Discussion:
What is the name of your state? Iowa
I have a domain that is similiar to something like "Chevrolet Cars.com"
I just received an email from "Chevrolet" and they told me that I have 15 days to stop using the site or I'll be sued by them.
Here's part of their email:
Our clients are the owners of the
service
mark ******** . Our clients' mark has been used continuously in the United
States
and has become well-known. The mark is also registered in
the
United States under numerous trademark registrations, including
******** , **********, *********. Full details of each of these registrations can be
made
available to you, but we are certain that you are well aware of the
renown
of our clients' marks.
Our clients have become aware that you have registered and are
utilizing the
domain name ************* to divert Internet traffic away from
our
clients' websites. As this domain name wholly incorporates our
clients'
service mark ******** and also describes our clients' services, the
unauthorized use and registration of the domain name and the apparent
intention to profit from its registration, constitutes trade mark
infringement and cyberpiracy. As such, these activities are in
violation
of our clients' rights under applicable federal and state laws.
Indeed, the
Anticybersquatting Consumer Protection Act ("ACPA") grants to courts
the
authority to award up to $100,000 in statutory damages, plus attorneys'
fees.
We, therefore, demand that you immediately undertake the following:
1) cease use of the ************** domain name; and
2) assign to our clients the ************* domain name.
Our clients are prepared to reimburse you for your reasonable costs in
registering and transferring the domain name.
Unless we receive your written assurances within 15 days from the date
of
this letter that these steps have been taken, our client will consider
taking the appropriate action against you and any other persons
responsible
for these unlawful activities.
This letter is without prejudice to any other rights of, or remedies
available to, our client, all of which are expressly reserved. At this point it is nothing. I just bought the domain 4 weeks ago and planned to use it as a fan site.
I heard that there is a site
Why aren't they getting sued?
Answer:
What is the name of your state? Iowa
I have a domain that is similiar to something like "Chevrolet Cars.com"
I just received an email from "Chevrolet" and they told me that I have 15 days to stop using the site or I'll be sued by them.
Here's part of their email:
At this point it is nothing. I just bought the domain 4 weeks ago and planned to use it as a fan site.
I heard that there is a site
Why aren't they getting sued? Q: Why aren't they getting sued?
A: We cannot answer hypothetical questions.
Answer:
Q: Why aren't they getting sued?
A: We cannot answer hypothetical questions. That's rich!
It's not hypothetical, it's a FACT that they are not getting sued.
Hypothetical would be, "how would someone sue them?"
This is one funny site!
I love it!
Answer:
...Hypothetical would be, "how would someone sue them?".... And you can prove a negative by [fill in the blanks below]:
Answer:
Since you are not yet using the site, you have a couple of options. First, and probably easiest, is to relinquish your registration of the domain. Chevy does have the servicemark for Chevrolet, and can legally stop you from using it. Second, you can respond to Chevy's letter with one of your own (highly recommend getting an attorney to write it) stating why you believe you are fairly using Chevy's servicemark and why and how you are not violating the anti-cybersquatting legislation.
Why is Best Buy not suing? That's a question only Best Buy can answer. Just like you can sue anyone for anything, you can always not sue when you have the right to.
Answer:
I have contacted them and told them I would transfer the domain to them....they have not replied.
I will have to look into finding if there is a way I can just relinquish ownership without tranferring the domain to anyone.
Answer:
I have contacted them and told them I would transfer the domain to them....they have not replied.
I will have to look into finding if there is a way I can just relinquish ownership without tranferring the domain to anyone. Fancy seeing you here, iowa. I replied to your thread about this in another
forum.
You can't relinquish ownership of the domain name without transferring it to
them...unless they'll make you its "caretaker", so to speak.