hell I'd go file to trademark the name and see if I could beat them to it. Why should they be able to trademark it when you already own the domain for it and were already doing business under that name first.
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It's can actually be quite a process Mike and cost a bit of cash. Your asking a question that a lot of people would like the answers too but I assure you that with as many grey areas as there are around trademarks if you do end up in a court appointed dispute the very fact that someone actually did register the trademark common or federally is going to play a very critical role in the outcome of the decision which most of the time in my experience goes to the trademark owner.
 
If you own a domain and then somebody registers a trademark then you must hand it over? Wtf?

So in theory, if I saw a domain I really wanted I could then register a TM and take it away?

EDIT: Also, is the following illegal? Or is it seen as the owners own fault if they fall for it?

ayzo said:
"domainers" who send these fake legal threats out to get free/cheap domains that have traffic.
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That message doesn't sound very legit to me. I would definitely check into the identity of the person/company that sent you the message. Could be a bs attempt to get you to sell the domain. I own quite a few domains and have had gotten some pretty outlandish emails, none of which turned into anything. If they're just now getting around to trademarking the name and you've had the domain for a while, they really don't have a right to it.

If it does turn out to be legit, then you have to weigh your options and whether it's worth a fight or not. Find out as much as you possibly can about these people before you even attempt to negotiate some sort of deal.

Are you making much with the site?

Edit: Actually, if you post a bit more info about who's contacted you, there are WF members who can really dig up some background stuff and check legitimacy...
 
These guys are also speaking the truth. My response was purely aimed as if the claim was actually valid. Actually researching this info now with Punch.


I would like to break this email down because I think it's bullshit.

1st - Require them to provide you with legal credentials regarding their business. If they are indeed in business, I always supply credentials to prove I am who I say I am.

2nd - I can already tell you the letter is invalid and I mean legally invalid. They say in the second sentence that they represent the family but tell you later on that the lawyer for the family will contact you. Bogus. The very fact this wasnt legally drafted and sent makes this invalid. Of course, this has also been fought before (see layman contracts).

3rd - They say the family is in the process of filing for the trademark but then they say that once that is done you are required to hand the domain over. First off, you aint required to do shit. The only thing you are required to do is accept their terms or dispute them outside of court or inside. They will have to provide documentation of the trademark and you should definitely ask for this. As of right now, they dont have shit, so tell them to contact you back when they do.

4. The options they are give you are vague because after establishing the trademark they could easily supply the credentials verifying this and then you could simply release the domain for a fee or free.

A very vague email and after looking at what you gave me punch, I think they are blowin smoke up your ass. You could have them make an offer (not advice, just a suggestion) and see if you make any money. If you aint happy with the offer, personally if it were me, I always wait until they supply the actual trademark documentation. Unfortunately in the cases I lost, I was fucking around with people who werent bullshittin me.

 
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Don't give in to their attempt to intimidate you. Adapt their tactic, with the core of your reply being:

A - you may purchase the domain for $xxxxx. This offer is valid until date.
B - please advise the attourney you mention to contact our attourneys at xxx directly. Rest assured they have already been briefed about your letter.

Do remain professional, but show them that their joe sixpack rhetoric won't work with you by subtly mocking them in their faces.
 
Trademark is one thing but dont forget about the UDRP process, if the domain has been parked and showing ads for the actresses name - they'll more than likely consider it used in bad faith and turn it over to them. All this if the original email is truth.
 
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