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Hi.

Are there any template emails which I could use to sent to domainers who are squatting on a number of my clients name domains. Three different people have registered her firstnamelastname.com (parked), .net and .co.uk (not resolving).

I'd like to attempt to recover the domains (and even pay transfer fees) without getting lawyers involved but am not sure how I would structure an email to the squatters.

Thank you...

Comments (10)

The first step would be to send a cease and desist letter.

An example can be found here: http://www.keytlaw.com/urls/c&d.htm.

Make sure you have sufficient grounds as sometimes TM holders are overreaching and their claims can backfire..

Comment #1

That would indicate to me that three different people have registered the name and thus it is not an uncommon name set.

Ie. DavidSmith.com BobJones.co.uk JohnClark.net.

Be wary of using the term 'squatting' against domainers as often they are not and then you could be in legal trouble if they persue for liable!..

Comment #2

My client is in the music industry and she has had number 1 records and sold Xm albums. The name isn't common and would be instantly associated with my client if mentioned. My client doesn't have a trademark on her name...

Comment #3

If your client hasn't tm'd her name, then I am not sure that there is a case to answer...

Comment #4

If she can prove that her name has taken on a secondary meaning, then she has a strong case. Which sounds to be the case given the OP's description. Though, theres been some mixed decisions, so one never knows...

Also, it is important to understand that unless the owner is using the name in a manner that would infringe the TM rights of your client (whether registered or common law TM), she really has no grounds to demand the name...

Comment #5

I picked up some celebrities' .com names when they were dropping, just so I could offer them to the celebrities for free. So far, only one has gone to the celebrity, because I haven't been able to find agents or other contacts for several other celebrities. (Also, in a couple of other cases, my emails haven't been answered.).

Since you are representing a famous singer, do you have any idea how I could find a celebrity's agent or other legal representative?..

Comment #6

The .com is parked @ parked.com so presumably it could be argued that the owner is profiting from the domain and my client. Start at their record company or contact the legal teams of the networks that carry their shows...

Comment #7

If she is a number one artist I think then that deserves a lawyer.

Nice comment about counter suing on being called a squatter - I could have used that.

Squatting can be kind of summarised as 'would you have regged the name or be using it for some purpose if xxxx did not exist' eg. mcburgerbar , kyliescds.

Actually I could do with an email for the reverse case - when someone with dubious rights demands 'their' name - does anyone know about using the phrases 'without prejudice' and 'without prejudice, save for costs' in these situations?.

Ie. to protect me but allow me say 'you are pushing your luck with this one but I can't be bothered to fight it so you can have the name but what about a token $100 for my trouble, reg fee and time'.

Thanks..

Comment #8

I see nothing wrong really :S.

I own ShaneHudson.net and have it parked. The owner of ShaneHudson.com cannot take this name from me, as he does not own TM and it is my name as well.

So research carefully..

Comment #9

If my name was "Ford" and I sold cars, I could lose the name since a bigger "Ford" has greater rights in that field. Nothing is ever 100% safe...

Comment #10


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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