Can anyone help me?
I received a legal document this morning regarding the domain name that I registered last month via Fedex.
It is about the unauthorized use and registration of that domain.
It's been claiming as an intellectual property.
Previously, I used that domain to use it in an intention of joining an affiliate program, which redirect consumers to various pages within the Widget company.
But a day after placing the affiliate code on the website, the Widget company has terminated my membership due to violation of agreement. Yes, I agree that I didn't read a whole agreement.
As I no longer need that domain name, I put it in an auction forum, which buy and sell domain.
I successfully sold that domain name for a price of $20.
Tha main thing is, referring to the letter, my action constitute trademark infringement, dilution and unfair competition under United States federal law. These laws provide for injunctive and monetary relief. Monetary relief may include profits, treble damages and plaintiff's costs and attorneys' fees in the lawsuit.
My action also subject me to action under the Uniform Domain-Name Dispute Resolution Policy as adopted by the Internet Corporation for Assigned Names and Numbers, and under the Anticybersquatting Consumer Protection Act. This latter provides for damages of up to $100,000 for each bad-faith registration of a domain name.
What do I have to do is:
1. cease and desist from any further use, registration, or offering for sale of that domain name
2. and transfer that domain name to that Widget company
But, I had already sold that domain name to somebody.
In order for me to resolve this matter, I must send them a written assurance to them, that i will comply with the term of the letter.
The only way to ensure that this matter is resolved expeditiously is to transfer the domain name to that Widget company. Any other action, including canceling or abandoning the registration will delay resolution.
I'm sure some of you may experienced this matter. Kindly give me an advice, not only for me, but for those who might encounter this problem, later in the future.
Thanks for reading.
I can imagine that a lawyer could view the domain transfer as a further ill-motivated (malicious) step to infringe on his client's rights by attempting to "move the target". Selling the mark, if the claim is valid, is unlikely to make you less accountable AND is more likely to make you appear to have guilty knowledge if the sale followed the date of the letter.
Talk to a lawyer. (No me, thank you.)
I received a legal document
And there's the important point - thanks, Webwork for pointing it out.
I appreciate the need for some kind of commiseration from your peers, but this issue is really up to you and your counsel, and not a public board.
