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GoDaddy testimonials : Good idea to go GoDaddy?? My first and hopfully last C/D Letter.

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I just got my first C/D letter. And hopefully my last...

The name has little to no value and I will happily give it up to the trademark /img/avatar3.jpg. I wasn't even aware it was a trademark. I thougt it was a typo of a dating website. The name is in german and I don't speak a word of it.

Here's where I hit a snag though. They have asked me to delete the name and I can't find a way to delete it. I submitted a trouble ticket to the registrar and they responded that since the name is a .DE, the name cannot be deleted only left to expire.

Is this true?.

Also they have asked that I sign a letter agreeing not to use their mark. It outlines all kinds of outrageous financial penalties, and isn't clear to me exactly what I would be agreeing to. I have no intention of signing anything. (or of using their mark for anything) I'm just curious what I'm in for by not signing the document...

Comments (22)

"the name cannot be deleted only left to expire.".

Are you sure? Most domain managers at registrars have a 'Cancel' button. GO to your domain manager, select the domain and see if it has a 'cancel' or 'delete' button...

Comment #1

I dont know about .de extensions, but you could suggest the company with the TM, that they can create an account at the registrar you have your domain in, then you will happily transfer/push the name to them.

But be sure that they have a TM, cause some companies try to bully them to domainnames.

A little I know of .de extensions is that one have to be resident/have an adress in Germany.

Good luck and best regards,..

Comment #2

The C/D letter contained an attachment with a copy of their trademark documentation. I'm fairly sure it is genuine. Also it is not the trademark holder who is contacting me, but a law firm on their behalf. Even If if it is a strong arm attempt I would have given the name up. The name has minimal value.

There is no delete option in the domain manager. I've been over every inch of it at least three times. I really am trying to comply with their request. I have already offered to transfer the name. No response yet...

Comment #3

When companies play games like this - they want you to drop the domain, and all that happens is another person also unrelated to their TM picks it up and they have to do it again - you even offered to transfer to them and your offer was also ignored - SO....ignore them! Ignore their bogus demands and their financial threats - let it expire naturally - and keep copies of email you sent offering transfer to them - to show what ignorace they are excercising. Do they actually want/need the name to protect their trademark or are the just playing games because they have too much legal money to play with - I just dont get these types of complaints.

Domainers dont get enough respect in these cases, where we are unaware of their "not so famous" marks and when we offer the names back for no cost - they would rather make it difficult and time consuming for all involved..

Comment #4

You can't 'push' a .de (and most ccTLD actually). The registrar should be able to delete the name but a procedure may have to be followed. http://www.denic.de/en/domains/verwa...ung/index.html.

In the meantime redirect the domain to their website and make sure autorenew is off...

Comment #5

The name was directed to my hosting account and forewarded to a parking service. I have removed the forewarding so the name resolves to a page not found error. I would have redirected it to their domain, but I don't know what that is. I don't know if the trademark holder even has a domain?.

Anyhow, they still haven't responded, so I am just going to forget about it and move on until they make another move. I refuse to lose any more sleep over dumb luck...

Comment #6

Yeah don't lose any sleep over it... just go on with life as normal. If/when they respond re the transfer, then deal with it at that time.

It doesn't seem they are very serious if they dilly dally around as much as they are. Just IMO...

Comment #7

BINGO! That is why it is always better for the company to ask for a transfer/push...

Comment #8

If it's a .de domain and it's regged at Godaddy,.

You'll have to do it through support. I ran into.

This problem last year.

The whois that I saw, (showing me).

Is actually different from the whois at nic.de.

(due to the residency requirements).

The only way I could do a transfer - push - delete - etc.

(any admin service) Had to be done through the support..

Whether it's different now or not I don't know..

Comment #9

Sounds like you are making every effort to give up the domain name. I think redirecting it to their site is a great idea, but since you don't even know if they have a site, that makes it a little hard.

Sorry for your bad luck, so much headache over nothing...

Comment #10

Pm Sent. I speak German and I'll be able to tell you if it is a generic word or not...

Comment #11

The name is now in thier possession. After bieng told the name could not be deleted I offered to transfer the name and heard nothing back. A few days later denic has them listed as owner. While I'm happy to be rid of the name and a little disconcearted at the fact they were able to get the name without anything further from me, I have a new concearn. The legal firm is now emailing demanding that I pay legal fees.

I'm tempted to simply tell them no, but I'm wondering what the legal repercussions would be. I haven't been to court or admitted any wrongdoing. If they sue me, how will it go down? I'm in the US and they're in germany. Will I be summoned to a german court? Will I be legally required to appear? Can I force the venue to be here in my county?.

I don't know the amount they intend to ask for. They have said they will send an invoice, but they have not as of yet sent it. The value of the domain in question is well under $300, but I expect they are going to ask for an exhorbitant amount well in excess of the domains value. The C/D letter they initially wanted me to sign had a clause in there insisting I pay $10,000 per incident of breach...

Comment #12

Jberryhill (an np member and lawyer) may be able to answer.

That better...

Comment #13

They don't have any recourse against you imo... if you are in US and they are in Germany. Do not sign anything unless it says that they will hold you to no harm since the name was willingly released. Anything beyond that, don't sign imo, without legal help.

They can demand and bill you all they want... but unless they are willing to sue you in the US, and fly over here to show in front of a judge, I doubt you have anything to worry about. Also I'm sure a judge would be very lighthanded (if they awarded anything) given that the name was given up without and hesitation.

If they were a US company, you could be a little more worried, but not much regardless imo...

Comment #14

I do get the distinct feeling that the client is happy with the conclusion and the legal firm is now just trying to milk me for whatever they can get. I don't have any intention to pay anything unless they actually sue and win. Quite frankly I couldn't afford to pay, so I don't have much choice in the matter.

If they came up with a reasonable amount that actually reflected the true cost, (they sent me two emails and one letter with about $4 worth of postage. So less than $100 including their time) I'd probably have to pay it because it would be a worthwile cost to get the weight off my mind. Beyond that they're taking food of my family's table. They'll have to fight me in court before I let it get to that.

I'm more wondering what the better course is. Ignore their invoice or refuse to pay it...

Comment #15

Alternatively you can ask their primary/secondary dns to use in the domain since registrar said it can't be deleted, or they don't want to refund you...

Comment #16

Will a little online research on the lawfirm in question help perhaps? Something.

Like see if they've filed for similar causes and somehow enforced their decision.

Or so, especially overseas.

Of course, if they do file and eventually get a favorable decision, but turn out.

Aren't really able to enforce it overseas, it could be held against you if you've.

Ever gone to Germany since then. Just a random thought, though, and I can.

Be wrong...

Comment #17

Yeah if they do file in Germany and win (whether by default or judgment), stay away from Germany!..

Comment #18

They finally sent me their invoice. Translated into us $ they're asking for roughly $4000. I may or may not have made a good legal decision here, but I sent back an email saying I will not pay. I do not admit to any wrongdoing, and they are welcome to persue a judgement against me.

According to the research I did on whether the US will enforce a foreign judgement there are several factors they concider. Two of them are: Whether the defendant recieved adequate representation and council in the foreign court. and Whether the foreign court had jurasdiction to make the judgement.

Given that I've never been to germany it would be hard to say I was adequately represented. Given that the name was registered in the US, on a computer located in the US, by a US citizen, using US money, from a US based registrar, I doubt they can determine that the jurasdiction where the judgement would have to be made is anywhere but the US...

Comment #19

Just ignore them, don't sign any letter you will avoid their marks in the future and forget about their invoice.

I've recieved lots of C&D's in the past 7 years and have been requested to fill out these forms etc, not once have I done so, and I've never once even recieved so much as a follow up email once they have the domain...

Comment #20

I don't think there is a legal basis for that invoice. It's not a court judgement. They're just trying to recover their fees from you and not their client...

Comment #21

Wow, $4,000! I don't see the point in their actions except to try to get money if they can get away with it. They got what they wanted, so what are these legal fees about? Can they document them? Have they sent it too you? If you gave up the name willingly the problem should be solved...

Comment #22


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

 

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