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I could really do with some advise regarding a domain and website that I own. I recieved an email today about my domain and website zynga-games.com from the company zynga.com that wasnt too pleased about my website. My site was offering help and advise for those that play zynga games. Now zynga.com is demanding that I transfer the domain Facebook Game Cheats over to them, I feel this is unfair due to the fact that I had to pay for the domain plus all the work I put into the website. Where do I stand with this and will I have to transfer the domain for free? I would rather sell it and let someone else do the negotiation, I didnt feel I was doing wrong. Hope someone out there could give me some good advise Thanks..

Comments (8)

I think Zynga.com if they have a trademark are in the right..

Since zynga is a game your site can be confused with their site..

Thats why you bought it right??.

Stay away from trademark issues and big company's who have developed a sight..

Maybe I maybe wrong,wont be the last time, but when buying a name think about it..

I see iZynga.com is avail and eZynga.com.

Take them on..

Comment #1

Thank you for your reply. Do you think I would have to transfer the domain to zynga.com for free? Afterall I did pay for the domain so I would lose out.

Thanks..

Comment #2

If they wanted to, they could sue you for damages and reimbursement of their legal fees. That would cost you a lot more. If you sell it without disclosing that you're received a notice of tm infringement, the buyer could come after you with their lawyers later on.

Give it to them. Don't register other variations of their name. Consider it the cost of learning what NOT to register...

Comment #3

He will still have TM issues with names like that, in particular if he uses them for the same purpose again...

Comment #4

Shouldn't it be legal to create a fansite around a game? I mean the biggest games out there, for instance GTA have lots of fansites with a trademark in it, which don't seem to have problems...

Comment #5

This is more where I was coming from and just felt it a little unfair. I understand the issue with the trademark but I am more bothered by the fact that I paid for the domain. I guess it's weighing up the possibility of legal fees over something that I could potentially lose anyway...

Comment #6

There are things you can do when running a fan site to protect yourself (ask a real lawyer, but I believe two key items are having a disclaimer that you're not associated with the company AND keeping it strictly non-profit, not even collecting donations), but otherwise it's up to the tm owner. Some of them may not mind, but lots of fan sites have gotten C&D's - you're not the first...

Comment #7

I have seen quite a few fan sites, and I have seen them shutdown too for a lot of reasons.

Mainly no disclaimer and they had ads all over the site.

The only way I think they wouldn't come after you is if you had a disclaimer and absolutely zero ads on your site...

Comment #8


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

 

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