f*** - C&D Notice

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Wayne

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Feb 22, 2007
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I registered domain with exact name of one of TV reality show (in other country) and had kind of fan site developed on it.

Today I got C&D notice from their lawyers - its not bluff because they sent it in email and by international courier.

What can I do? (well apart from surrendering domain name). I am willing to sell it if they are SO interested in it:rasta:

I live in US - can they sue me in another country or in US for it?
 


While I'm by no means an expert in these matters, I do feel that running a fan site on the domain is a legitimate use. I would sit tight, but if they get heavy handed then offer them the domain at a price that covers your "costs".
 
I got a demand from the lawyers of the International Olympic Committee a few years back demanding I hand over a domain with the word Olympic in it.

I ignored them and got more nasty letters, sold it to some idiot for $50 and let them deal with lawyers :)
 
I'm no lawyer, but I would say that if the term is trademarked they have a legitimate case and are not likely looking to buy the domain off of you.
 
Nope. If you used the exact trademark, you can just give it up.

::emp::
 
ironically if you buy a domain like trademarksucks.com then you are utilizing your freedom of speech and keep it.
 
I registered domain with exact name of one of TV reality show (in other country) and had kind of fan site developed on it.

Today I got C&D notice from their lawyers - its not bluff because they sent it in email and by international courier.

What can I do? (well apart from surrendering domain name). I am willing to sell it if they are SO interested in it:rasta:

I live in US - can they sue me in another country or in US for it?
It all depends on intent. Since you are running a fan site, I guess you are monetizing it too. If that is the case, they can take you to WIPO and say that you intent was just to monetize on their trademark and take your domain.

Now the thing is -- HOW important is the domain to you? If it is making you money or very important to you, I'd hire a lawyer specializing in domains, else, I'd just let them go to WIPO and take the domain.

ALSO -- DO NOT reply to the email with a counter offer or anything. It can all be used against you as proof.
 
A friend of mine who runs a fansite based around a popular full-contact fighting league got a C&D supposedly from their lawyers. He ignored it and months later hasn't heard from "them" again. The document was most likely bogus in his case, and possibly in yours as well.
 
It's in another country... What's the TLD? Are you hosting it in the US? Unless you are using an international tld, hosting internationally, etc., it may be more trouble than its' worth because they have to come after you in US courts.
 
A friend of mine who runs a fansite based around a popular full-contact fighting league got a C&D supposedly from their lawyers. He ignored it and months later hasn't heard from "them" again. The document was most likely bogus in his case, and possibly in yours as well.

Lawyers like to take their sweet time, it runs up the hours spent on a case and subsequently their fees.
 
Start a donations section on the website and advertise your trying to by the show. You might as well piss em off while your waiting to sell the site.
 
They have been contacting the host and my stupid host suspended site just because they said they hold copyright to it (how the f*ck host can make judgement without substential supporting documents)

I know why they are after JUST me. There will be tons of sites opening with similar name when their show starts in a month but I hold the EXACT name (.com) and already rank #1 for their show name (I wrote unique content etc - so google like it :D ).
 
I know why they are after JUST me. There will be tons of sites opening with similar name when their show starts in a month but I hold the EXACT name (.com) and already rank #1 for their show name (I wrote unique content etc - so google like it
biggrin.gif
).
That's the best part of Google Love! =D

BTW Moved it to the right section.
 
If it's legit give it up, buy a similar domain name and then move your site there.
 
They have been contacting the host and my stupid host suspended site just because they said they hold copyright to it (how the f*ck host can make judgement without substential supporting documents)

I know why they are after JUST me. There will be tons of sites opening with similar name when their show starts in a month but I hold the EXACT name (.com) and already rank #1 for their show name (I wrote unique content etc - so google like it :D ).
Nobody can hold a copyright for a name... Your host is a fucking moron. Hosts have to act in copyright cases per the DMCA, but there's no law like the DMCA for trademark infringement. Does the show have a trademark on that name in the US? If not, they have no legal position to demand the name from you, similar to how Google will only protect trademarks in the countries that they are registered in.
 
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