Domain enquiry

[Gatekeeper]

Ive tried posting several times but without luck, i,ll try again

I,ll try and make this quick

I have a personal site in the UK called C........co.uk [obviously not the real name]

I created it to be a shortened domain to linkback to my main domain

It also gives me shortlinks where I can use C........co.uk in an abreviated fashion

example C........co.ukxxhhssdf12

But Ive just had a request from an American site called C.........com

thats C....dot/com to stop using their trade name on my affiliates page

and they do not want their name linked to a forum chat site

which menas I think that I cannot linkup this short domain nor use shortlinks from
this domain

Ive paid for all this and put a lot of work into it

so I just wondered where I stood on this, as I haven't got any money, and this thing
is a headache

they wrote to me thus

you are using our trademarked/registered name in a link that is pointing to one of your personal websites. I understand that you may have paid for this particular domain, but again I am going to respectfully request that you please not use our name in any link that does not point directly to our primary content website. Any use of our name for any other purpose is not allowed under copyright protocols since it is considered a trademark infringement.



Therefore, would you please not use our name in any of your ministry links? We would appreciate that kind gesture very much. I look forward to hearing from you on this matter.

[UNQUOTE]

 

[Gatekeeper]

I cannot see how a .co.uk domain pointing back to the main domain can infringe on an American site with a .com name and simply using the word "C......" surely does not violate anyone

the only issue I can see is when someone types in the .co.uk domain name by mistake into their address bar and gets our site instead

But I know of many sites that use the same name but with different dtls such as .co, . net .org etc

 

[Proserpina]

Example:

If BigBookstore.co.uk is anything but BigBookstore.com's UK representative, you can guarantee that BigBookstore would be chomping at the bit.

Here's the fun part though. While the US may not (on the surface at least) have jurisdiction over a foreign entity, there is more than one way to skin the proverbial cat. The Berne Convention can come into play, and if it does pertain to your situation you're going to lose an awful lot of protection.

There's also the possibility that the company in question actually does have a team of international legal experts who can weed through every little loophole.

Very simply, they can make your life very uncomfortable indeed.

 

[army judge]

You might wish to spend a few quid and discuss this with a solicitor.

This is a wobbler, but you're in the UK. They appear to be in the US. However, these days they might be in Russia, India, or China representing the interests of a US firm.

Did you receive a letter in the mail, with what they're calling a request, or was it received by email?

Normally, a real law firm will send you a letter.

Anyway, we're all just guessing and "what if'ing".

If their request worries you, simply remove the link. That's what I'd do. You only have one email address. Your emails reach you. Anyway, good luck.

 

[Gatekeeper]

well Im only a private individual with a personal site, they think I'm profiteering by using the domain to draw people to us

Its simply a short domain that links to our main website

If I take it down I loose five years payment in advance, then I have to pay for another domain plus I loose all the short links

No its all by email, its the manager of the site, just got another email about using their name in my domain

I,ll have to find out what I can do

 

[Gatekeeper]

So if someone has a registered/trademarked name and I unknowingly setup a new domain using that name with a co.uk

I have to remove my domain loose money and pay again for another one ? or face legal action is that right ?

no its not a link , they don't want me directing my short domain to my forum site because it has their name in it

 

[army judge]

So if someone has a registered/trademarked name and I unknowingly setup a new domain using that name with a co.uk

I have to remove my domain loose money and pay again for another one ? or face legal action is that right ?

no its not a link , they don't want me directing my short domain to my forum site because it has their name in it

Your call, but I wouldn't make it until I spoke with a solicitor, if money spent is an issue to you; I'd just remove it. Why take chances, avoid issues, one link won't destroy your site, will it?

 

[Proserpina]

So if someone has a registered/trademarked name and I unknowingly setup a new domain using that name with a co.uk

I have to remove my domain loose money and pay again for another one ? or face legal action is that right ?

no its not a link , they don't want me directing my short domain to my forum site because it has their name in it

Well, there's no guarantee that they'll sue. But they're already aware of your site existing, which naturally improves the chances more than a little.

Is it a risk you're willing to take?

It would be prudent to check who owns what in terms of domain names in the future before you shell out your own money.

 

[aprilstoney]

I have the same issue like you but i get easy resolution by slapping myself with a 2X4 at least 2,500 times. Then I behave myself.