Discussion:
What is the name of your state? California
About a year and a half ago, I registered a domain name that I was going to use for a company that I was hoping to get started. I setup a home page stating that the website was the future home of my business. Unfortunately I was never really able to get the business started but kept the domain name registered in hopes of someday getting the business started.
My problem is when I registered the domain name I did not realize that a company in New Jersey had the same business name as the one I was hoping to start. I have recently received a letter from a copyright attorney stating that they wish to talk to me regarding the domain name that I have registered. It is nothing threatening, just a simple request that I contact them.
What sort of legal matters could arise from this situation?
Should I speak to them directly or should I get an attorney to call them?
Would they have a right to ask me to stop using that domain name?
Any advice regarding this matter would be GREATLY appreciated!!
Thanks
-RoujinZ
Answer:
What sort of legal matters could arise from this situation? They could try to sue you for the name or copyright infringement. However, since you are located in California and that's where you were when the registration was made, I doubt they would do so. Or have much of a case.
Should I speak to them directly or should I get an attorney to call them? It depends on how easily you are intimidated. If all you want is to learn about their concerns, have them write out what they wish to speak about in a letter to you. If they are willing to do this fine, read it and then make a decision.
If they are not willing to do so, then tell them you will have your attorney contact them.
Also, send any correspondence to them Certified (RRR).
Would they have a right to ask me to stop using that domain name? Of course, I have the right also to ask you to stop using the name. Whether they (or I) have the right to prevail in a court action is another matter.
Simply put, ask what specifically they want to talk about and go from there. And keep a papertrail.
Answer:
"What sort of legal matters could arise from this situation?"
*** The gamut of 'legal matter' could run all the way from nothing at all, to a claim that you are a 'cybersquatter' and demand re-assignment of the name.
"Should I speak to them directly or should I get an attorney to call them?"
*** At this point, there is no reason NOT to talk with them and see what they want. You can always consider legal counsel AFTER talking with them.
"Would they have a right to ask me to stop using that domain name?"
*** Depends on the FULL facts, but probably. The fact that you registered the name and did not use it in the past 18 months would likely be perceived as 'cybersquatting'. And that usually results in an order to release.
Answer:
I just love it when JETX uses words like gamut. It's so cool.
Answer:
I knew you liked that one...
Happy trails... to you....

Answer:
And happy trials to YOU.
Answer:
Well I do appreciate all the advice that I received in this forum!! What a great place to have for those of us that can't really afford a lawyer.
Well I took your advice and just gave them a call and they mentioned about possible copyright infringements and all that stuff, then they said that they wanted to buy the domain name from me.
WOW! I never thought someone would want to buy the domain name from me. So I did agree to sell it to them for the price they offered so I could avoid any further legal problems. After all I havent got my business started yet and I can always pick another name.
Thank you for all your help!
It was greatly apreciated.
Answer:
So, what is the sales price??
And where is OUR cut??