Legal issues - domain names

Discussion in 'Domains and domaining' started by adrian5750, Mar 16, 2013.

  1. adrian5750

    adrian5750 New Member

    HI Folks
    As part of our objections to a planned windturbine installation in a totally unsuitable location - we registered a domain name and created a website that reported our progress & eventual success in getting the devlopment stopped.

    Now, some 9 months after we won the planning appeal, and nearly 3 years since the site started, we've had a threatening letter from the company that wanted to erect the turbine - claiming that our domain name infringes their registered trademark, and that they "will not tolerate the continued existence of this misleading and damaging domain name".

    They also say "Our clients instruct us that you have a link to their website featured on your website. This is completely unacceptable. This link has been created without our clients' permission and is accompanied by extremely unfair and misleading comments in relation to our clients and we demand that it be removed immediately"

    The legal letter says a lot more (it's three pages long!) - but I know the answers to all of the other points that they raiss!

    I'll be taking legal advice on this next week - but what's the view of you experts out there...?
    Have you been on the receiving end of this sort of letter - and what (if anything) did you do about it ?

    The site's Ceramicx Windfarm Sucks! - why this windturbine is total greenwash. - by the way....

    Thanks in advance
    Adrian
     
  2. mneylon

    mneylon Administrator Staff Member

    Adrian

    It's a scare tactic

    Yes, they are "right' in that you are "infringing" their mark with the domain name, but they're ignoring the usage (intentionally)

    Unfortunately it's a grey area especially under Irish law.

    For the domain name / site there are ways to obfuscate and delay the matter but if they have an issue with it they should lodge a UDRP

    They're complaining about a link as well??
    I didn't quite understand that complaint

    Michele
     
  3. adrian5750

    adrian5750 New Member

    HI Michele
    Thanks for the reply.

    I thought they were trying to scare me <g>
    Had to look up UDRP - seems to require a court case ?

    Yes - had to chuckle about the 'take down that link' bit - guy thinks he owns the 'net! <grin>

    Thanks for the sanity-check - have a good weekend

    Adrian
     
  4. mneylon

    mneylon Administrator Staff Member

    Adrian
    UDRP is an alternative dispute resolution mechanism specifically for domain names. It's cheaper for them and for you than a big expensive court case and the system has been in use for the past 10+ years in .com and a lot of other domain extensions including some ccTLDs.

    Michele
     
  5. mneylon

    mneylon Administrator Staff Member

  6. adrian5750

    adrian5750 New Member


    Thanks for the link, Michele.
    I'll hopefully catch up with my tame legal eagle later this week...

    Thanks again
    Adrian
     
  7. robertwalker

    robertwalker New Member

    Don't let them threaten you, invoke your rights, and if it's possible try to open a formal notice to explain your side. The legal way your thinking is a very expensive court case, though it's the process that both parties can discuss the risk to their business.
     

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