Letter of Cease and Desist - please provide your advice

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AudienceSnipe

AudienceSnipe

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Nov 28, 2008
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hey guys, so today i got a cease and desist notice from enable witholdings, inc., demanding that i immediately cease the use of my 2yr old domain youbidyouwin.com, transfer it to them and pay them a settlement of 15k in damages for trademark infringement of their domain ubid.com.

i threw up an auction site template, but never developed it any further, therefore i haven't trafficked it or used it for commercial gain as they've stated. also, the two domains aren't even close, so wtf are they talking about? i kno they're prob trying to just scare me and make some $ seeing that it's owned by an LLC, so they prob think i'm some big company.

i know many of you guys are gonna prob gonna say tell them to fuck off or dickroll them, and that was my first reaction too, but i need some real advice since i know many of you prob have received letters like this being in this business. anyone who has ever successfully negotiated a sale, pm me, maybe we can discussion some kind of commission.

any advice you can offer will be greatly appreciated.
 


A c&d means not much, if they file suite, then I'd be a little worried. Frankly getting the domain name is one thing, but they have no grounds to demand 15k, on what basis?

Tell them if they want it to come get it. They would have to prove in court that some reasonable person could confuse your domain, for theirs.
 
Should add that you don't have to even respond, but if you do call out their bluff.
 
i am not a lawyer but since your URL is youbidyouwin the you win part makes it different than then their mark of ubid (unless that URL is a slogan they trademarked)

Tell them to fuck off and come get you, it'll cost them tens of thousands to fight and the mark is so different no court will say otherwise
 
If you want real advice get a lawyer. All you're going to get from us is a bunch of hot air.

That being said, I would say wtf? How is youbidyouwin in anyway a trademark infringement of uwin? It's not even ubiduwin which would still be questionable. My personality is the type where I would laugh in their face and tell them to fuck off with something that ridiculous. I can't see any court ever going their way on that but if they want to take it that far you're going to be out of alot of cash getting there. They are either hoping to scare you now to fork it over (hoping you'll say I can't pay you but I'll give you the domain) or they have enough money to pay the lawyer to bankrupt you enough to fork over the domain.

Basically it's how much they want a domain that doesn't belong to them if there willing to pay a few thousand for it (to a lawyer instead of a domain owner) then what do they care who it belongs to?

I hate this crap, it really pisses me off. Talk about frivilious lawsuits.
 
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I could get all upity but Turbolapp pretty much said what I was thinking (especially the part about getting real legal advice, preferably from an attorney that specializes in trademark and domain law). This stinks of nothing more than bullying. I'd tell them that you have big plans for your domain, and if they want it, they will have to make a very generous compensatory offer for you to abandon those plans. Don't cave to them.
 
Rage9 said:
A c&d means not much, if they file suite, then I'd be a little worried. Frankly getting the domain name is one thing, but they have no grounds to demand 15k, on what basis?

Tell them if they want it to come get it. They would have to prove in court that some reasonable person could confuse your domain, for theirs.
Click to expand...

Lawyers
 
they're prob trying to just scare me and make some $ seeing that it's owned by an LLC, so they prob think i'm some big company.
Click to expand...
I've been sued for $10 mil (a suit filed, not some bullshit c&d), and they didn't think I was a big company. So $15k + LLC, doesn't mean shit. They know you are a little guy.
They can ask for any amount they want. It doesn't mean anything.

But talk to an attorney. Here is one good reason to get an attorney instead of asking a bunch of dickroll addicts for legal advice.

From the post above:

make a very generous compensatory offer for you to abandon those plans
Click to expand...
Such statement alone would make it much easier for them to make a case for cybersquatting. And that guarantees more assrape for you than just a similar domain + a similar business model (even though you haven't finished the site).

Don't ask them for money. If they offer, that's another story.

If you really want to ask them for money, then hire a lawyer and make him draft a very careful response that hints on how this can be resolved. Then, if that response ever ends up being used to prove cybersquatting, then you'll always be able to sue that lawyer to recover the damages.

Of course then, you would need to consult another lawyer just to be sure you have grounds :)

Ah, fuck it, just dickroll them. By mail!

Send them a CD via certified mail with delivery confirmation.
 
bcc423 said:
Such statement alone would make it much easier for them to make a case for cybersquatting.
Click to expand...

This isn't a cybersquatting case at all IMO, but we've seen plenty of stupid wipo decisions, so I would be cautious in your approach. bcc is right about waiting for them to make an offer, but in this case I don't think you are going to get one.
 
Was the notice via snail mail or just an email? Until it comes via Certified Mail, I would assume it was a Nigerian Scammer or some sorts.

Anyways, ask your attorney.
 
Once you find out the name of the dick for brains that's behind this scam, let me know. I know a guy that can be very persuasive in these matters after a brief visit.
 
alexa, this came via certified snail mail...it also states they emailed me a copy, but i never saw it.

thanks to everyone who has taken to the time to reply!
 
mkrongel said:
i am not a lawyer but since your URL is youbidyouwin the you win part makes it different than then their mark of ubid (unless that URL is a slogan they trademarked)

Tell them to fuck off and come get you, it'll cost them tens of thousands to fight and the mark is so different no court will say otherwise
Click to expand...

mike, thats wat i was thinkin, the two domains aren't even close...thanks for the advice.
 
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