the fuck is this?

A

a!!!!1

Banned
Apr 20, 2008
508
7
0
I'm not a domainer I just register the shit I need so I've never seen this before. Is it legit or what?



As you may be aware, Fox Mobile Distribution (“FMD”) and its related entities own intellectual property rights in and to the RINGTONEKING trademark. FMD is one of the world’s leading distributors of mobile entertainment and has the industry’s broadest array of mobile products and services available directly via mobile phones. Its products and services offerings consist of more branded popular content from around the world, more chart-topping ringtones from top music labels, more mobile games from renowned game developers, and more original content made exclusively for mobile phones than any other mobile content distributor.
It has come to our attention that you have registered the domain name “ringtonekingz.com.” FMD is very concerned over your registration of this domain name as the RINGTONEKING mark has been exclusively associated with FMD’s mobile content. As evidence of its rights in and to the trademark, FMD has secured several U.S. and foreign trademark registrations for the RINGTONEKING mark.
As you may know, the Anticybersquatting Consumer Protection Act (“ACPA”) prohibits the registration, trafficking in, or use of a domain name that is identical or confusingly similar to a trademark of another that is distinctive at the time of the registration of the domain name, with the bad-faith intent to profit from the goodwill of another’s mark. Statutory damages under the ACPA statute alone may be awarded up to USD$100,000 per domain name.

Your registration of “ringtonekingz.com” violates the ACPA because it is confusingly similar to FMD’s valuable RINGTONEKING trademark. Further, your use of the domain “ringtonekingz.com” is clearly an attempt to confuse or deceive the public as to the origin, sponsorship or approval of the goods, or commercial activities conducted by your website.

By registering “ringtonekingz.com” you have deliberately created a false affiliation, connection or association between you and FMD. Obviously, you registered this domain name intending to cause confusion and/or to profit from the well-known status of the RINGTONEKING trademark and websites. Your registration constitutes willful trademark infringement under federal law.
Finally, we note that your registration of the “ringtonekingz.com” domain name violates the Internet Corporation for Assigned Names and Numbers Uniform Dispute Resolution Policy (“ICANN UDRP”). It has been consistently established in complaints brought under the ICANN Policy that the mere addition of letters such as “com” does not alter a mark sufficiently to negate the confusingly similar aspects of the domain names to the mark. See Arthur Guinness Son & Co. (Dublin) Ltd. v. Healy/BOSTH, D2001-0026 (WIPO Mar. 23, 2001) (finding confusing similarity where the domain name in dispute contains the identical mark of the complainant combined with a generic word or term); see also Am. Online Inc. v. Neticq.com Ltd., D2000-1606 (WIPO Feb. 12, 2001) (finding that the addition of the generic word “Net” to the complainant’s ICQ mark, makes the <neticq.com> domain name confusingly similar to the complainant’s mark).
While FMD is prepared to take whatever necessary action to prevent the continued misappropriation of its valuable intellectual property rights, we trust that you would prefer to resolve this matter amicably and without the necessity of formal proceedings. We therefore demand that you immediately, and at your own expense, transfer ownership of the <ringtonekingz.com> domain to FMD or its designee, that you further agree not to register any domain name comprising or including RINGTONEKING, any other of FMD’s properties or marks, or any other designations confusingly similar thereto.

Should you refuse to comply with any or all of the above demands by the close of business on October 5, 2009 we will consider exercising all remedies available to FMD, including taking action against you without further notice to you.

This letter is without prejudice to FMD’s rights and remedies, all of which are expressly reserved.

Very truly yours,

/Tina Pompey/

Tina Pompey
Vice President, Intellectual Property
Fox Group Legal
2121 Avenue of the Stars, Rm. 777
Century City, CA 90067
310-369-7630
foxip@fox.com
Click to expand...
 


Sounds legit to me. Post the header to be sure.

Edit: , with the bad-faith intent to profit from the goodwill of another’s mark.

sounds like you might not have been bad-faith'd in your registration. haha. perhaps you're fine.

 "Obviously, you registered this domain name intending to cause confusion and/or to profit from the well-known status of the RINGTONEKING trademark and websites. Your registration constitutes willful trademark infringement under federal law. "

That isn't obvious to me, but I suppose I'm not a lawyer employed by FOX to intimidate people in to giving up their domain names...
 
Refrozen said:
Sounds legit to me. Post the header to be sure.
Click to expand...

Sender: Traci Himes-Escamilla (Traci.Himes-Escamilla@fox.com)
SENT ON BEHALF OF TINA POMPEY
September 28, 2009
Via E-mail and First Class Mail

c87720c9c1b2499390f07523b11a5e2d.protect@whoisguard.com

WhoisGuard
8939 S. Sepulveda Blvd. #110 - 732
Westchester, CA 90045

and

care@mobilefunster.com/pr@mobilefunster.com

Mobilefunster
Funmobile Games Inc / Funmobile Ltd
197 Portland
Boston, MA 02114

Funmobile Games Inc / Funmobile Ltd.
1500 Fashion Island Blvd Ste 209,
San Mateo, CA 94404
Re: Unauthorized Registration of ringtonekingz.com Domain Name
Refrozen said:
"Obviously, you registered this domain name intending to cause confusion and/or to profit from the well-known status of the RINGTONEKING trademark and websites. Your registration constitutes willful trademark infringement under federal law. "
Click to expand...

Yeah that's the part that sounded scammy and unprofessional to me. First of all no one has even heard of "RINGTONEKING" and second, it's not like it's such an original name that I'm "obviously [copying it]".
 
Fox do own the RINGTONEKING trademark it seems:

Fox Mobile Distribution GmbH

Apparently in Germany Ringtoneking is the equivalent of Jamster:

"In the second half of 2004, Jamba was sold for 223 million euros of VeriSign.
Im März 2005 wurde mit Ringtoneking eine zweite Marke geschaffen, die den gleichen Inhalt wie Jamba in lediglich optisch leicht veränderter Form anbot.​
In March 2005 Ringtone King was created with a second brand, which offered the same content as Jamba in optically only slightly altered form.
Die Vermarktung von Jamba und Ringtoneking wurde zentral von der Jamba zugehörigen Agentur „Lorena Media“ gesteuert.​
The marketing of Jamster Ringtone King and was centrally controlled by the appropriate agency Jamba "Lorena Media."

Fox Mobile Distribution ? Wikipedia
 
Oh for god's sake. I woke up this morning to find out they actually contacted Funmobile too and asked them to ask me to take it down. One dickroll coming up.
 
Looks like a legit C&D to me. If you are in the US that could be a problem under ACPA (100k damages). If the domain is valuable and you have some ground to stand on (or want to fight it) get a lawyer. I recommend Stevan Lieberman (aplegal.com), John Berryhill(johnberryhill.com), Ari Golderberger (esqwire.com).
 
give them an evasive answer tell them to go fuck themselves. its like the guy who madonna tried suing because he registered madonna.com. She lost and so will they.
 
Yeah I'm pretty sure they'd lose but seeing as I just use it as a jump url it'd be a lot easier to spend ten minutes switching the links than it would to hire a lawyer and all that bullshit. I actually got another email from Funmobile's VP asking me to take care of it so we don't have to deal with it, so hey Fox it looks like you win, you just got a free $10 domain.
 
lesson 1.

never use your real details when registering domains.

lesson 2.

have multiple affiliate ids. use one for 'dodgy' domains.
 
You must log in or register to reply here.
Top Bottom