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I own the domain [www.ferrarimedia.co.uk] since 2008 but hs never been in use, yesterday I received a letter from a legal company in italy specialized in IT and Doamine names requesting me to handle with no cost the domain to their client Ferrari SpAv. and to pay them within 7 days EU 1000 in order to cover legal costs.

I really do not understand how this works, and since my surname is Ferrari and I work in media I understood I had the right to use my name.

Can they really sue me on this issue? Even if I decide to handle the domain since I do not use it, can they or have they the right to request EU 1000 as they are asking? All this seems to be a kind of abuse of the system to me.

I will appreciate your opinions.

G A Ferrari..

Comments (19)

Hi,.

You need real legal advice and not commentary from a domain forum.

I'm sure you know Ferrari is an international company.

It's too bad you never used the domain in a non-infringement way.

Since your domain was Parked, it may have featured ads for Ferrari cars.

If it did that would mean you were profiting (or attempting to profit) off the famous Ferrari trademark.

Then having the Ferrari last name and working in media I suspect won't help you.

You could of course just give them the domain but since they're asking for monetary compensation it seems to me you need the help of a lawyer.

If you can't afford one, you may want to try your luck at a legal forum but.

Make sure any advice you follow is from a lawyer.

I'm not a lawyer so you should ignore my advice too...

Comment #1

Ferrari Media - Worldnews Network is an active website with Google Ads and doesn't appear to be owned by ferrari. I wonder if it really is Ferrari after the UK version??..

Comment #2

Agentscarn,.

It is always a good idea to ascertain who really is threatening you.

In this case the OP said it was a legal firm repping Ferrari SpAv.

That relationship should be verified.

However no mention was made of FerrariMedia.com...

Comment #3

I just loved the link on FerrariMedia.com to "Gorden Ramsey reveals his year of hell". Perhaps he should practice more of what he preaches.

To the OP. It sounds like a scam to me. When you say it's not been used, does that mean it's been parked, or it doesn't resolve. If the latter, I think you could reasonably safely ignore the demands. If it's been parked, then you might well have infringed on somebody's trademarks. Either way, you'd be better off talking to a domain lawyer, because I'm sure you don't want to inadvertently lose your domain...

Comment #4

And what of your abuse of the domain system to register a trademarked name? That's why they want $1000. Either get a lawyer or negotiate yourself. Seems those are your choices at the moment...or you can try and ignore them hoping they will go away...

Comment #5

If his name really IS Ferrari, that doesn't exactly equate to abuse now does it?.

True, that likely is the premise that they are using but if what the OP presented is true, Ferrari SpAv didn't exactly do their homework.

Interesting that the demand included paying them as well right off the bat... nice tactic to try to intimidate the recipient even more then "settle" for just the name most likely.

Now, if his name really is NOT Ferrari, then he's screwed.

Reseach ARMani.com and Nissan.com......

Comment #6

Actually and as stated before my family name is Ferrari, as you have mentioned seems an intimidating tactic in order to get the name...

Comment #7

IMO, if your name is FERRARI then you have rights to the name. Does the FERRAI auto company know your name is also Ferrari ? I suggest you let them know that immediately and see what they say. I would push this issue with them...

Comment #8

If your name is Ferrari, then you have a legitimate reason to own the domain. There is nothing on the website that would infringe on the car makers Trademark. This is basically a loss for them at UDRP.

I think this a poorly researched complaint.

Brad..

Comment #9

Was the domain parked and serving sponsored ads for automotive ?

Comment #10

You don't have first usage rights though. Doesn't matter if your name is Ferrari and you are in media. If anything that proves you're using their mark.

FerrariMedia.co.uk Created: 2008-08-05.

FerrariMedia.com Created: 2005-05-06.

Nuff said...

Comment #11

Well, the fact that the famous Ferrari actually owns FerrariMedia.com certainly does not help your case.

Brad..

Comment #12

That's the thing... they do not own the .com version,.

FERRARIMEDIA.COM.

Registrant Contact:.

Vanilla Inc.

Minakumari Periasamy ().

42 Jalan Cemara.

SD 3/4 Sri Damansara, KL 52200.

MY.

That hardly looks like the car maker to me....

Ferrari SpAv is the famous car maker in Italy. Last I checked, there were definitely not "vanilla inc.".

And while you were checking creation dates on the two unrelated domains... did it not cross your mind to look at the Registrant?.

This is the Real Deal:.

Ferrari S.p.A. (FERRARIS128).

Via Abetone Inferiore 4.

Maranello, MO, 41053.

IT.

Domain name: ferrari.com.

That is also who is telling him to give up FerrariMedia.co.uk... NOT the people that own FerrariMedia.com..

One would presume they sent the same demand to the FerrariMedia.com people as well.

While the case against FerrariMedia.COM is a slam dunk for Ferrari SpAV, that is not at all the situation against the .CO.UK version...

Comment #13

Hmm...that's a good point. The .com site looks like a Wordpress aggregate site now that I look closer at it. It may not be related at all to the car company.

Well..OP still has the same decision. Ignore, Get a lawyer, or give it up...

Comment #14

I think it's still a scam for him to part with the domain and $1000. If the domain has never been parked or showed any ads, then where's the beef? He also has legitimate interest in the domain. If this is the case, then I'd tell them to take a hike. If however he's had it parked with automotive ads, then he's probably infringed on Ferrari's TM's, and should give it up. If in doubt, get a domain lawyer...

Comment #15

I wouldn't even bother to reply to that email.

My 2 cents...

Comment #16

Adam Taylor  AdlexSolicitors.Co.Uk.

Jim Davis  BellDening.com..

Comment #17

Just a thought, the domain does not resolve at the moment, but can the OP confirm whether his domain has ever been monetized and if not then does he intend to use the domain for his own business use..

I would suggest that even if he was ok to use the domain for his own business ie ferrari media, that would be the only value of the domain. It would not be a good idea to sell the domain to anyone but Ferrari because of the backwards accountability regarding future TM usage...

Comment #18

Yeah....

...What Dave is saying... x2.

Get a Solicitor and have them respond...

Comment #19


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

 

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