Letter of Demand

[WG2010]

So I received a letter of demand this morning from a firm acting on behalf of another business.

They're upset that one of my websites is "confusingly similar" (in name only) to theirs.

Their site is KeywordDirect.com.au, mine is KeywordSdirect.com.au (both no trademark, both not registered with ASIC, just a registered business name!)

They're making out as if I registered the name in bad faith and am not using it correctly simply because I have Adsense on the website and I fully intend to open a store in Sydney & Melbourne soon.

I think this just came about because I rank #4 in the search engines and they're no-where to be seen.

They're demanding I give them the domain name. Like hell! They don't have a trademark and they've had years to register the domain name (they picked theirs up in 2009, I registed mine in late 2010).

I am monetising the domain through Adsense as I do on a lot of my websites but I also will be soon selling stock from this site in particular (via affiliate and my own stock).

I'm inclined to tell them to just f*ck off and complain to auDA (they're threatening they will do that anyway).

They also suggest I'm trying to pass myself off as their business when it's bleedingly obvious to anyone that that's not the case.

I'm pretty sure this is just a grab so they can have my position in the SERPS.

Any ideas or comments?

 

[coreyg]

seek urgent Legal Advice

Keep us posted

Cheers
Corey

 

[Timmy]

f*ck off generally gets a negative response.
I'd simple say you believe you are well within your rights and for them to do what they 'think' they need to do.

Good luck!

 

[Billy01]

I don't care

With your previous remarks I dont like you but I'd tell them to get fecked

 

[WG2010]

You don't like me Billy01? I'm crushed.

 

[FirstPageResults]

I'd prob just ignore them and get on with developing the site out..

 

[snoopy]

Hard to say without know what the domain is, if they are arguing on the basis of an unregistered mark or passing off it won't be easy for them. They'd know that already (assuming it has come from lawyers). Be careful as to what is coming up on adsense.

Would probably start by asking for details of their mark including registration number. (assuming the letter is based around TM infringement)

 

[WG2010]

They have no trademark and have made a lot of false accusations to support their case. I've not built any links or done on my site that would suggest I am trying to pass myself off as their business.

Anyway, I rang and spoke with the firm acting on their behalf and just explained I wouldn't be complying and he got rather upset, demanding to know why I was entitled to it. I just referred him to auDA and asked him to stop contacting me (he said he pulled my details from whois database).

 

[Data Glasses]

greed and jealousy are such ugly words ...... they seem to be suffering from both

i think shoops suggestion regarding their trademark details is a good idea and will demonstrate that you are fully aware of how this game can be played , be cool , be professional and be polite

You have every right to run your own website

 

[DomainNames]

Tell them you registered the name fully within AUDA policy and use it in good faith with your own common law rights to it.

 

[coreyg]

careful of how you respond...
careful when sending information in writing...

Why not seek legal advice, it is a legal situation

Keep us posted.

Cheers
Corey

 

[Shane]

Legal advice is overrated if you ask me.

I've received a few nasty letters from lawyers in my time, and I generally find that if you deal with them on a person-to-person basis you will see that there's a reasonable person behind the nasty lawyer talk.

On each occasion the outcome has left everyone satisfied, and I can't see how it would have turned out any better if I'd have paid a lawyer a few grand to get involved. It probably would have just dragged on for longer whilst the lawyers battled it out.

It depends on what's at stake though I guess. If we were talking about figures of $50,000+ then I would probably engage a lawyer just to be safe...

 

[WG2010]

Yeah, I've got Dennis Denuto on it. He read the auDA policy and thinks I'm OK. He said it's a blatant violation of the constitution of the commonwealth of Australia and when it comes to violations, they don't come any bigger!

careful of how you respond...
careful when sending information in writing...

Why not seek legal advice, it is a legal situation

Keep us posted.

Cheers
Corey

 

[soj]

So I guess its Mabo?

 

[WG2010]

It's Mabo, it's justice, it's law, it's the vibe and that's it.

 

[Shane]

Yeah, I've got Dennis Denuto on it.

Did he get that photocopier sorted out?

 

[James]

Ive had a few C & D letters on domains,

My advice is to act professional, do not act like a kid or they will treat you like one.

Explain that you are buying your products around this domain and need it for your business ect ect,

Sounds to me very similar of the BuyII and Cudo case lol

 

[Lucas]

I have also had a few nasty emails from lawyers in the past asking I hand over a domain to them. I find if you politely tell them why they are incorrect and show them the auda policy section supporting your point, they tend to go away. It probably helps to mention you are currently, or are planning on, developing the domain. They are probably just being instructed by their clients and so put on their most menacing tone to see if they can scare the domain out of you. If you treat them politely and professionally they most probably will realise you know what you are talking about (assuming you are infact not infringing on trademark rights etc..) and they do not have a leg to stand on. It is worth noting that even if a complaint comes from a trademark holder it does not automatically mean they can just take the domain from you.

 

[Lorenzo]

Classic case of misspelling, hopefully AUDA can draw a clear line for both trademarked and non-trademarked domains so we can have a guideline for this Australian market.

 

[WG2010]

There's no misspelling italiandragon. Their domain is singular, mine is plural. No spelling mistakes there mate.