ginovamos

Hi fellas,

I've received a notice of infringement on a domain name, and I'm unsure whether I should proceed or not.
The domain in question uses a commonly used word, I find it strange that it can be said to be a violation.

They ask me to immediately disable all content hosted and allow the name to expire.

Is there a way to verify that they actually have the right to have me leave the domain?

Can I ask for a written document or something that approves that the term is actually protected?


Thanks in advance
G

Goethe

Is it a legal notice?

You can check if trademarked here: https://www.uspto.gov/trademarks-app...-search-system

Is the commonly used word “snap”?

If trademarked is the classification the same as your website?

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celandina

Amazon is a forest in South America and has been known under that name is used commonly for centuries. Yet you cannot have "FuckAmazon" domain. Jeff Bazos would take it away... It would all depend on what the words are. I suggest do NOT go there, you will loose.

Klen

Actually i think it is allowed in case of parody or something like info site but they will sue you anyway lol
Example of trademark used freely: PayPal Complaints, PayPal Customer Service & eBay Suspension Complaints

ginovamos

No, they send me a message with the WHOIS contact form

it is european, so I've searched here: tmdn(dot)org
there are 20 trademarks using the same commonly used term, all different, none like mine

it is like "notice-board" in italian language
I've added the acronym of the city to the term "notice-boardmi" mi stands for Milan

yes, mine is specific to one city only.

CurrentlySober

So, like me regging GFY-UK and then running an identical site to GFY but I say its just for UK peeps?

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ginovamos

no, GFY isn't a commonly used term, it is more like "picture" and "pictureuk" and the owner of "picturewow" ask me to immediately disable all content hosted on "pictureuk" because he recorded "picturewow"

CurrentlySober

i think the key here, is exactly what the actual word is then.

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NALEM

My suggestion is that you post the exact message you received by email, along with your domain name.

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ginovamos

totally

Absolutely, if allowed. can I post it here?

CurrentlySober

Yes. Go Ahead.

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nakedby

If they are legit they will give you their trademark registration specs and then you go from there ....

The Porn Nerd

LOL If it's from Italy they have enough problems to worry about now. Besides they have no money to sue anyone.

Disregard it unless you get something legal. Otherwise toss it.

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ginovamos

The Porn Nerd

Tell them they can have the domain for 100k or sue you for it. Otherwise fuck off.

Have luck!

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CaptainHowdy

Looks like cyber-bullying . . .

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NALEM

Based on what you posted, here are the most basic questions I ask from you.

When did you first register (date) bakecami.com, and then publish (approximate date) content to the site?

What is the date of filing of the BAKECA INCONTRI trademark?

What are you selling or promoting on bakecami.com?
What exactly is Bakeca Incontri?

Are you using any color schemes, font styles, artwork, etc on bakecami.com that are similar or identical to what BAKECA INCONTRI is using in their marketing, packaging, etc?

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Klen

He is having dating whitelabel. They most likely send such e-mail to every domain owner contain bakeca in domain.

Marshal

How about using WIPO database first?

ginovamos

Exactly


I've registered bakecami recently, but from what they said they don't even own "bakeca" trademark but "bakeca incontri" a 2 words domain/trademark using the commonly used world "bakeca"

on WIPO there are 12 trademarks using the italian commonly used word "bakeca",
all different. all containing the word "bakeca"

NALEM

I'm amused and disturbed by some of the absurd comments and advice provided here.

Ginovamos, the answer which remains missing, what is Bakeca Incontri promoting as a product or service?

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ginovamos

It is personal ads listing service

NALEM

Personal ads. Classified ads selling clothes, room for rent, sofas, used computers? Or Male/Female looking for Male/Female?

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ginovamos

Who is asking me to leave the domain it is Male/Female looking for Male/Female

then there are others bakeca for houses, room for rent, sofas..

as said the term "bakeca" means "notice board"

fuzebox

So https://www.bakeca.it is a large italian classifieds site but using the literal italian translation for "classifieds" or "bulletin board" as their brand.

This sounds more like Pets.com trying to come after you for Mypets.com...

You may be in the right here, but it is probably more trouble than it's worth. I've dumped domains for less

NALEM

Simply based on the answers you provided, and presuming that your current gross revenue is not significant, I would say that it is not worth keeping your domain.

Read this: https://www.gerbenlaw.com/blog/the-definitive-guide-to-udrp-proceedings-and-domain-disputes/

Your domain is a dot com, and falls under the rules of the Uniform Domain Name Dispute Resolution Policy, which the
WIPO will follow.

Your two options are:

- remove the content and abandon using the domain

- ignore them and wait for the possibility that the Plaintiff files a claim with WIPO.

If the Plaintiff (owner of trademark) files the claim with WIPO, they will pay approximately 1500 + for the filing fees + legal fees because they will likely use an attorney or Advokat.

You will be invited to respond and try to prove that they are wrong. They will argue that your use of the keyword in your domain plus because you are also promoting digital personal ads, are dangerously similar and confusing to the visitor, who will likely assume you are in fact the Plaintiff with the longer better established reputation.

- If you don't respond, you are highly likely to lose, simply by default.

- If you respond, you are likely to lose on their arguments that they used one of the main keywords first, have a strong following of visitors, which establishes brand loyalty, and that they are in the business of digital personal ads first.

If you are able to convince the judge that you are right, you keep the domain.

If you lose, the domain will be transferred to them.

Losing, two things can happen.

- Only the domain is lost to them.
- They bring Civil complaint against you in your country of residence, and they try to recover some of their expenses.

Hope this was enlightening to you.

Klen

I find this part interesting:
Could this mean if trademark is not registered in US then procedure wont work ?

adultinnovation

why you infringing

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ginovamos

Ok, got it.

Yes, many thanks.


Thank you very much everyone for the valuable info

I'll let you know

Goethe

Other option if you want to keep hold of domain is to switch to non-competing site ie. not classified ads. Cam whitelabel is not classifieds but is boy meets girl sort of. Good luck

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CurrentlySober

What is kinda interesting to me is this. That they dont ask you to TRANSFER the name to them (As The TM Holders) but to let it expire?

This must be a relatively new thing, because in my heyday, I would get similar letters (actual Paper letters sent via post) saying that I must TRANSFER my name to FritosLay/PepsiCola. Not just let it expire...

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celandina

I agree it is a hispanic site who cares "keep on trekking"

AdultB2B

Here's the bottom line. Is the domain valuable to you? Are you making enough money off of it to pay for a legal opinion? If so contact an attorney. If not then who really cares?

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Markul

999/1000 of those nuts that threaten to sue never does and even so, they would need to do so in a court of YOUR country. Plus you are incorporated right? So if shit hits the fan, empty the company and cut it loose.

Markul

And also... Taking legal advice on GFY is a horrible idea lol

NatalieK

ironically, Bakeca was designed for "freedom"...

alas, the original bakeca.it company is now trying to take freedom away from ginovamos

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NALEM

Hi Klen. The procedure will still apply. There are numerous intellectual property agencies, whose guidelines are the same or neatly identical.

As an American I posted a link from a US based attorney advising his audience which is likely based in the US also. The Europeans will have the same approach.

Filing officially a trademark application which is eventually approved, certainly helps support the Plaintiff's argument, but it is absolutely not necessary.

I can choose to not file, and heavily market a product or service under a certain name, which represents my brand mark. I will have the same protections, when someone else comes along, trying to pitch a similar product or service using a confusingly similar name.

Read this:

http://www.ivanhoffman.com/unregisteredmarks.html

PornDiscounts-V

They are a Craigslist clone in Italy.

You are a dating white label.

You don't infringe because nobody would safely assume you are them.

Trademark law is to protect a trademark. Don't mix it up with anything else.

You are not infringing on anything. They most likely send this out to everyone. We have received these in the past. We've ignored them. Nothing came of it.

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NALEM

Currently Sober, to address your post. Many companies large and small, are using the shotgun approach, and informally sending out cease and decist notices. This is done at very little cost, and is quite effective.

Do they target domains too broadly. Absolutely. They do this intentionally, and with full disregard for the other person's / entity's rights. They have nothing to lose trying, because their demand is informal. Only if it's challenged in arbitration or in a court, are there real expenses and possible consequences.

Lastly, their demand to abandon the domain instead of transferring it to them, makes them appear fair and reasonable in their initial request.

PiffStenis

Sounds like a scam. They want to snap it up when they can. If it was legit they'd want it transferred.

CurrentlySober

Yeah, like I say, its changed since my day

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Holy Damage

If the OP domains is a common word in his country

How this works with the word "porn" for sample?

like porn.com (trademark)
pornpics.com
porn.pics

?????????