got my first cease email I think

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erifdekciw

erifdekciw

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May 3, 2008
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Im not sure if its a C&D, ill write it here and let me know what you guys think about the situation and if you think these guys are legit.







Dear Sir/Madam:

The undersigned law firm represents xxx, Inc. and (name of celeb).

The WhoIs data base lists Domains by Proxy, Inc. as the Registrant of the domain name xxx.com. This is obviously a privacy registration.

The Internet web site corresponding to this domain name and located at the URL xxx.com, utilizes elements of xxx and xxx(celeb name) intellectual property without xxx’s or xxx(celeb name) consent.

Consequently, we demand that Domains by Proxy, Inc. immediately reveal to us the true identity of the owner of the domain name, xxx.com.

We look forward to receiving your prompt response.


Jxxx Gxxxx

Senior Counsel
the xxx & xxx Group, LLC


and has a website that honestly looks really crappy but it does have a bio on like 3 lawyers that supposedly work there with bios and pictures. what do you guys think? ATM i took down the website and im gonna email them under a different email account asking them what the problem is. (not gonna gvie them any info of course). think there legit?
 


otane said:
Wait for the letter then change your shit.
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Uh to me it looks like they thought by emailing the protected email address, it would go to the company protecting it, not the company behind it.
I'd drop the domain and run. If you want to, you can always just launch another.
Anddd if you look at the headers you probably have their attorney's IPs. Not a bad range to block imo.
 
I had something similar happen to me, but the attorney got my shit by contacting Domain by Proxy. I had to sell my domain to the guy who had the trademark on a similar name. They have to give you time to drop it by the C/D letter.
 
I had a series of C&D letters for a number of "Prada" related domains I had.

I'd seriously consider just dropping it and running unless you think you have a valid case that you're willing to fight for.
 
I ended the whole thing in about 20 mins. using email. heres what went down.


I recieved your email. Can I help you with something?
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Are you the owner of the domain name, xxxx.com?
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Possibly, Can I help you with something?
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The e-mail I assume you’re referring to is the one I sent to Domains by Proxy; I also assume Domains forwarded my e-mail to you since I asked Domains to reveal the identity of the true owner of the domain name. My last assumption is that the domain name owner is also responsible for the content of the web site located at the URL xxxx.com.



As outside counsel for xxx, Inc., xxx and xxx, I am seeking to let that domain name/web site owner know that material incorporated into the web site violates my client’s rights. This web site is promoting xxx which the site called “xxxx”. There is no such product. The use of xxx name in connection with this or any other product is fraudulent and deceptive. The site has a hyperlink to the actual product being sold: xxxx. So the use of “xxxxx” is an obvious attempt to lure consumers into thinking that xxxx has endorsed or is somehow associated with xxxx.



In addition, the web site claims that xxxx stated on “xxx” that xxx is “xxxx” xxx never made such a claim and, in fact, believes just the opposite.



The use of xxxx and “xxxx” in the web site also deceives consumers into believing that both are somehow associated with or endorse the product being sold.



The use of xxx name in the domain name also violates the federal Anticybersquatting Act and his right of publicity.



Bottom line: all references to xxx, xxx, “xxx” or any similar references must be immediately removed from the web site. The domain name owner must also transfer to xxx all rights in and to the domain name, xxx.com. In the event these things do not occur, my clients must reserve all rights, at law and in equity, they may have in this matter.



Your response?
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If you have not already seen, there is nothing on the website. The owner has been notified and says that the site is old and has simply forgot about it. Everything has been wiped from the site and the domain name is no longer "online". As far as transfer of the domain goes (I'm assuming that's what you want according to whats been said in your last paragraph), is pointless. The content has been wiped and the domain no longer in use.

The Domain Expires on: 07-Jan-10. The domain name will no longer be used and if you would like the domain name you can then register the name on 07-Jan-10. Is there anything else I can do for you?
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Thank you. That’s fine.
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:music06:
 
Agreed- very well played.

The people behind C&Ds are normally just looking for you to roll over and play dead. If they were into extracting money from you, they'd serve you a suit concurrently.
 
I've been contacted on a few occasions. I use an overseas registrar. I tell them that if they want the domain to contact the registrar regarding transfer procedures. If he's a douchebag, I offer a more simplified explanation, registrar contact info and then redirect the domain to MMO.
 
all i do is throw up a new domain name, saves me the trouble of potentially having someone breathing down my neck if I din't do anything.
 
I got my first C&D today too, bidding on a trademark (even though the campaign had been paused for two weeks).
 
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