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Unauthorized use of Trademark

Demanding me to turn over a domain name to them

         

thegreatpretender

1:37 pm on Jul 25, 2005 (gmt 0)

10+ Year Member



I have just received a demand letter (thru fedex) today from a dot.com owner from the U.S to turn over to them my dot.net domain.

They also tell me this:

"To resolve this matter amicably , we must receive your written assurance by aug 3 , that you have complied and will continue to comply with terms of this letter"

It's scary but I really like the domain. I didn't know that it was their trademark except that they have the dot.com name. It's just one of my collection, though I put affiliate products from amazon, which is also the same product they are selling.

In the letter, they are also mentioning a US law, which they say the company is entitled to injunctive relief and monetary relief, including your profits ( I haven't made a dime since I put it up 6 months ago), treble damages, and its costs and attorney's fee in a lawsuit.

I'm a little bit scared but I don't want to lose this domain. It's a combination of two generic name. Can they really own this?

What should I do?

Any suggestion is greatly appreciated.

Thanks

emodo

2:02 pm on Jul 25, 2005 (gmt 0)

10+ Year Member



Speak to a IP lawyer today.

Webwork

2:10 pm on Jul 25, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



TGP - Per the WebmasterWorld TOS and this forum's Charter we only discuss general legal issues, those that are of concern to the whole community, and when we do discuss general legal issues we don't do it for the purpose of offering guidance to a member dealing with a specific set of facts.

Sorry, but webmaster's don't make the best lawyers, just like lawyers don't make the best webmasters. ;)

In situations the only advice given at WebmasterWorld is: "Talk to a lawyer - soon."

Good luck resolving this issue.