Please help me...

[DigimainsBiz]

I received the following email from a aol.com email address, and was wondering if it seems legit, or if it may be a scam.

Attention MyNameHere,

It has recently come to our attention that you have recently registered the domain name, MyTownNameStadium.com in anticipation of the new stadium being built in MyTown , IL, on the intersection of BlaBlaBla Avenue and 100001st Street.

It has also come to our attention that yourself MyName, dba as MyDomainBusiness (www.MyDomainBusiness.com), does not possess a legitimate interest in operating or owning this domain name relating to the new stadium being built. According to the state of Illinois business and corporation database, there is no such legal business name representing the "MyDomainBusiness" mark within the state of Illinois as of our most recent update on June 30th, 2005.

Please be advised that according to the World Intellectual Party Organization, or simply WIPO, along with the United States Patent and Trademark Organization, illegitimately operating a domain name that one does not possess interest in operating could possess fines up to one-hundred thousand dollars, not to mention irrevelant litigation and court proceeding costs.

Please advise on your interest in operating this domain name at your earliest convenience.

Thank You,

Somebody's Name
DEC

Is it true that there is a $100,000 fine for this? And how do they know, that I'm not developing the name. Over the summer, I was planning on turning it into a fan site with a message board. What should I say in my response to this person, and can this domain actually be taken away from me?

 

[labrocca]

Tell them you do have a legitimate use and the site is in development. You won't be fined most likely but a WIPO decision could be against you if you registered in bad faith. There is a lot of information concerning stuff like this. It may not end well for you. To defend a WIPO I think is 1-2k at least. Your sort of in a pickly if they come after you. I would suggest speaking verbally with the person. Giving them something in writing may not be in your best interest.

 

[Dave_Z]

Is it true that there is a $100,000 fine for this?

Yup. It's called the Anticybersquatting Consumer Protection Act (ACPA), go
read about it.

And how do they know, that I'm not developing the name. Over the summer, I was planning on turning it into a fan site with a message board.

They don't. That's why they said, "Please advise on your interest in operating this domain name at your earliest convenience."

What should I say in my response to this person, and can this domain actually be taken away from me?

Good question on the first, and that's best answered by an attorney. But the
answer to your question next to it is yes.

But will it actually be taken away from you? Now that's a different story.

 

[DigimainsBiz]

I just checked, and they don't have a TM on BridgeviewStadium. If I get the TM, then can I keep the name? Even as it is now, can they take it, even if they dont have a TM on it?

 

[DigimainsBiz]

This turned out to be a scam by a single man that own several unknown domain "registrars"(affiliates). He wanted to scare me into giving him the name, even though there were no issues with it at all. I checked on the whois and the registrant lives 8 miles from the location in question, so he probally wanted to reg it, but since it was taken, wanted to acquire the name with threats. I find this very hypocritical because the domain that he owns for the "registrar" is a typo of a very large business. Also, a google search indicated that this person owns over 300+ domains, and has all of them listed for sale. So thanks for all the replies, but it turned out to be a mere scam. Please be careful with your domains and research all you can, if somebody threatens you for a domain. Thanks for the help.

---Digi

 

[OvenMitt]

he/she never claimed to represent the stadium, which should be your first clue.
Although he/she does write like a lawyer, full of big threats that probably won't be able to be backed up :notme:

 

[labrocca]

WOW...after carefully reading the email again I see how clever the guy is.

If he lives in your city I would pay him a visit to have a nice friendly chat.

 

[DigimainsBiz]

Can I do anything legally to him, for illegally trying to acquire my domain name? What should I write in an email threatening him and his business ways(professionally, not so I can get sued)? Thanks

 

[dax]

To defend a WIPO I think is 1-2k at least.

Defending UDRP case does not cost you anything if you dont hire a lawyer. You can represent yourself if you want, and you dont have to pay any fees for that. Only fee is on complainant side. AFAIK.

 

[Dave_Z]

Can I do anything legally to him, for illegally trying to acquire my domain name? What should I write in an email threatening him and his business ways(professionally, not so I can get sued)? Thanks

This should give you a few ideas to start with:

http://gigalaw.com/articles/2002-all/hollander-2002-03-all.html

 

[labrocca]

Defending UDRP case does not cost you anything if you dont hire a lawyer. You can represent yourself if you want, and you dont have to pay any fees for that. Only fee is on complainant side. AFAIK.

Yeah but not hiring a lawyer if you don't know what you are doing is as good as handing over the domain.

 

[Venolus]

As per the new cyber laws improvised and implemented, no person or persons can claim forgery or fraud if a person owns or buys a domain which looks like, sounds like or something like an existing domain
The person who is charging a suit should have already booked, or locked the domain if he had to sue the buyer and the registrar. US courts have taken decision that its the right of a person to buy any domain name and use it for his purpose unless and until it has content that is insulting any person, so just discard the mail

 

[primacomputer]

Yeah but not hiring a lawyer if you don't know what you are doing is as good as handing over the domain.

In this case that's probably true, but many people have successfully defended a name on their own. I was also surprised to see that some people didn't even respond to the complaint but kept the domain because the complainant didn't make their case. Personally I don't think it's worth hiring a lawyer. If your case is that weak that you need some legal mumbo jumbo to support it then you're likely to loose anyway, and just throwing good money after bad.