Lawyers asking me to transfer my domain to them

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2stroke

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May 29, 2007
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I own a domain that is the name of a professional athlete. I was contacted by group that represents this athlete saying it has come to their attention that I currently own the domain. They say there are Federal, State and International laws prohibiting individuals from registering domain names identical to or confusingly similar to another individual’s names when the registrant has no legitimate interest in respect to that domain name and they want me to transfer the domain to them.

What are my options? Should I do?
 


I`d say fuck them until you get formal notice, then stand firm and offer them the domain for a "small compensation to cover your costs, lost revenue and such" but it`s hard to give advice without knowing the specifics i.e. is it worth to for them to chase you down. Just don`t go all wobbly anytime someone makes a wish lol.

cheers
 
That's a law I have never heard of relative to domains. Have you developed the domain geared towards that athlete? If so it's possible they may have a case. If it's parked, or developed around something unrelative to the athlete, who is to say the domain is your buddies name and that's why you registered it?
 
Hmmm. I seem to recall, a while back, some troll sending out fake letters like that, getting domains transferred to him. I've since lost track of where I read that or heard it.

Call 'em on the phone to see if it's a real law outfit, then make them prove they have a case. If someone answers "hello" like it's a home phone, just hang up. If you get a receptionist, ask for info about the company, like you have a package to deliver or something. Address, hours, etc.

Even if they are real and try to assert they have a case, it'd be a good idea to get a free consult from a local mouthpiece, to see where you stand. I beat the threat of a patent infringement suit because I stood up to the lawyer that mailed the letter. They were trying to intimidate me and it didn't work, they didn't really have a case at all.

I wouldn't just hand it over. Make them actually serve you with a summons then, if it's real, you can hand it over and end it.

Anyone can dummy up an official looking letter these days. Do not go quietly!
 
Tell them you have legitimate interest in the name because you are intending to impregnate your wife or future wife with a child by the name of Reggie Bush and you purchased the domain to honor that child.
 
I have had this domains since march 2000 and it ranks #1 in google for a lot of keyworks and has a good number of back links. I have spent a lot of time on it. I have setup the site to be a fan site and I adsense on it and a few banners. I know they are the company that represents them and they are huge. They are one of the biggest sports agents around.
 
I would legally change my name to that of the athelete and then send them a copy of my driver's license.
 
So why do people spend their time on copyright or trademarked terms? The most I'd do is arbi or a simple static site......
 
aeiouy said:
I would legally change my name to that of the athelete and then send them a copy of my driver's license.
Click to expand...
turbolapp said:
Tell them you have legitimate interest in the name because you are intending to impregnate your wife or future wife with a child by the name of Reggie Bush and you purchased the domain to honor that child.
Click to expand...

I can't decide which idea I like better lol.
 
If it's not a profitable site, just offer to sell it to them. Make the selling price a lot more than you think it's actually worth. Chances are, they will just pay it and move on. They don't want to be involved in a lawsuit anymore than you do.
 
I'd say don't respond at all till you get a formal notification by certified mail. If they are real and you show an interest in selling it, you could have a very weak case if they go to WIPO. And keep a watch at the email in your whois information if they have WIPOed you. Else consider it the common scam of fake lawyers trying to grab your names for free.
 
The issue is whether you registered the domain in bad faith or not, lets assume that you didn't and you have no desire to relinquish the domain-

I was in a similar position once except my opponent was a multi billion dollar tobacco company that will remain nameless-

They demanded the domain transferred to them but since I have a background in law I was more than ready to fight fire with fire, I find going straight on the offensive works better than negotiation since negotiating implies guilt-in my particular case I got tired of the bullshit and responded with-

Dear Mr XXXX,

I am fully aware of the XXXX's trademark (number XXX7757 registered on the 10.12.1999 as well as XXX5131 and XXX1764 ) However in my particular case I am not infringing on said trademarks since I did not register the domain in bad faith, I have not exploited the trademark XXXX XXX financially and have not used it with any reference or endorsement whether official or not to the XXXXX group, I did not cybersquat and did not buy it with the intention of reselling said domain with regards to the trademark. Hence kindly do not threaten me with fallacious legal claims, XXXX XXX is a generic sentence and I have not expressed bad faith in anyway in regards to the domain name and subsequently its trade mark in regards to XXXX products,

Sincerely, Thomas ect.

-its been two years and they have not replied (I still own the domain)

Bear in mind that;

I have no problem going to court if the situation escalates to that point, but I can represent myself-you might not be comfortable doing so, Most companies will not go to court over this unless they are web based and the business depends on online brand recognition, since that is not the case with regards to your particular predicament I would suggest either ignoring it [since as already stated if there were serious they would have sent a written letter] or pointing out that your intention was not to exploit the fame of said athlete for financial gain but rather as a personal website with respect of said athlete as a focal point.

Hope that helps. :)
 
I've got a first class C&D coming to me as we speak, they managed to find the domain within the first 5 days so I just deleted it. Just because it's a TM doesn't mean you don't have rights to it. I'm pretty sure fan sites and suck sites can use TMs.
 
i`ve had a few of these emails and usually just ignore them till they go away
it works for me :D
 
I recently received a C&D via mail. It is the name of a corporate exec. I was thinking of putting up a site with a picture of a yorky puppy and introducing it as the newest member of our family (the name of the dog being the exec). Anyone ever actually take this further?
 
I would not offer to sell it to them ...as that shows you may have had intent to squat.

Let them approach you about purchasing the name. That is the smarter way to do this.

-=Chipmunk=-
 
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