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Old 12-22-2001, 11:19 PM   #1
austincassidy
Registered User
 
Join Date: Mar 2001
Posts: 45
Default Somewhat Urgent Domain Name Legal Question

Hi Everyone,

I have a legal question concerning a domain name I own. Basically, I'm just curious if this guy has a legal right to my currently under-development domain name... and am I legally required to hand it over to him?

It's a part-time project of mine... I've spent a few hours here and there working on this little piece of freeware... it's no big deal, really. I registered this domain cause it seemed catchy, and I don't have a working product together (or near completion yet)... for a while I even was considering just selling the domain name.

This guy sent me an email a while ago asking about buying the name, but he didn't offer anything except to pay like half of the registration fee. I figured I'd rather keep it and potentially sell it to someone who recognized it's worth, or work on my own idea.

Eventually, I decided to just work on my own thing.

Anyway... he sent me this email, and I want to know if what he's saying is legit. I don't really know much about domain laws, and it seems strange to me that someone can come along and take my domain from me. Far as I'm concerned... I got it first, and he can pay me some actual money if he wants it.

The email.... (with names and places changed to protect the innocent)

--------------------------------------------

Austin:

It has come to my attention that you have registered the domain domain.com and you may not realize that Some Company, Inc. owns the registered United States Trademark ( REG #: xxxxxxx ). I realize we have had correspondence with you in the past where you have indicated your intention to sell the domain, or simply wait until you were ready to use the name.

Under the Uniform Domain Name Resolution Policy (UDRP) TITLE 15, Sec 1125, False descriptions and/or dissolution of Trademarks provides Some Company, Inc. the right to own and use the domain.com domain name since we have been using the name in commerce since 09/06/2000 and your domain registration was applied for on 02/17/01.

I would like to resolve this matter without the need for legal action, as any use of the nameinquestion name by any other party other than Some Company, Inc. or in conjunction with the Internet or Commercial product would directly confuse and mislead potential customers.

I would like to offer to pay for your domain registration fee which you paid last year, and have the domain transferred into our possession. If this domain transfer does not occur within a 30 day time period, we will inform your registrant (register.com) that you have violated the UDRP and have the domain transferred to our ownership directly.

I look forward to hearing back from you immediately with a quick resolution to this matter.

Sincerely,

Some Guy
President
Some Company, Inc.
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