Ok, I know I should see an attorney, but thought I would get some of your thoughts first. Here is the situation:
About a year ago, I was interested in purchasing a well known Cruise Vacation franchise. The company name I will give the fake name of: Cruise###
I noticed that the company had Cruise###.com registered for their site, but Cruise-###.com was available. So, I registered it with GODADDY.
Later, I decided I didn't want to do the Cruise Franchise. However, the name has still been sitting there doing nothing. Today I get a cease and desist letter from a CRUISE### attorney. They are accusing me of making a profit from their trademark, and accusing me of serving up Pay for Performance ads with the Cruis-###.com domain for my own profit.
I've never made any kind of profit from this domain. The only thing I have to show for it is the registration fees I had to pay OUT to register the domain. It does appear that Godaddy is using the page to serve ads. I didn't even realize this until today as I have never even visited the domain before.
I have no problem with them feeling that it violates their trademark, or ICANN or Cybersquatting laws. But, the part of the letter that accuses me of making a profit from the domain really makes me angry.
Here is part of the letter:
Do any of you have any advice in this situation?
Should I just transfer the domain over to them and forget it?
I really hate when someone accuses me of something. I suppose there was some kind of wording in the Goddady sign up letter that stated they would be using the domain for advertising until I did something with it. I never really read all that stuff. Anyone else ever have this happen?
[edited by: DaveAtIFG at 11:00 pm (utc) on May 7, 2004]
[edit reason] No email quotes, TOS 9 [/edit]