Domain Legal Issue

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Gavin

New Member
Whats the best course of action if a U.S. law firm demands a handover of a brand name domain? If it matters, legal documents were received today in the post.

Its a pretty big brand name. :eek:

Run for the hills or hand it over?

Just to note, they are not my domains but I'm interested in knowing if they have any jurisdiction over here and has anyone else received one of these?
 

louie

New Member
If they have a trademark you could loose them.
 

mneylon

Administrator
Staff member
They usually issue a cease and desist in the first instance to see if you'll hand it over without a fight.

I'm not sure of the costs in doing that, but it's a lot cheaper than a UDRP.

Depending on the domain name(s) and what they are currently being used for you have a few choices. You can hold onto them until you are forced to hand them over - the C & D doesn't really mean anything - a UDRP will result in you being forced to hand them over IF the other party can show that:
  • They have rights in the name
  • you don't
  • Their rights are being infringed in some way
 

Gavin

New Member
Thanks for the info.

I think the papers issued was a C & D and they threatened to take it further with a UDRP.

Currently the domains are not being used for anything but I cant track the login details for them, Dave had them. We tried explaining the circumstances but from what I know the U.S. firm isn't as understanding as one would expect.
 

Forbairt

Portfolio Building
UDRP won't cost anything ... for you but will for them ?

Do you feel they will go that route ?

Any chance you can ask them for a few quid for the domain name instead ? (that is if you feel you're going to lose it anyways)
 

mneylon

Administrator
Staff member
Any chance you can ask them for a few quid for the domain name instead ? (that is if you feel you're going to lose it anyways)
You're entitled to ask for reasonable costs as far as I know.

Basic maths kick in ...

A UDRP costs about $5k
 

Forbairt

Portfolio Building
could offering the domain name for 4k(for example) be considered extortion ? (of some form)
 

louie

New Member
I will be very careful in looking for an offer.
I will be inclined to wait and see if they will make one first.
 

Forbairt

Portfolio Building
assumed as much ... I guess if the domain is under your own name .. go for it ... if its under your companies ... thread carefully :)
 

Gavin

New Member
Nah nobody is interested in making money from the domains. Its more of a problem not being able to hand them over due not having access to the registrar account.

The domains are not registered under a real name (dont know why) but the contact address is right.

Louie as far as I know they aren't making any offers, just a demand to hand it over. I'm waiting to see the actual legal papers to know whats threat is being made, from what has been described to me its sounds as if they are not even representing the branded company in the first place.
 

louie

New Member
Gavin, I've been there done that but I still have and own the domains.

Until further paper work just wait and see. It could be anything - a new scam.
 

Gavin

New Member
Gavin, I've been there done that but I still have and own the domains.
Thats what I was wondering. I've seen in other forums people getting chased for domains but didn't budge in handing them over. I know of one person that was chased by Google and he didn't hand it over.

All we can do really is wait and see and hopefully the person contacting the law firm wont rock the boat.
 

Forbairt

Portfolio Building
The domains are not registered under a real name (dont know why) but the contact address is right.
Wouldn't this be a breach of terms of service (or some other word) for domain names giving false whois information ?
 

Forbairt

Portfolio Building
Do ye still have access to the email address its set up under ... if so it should be handy enough to regain control of it with your registrar ?
 

Gavin

New Member
Do ye still have access to the email address its set up under.
Nah that's half the problem. Although we cant control the name we face responsibility for it due to the address that was used and who had registered it.

I would have suggested to either ignore the letter (until more arrive) or claim incorrect mailing address. Unfortunately the person who got the letter panicked and called the legal eagles claiming partial ownership of the name and now the legal firm is kinda pointing the finger.

Just wondering on everyone else's experience or thoughts.
 

louie

New Member
was the letter registered?
If not it can not be for real.
When I had the problem all my letters arrived by FedEx registered.
At a time I was getting normal post from a local solicitor but never took them in consideration so they sent me (third time lucky) a registered one.
 
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