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Hey Pros,.

Hope you can help, and I have a hunch I know what your sage advice will be, but here goes.

I just received a nasty e-mail from a guy with the same name as an ESPN Sports Anchor (but probably not the same guy) who threatened me with everything short of imprisonment at Gitmo if I didn't sell back a domain I bought.

Briefly, let me tell you folks that I make my money as a writer-editor. My most ballyhooed work is a comic play, "Game Show," which is continually staged hither and yon. You can read about it briefly.

At dramaticpublishing.com.

Anyways, I took up domaining as more or less a hobby because I realized that you get what you put into this tradesometimesand that I didn't have the time required. I did sell "ClickandBet.com" for.

$2,000but that's the extent of my domain largesse.

About six months ago, I bought an available domainNikespark. I made a few bucks from it; maybe enough to cover the $8 to $10 purchase price. But three or so months ago, Sedo informed me that.

The name was a copyright infringement, and that they could no longer park it. I was not interested in enlisting the services of Denny Crain and cohorts, so I just said, "Fine." And Nikespark.

Has since lied dormant, in the cemetery of domain names.

Fast forward to a couple of days ago, when I received the afore-mentioned e-mail whose subject line even looked menacing. After getting up the nerve to open the e-mail, I quickly understood the.

Message: According to Nike, I was guilty of domain infringement and that I would be dealt with most severely if I didn't sell the domain back to them.

Since I write comedy mainly, my first inclination was to ask the lawyer how he managed to break himself away long enough from strong-arming the guy or gal who took the video of Lebron being dunked on to hassle me. And also "Jeopardy" had "Nike" as an answer to one of it's questions last week. Would they be after Alex Trebek as well?.

Of course, humor only works in certain situations. And I don't think this is one of them. So I'm asking you all, Can Nike demand relinquishment of a doman of any length that has the four letters "nike" in them consecutively, even if the entire word itself means nothing? And should I ask for $500,000, hoping to get back, maybe, $25 in return? Or should I just take the time and effort necessary to sell the name to Nike even though I don't know how to do it? It's been some time.

Since I sold "Clickandbet," and I'm sure the protocol has changed. As I say, I think I know your.

Answer: the latter.

Thanking you in advance for any advice!.

Lew Riley.

P.S. Sorry for the breaks in some lines; they all look fine on the original post, and I don't know how.

To fix the problem...

Comments (30)

If you registered the thing before the product was released, then name a very high price. if not, then tell them to give you free shoes for 2 years. I like the barter system personally...

Comment #1

If the C/D was genuinely from the shoe company, give it up or get beat up..

You won't win. Period.

...and don't even think about asking for money either...

Comment #2

I would certainly just give it back to them, it may not have been registered in bad failth but they do have a TM on NIKE and I think it's a blatant infringement, I dont think it's worth your your time or money to fight this one.

NikeSpark - Registered on 13-mar-2008.

Nike.com - Registered on 04-mar-1995.

There are about 50 "LIVE" Nike TMS here Record List Display.

Good luck in whatever you decide, Lew..

Comment #3

Thanks for the feedback! I'd gladly take a new pair of Nikes, as I coach boys basketball. But I doubt seriously I'd even get that. Post added at 04:39 PM Previous post was at 04:38 PM.

Not sure what you mean by C/D.... Otherwise, thanks for the advice...

Comment #4

Change your name to Nike Spark , and then there is no issue.....

Comment #5

Tell them to donate some shoes to your team and be sure to specifically ask for the shoes that the 12 year old chinese children make, because those shoes are of a higher quality craftsmanship and are in your opinion, more durable...

Comment #6

Do a Google search for "SPARQ" or "NIKE SPARQ" and I think you will have a better idea of why they are concerned about the domain you registered.

You have not told us why you purchased this name so I would assume it's because you were trying to collect traffic from people looking for Nike Sparq training equipment. That would be blatant typosquatting...

Comment #7

If they hit you with a law suit it could cost you a small fortune in attorney fees just to give it back. Best to do it now and move on......

Comment #8

Now this is a classic statement, one that I had a few chuckles to. But in theory he is correct, as Nike would squash you so fast that you won't realize that you have entered Dimension X. The ninja turtles won't even be able to save you. Before you ask for anything just realize the lawyer is intimidating you on purpose as he wants to scare you into giving them the domain name, but also realize that he is not playing around and is probably pissed off that he even has to deal with such a minor case. The choice is yours bud, NIKE anything is definitely a trademark infringement, unless of course you decide to change your name. You should name your next son NIKE AIR...

Comment #9

C/D = Cease & Desisit.

Which you really should do.

See: Cease and desist - Wikipedia, the free encyclopedia..

Comment #10

They'll squash you like a bug. Give them the name.

Big difference between having your company name mentioned someplace (fair use) and someone using it for their own profit (domain, where it could be "confusingly similar" to the actual company's product(s))...

Comment #11

Could you create a site dedicated to a virtual park called "Nikes Park". It could be about a dream world park called Nikes or star a kid called Nikes (Nikolas?)...keep it up and running, perhaps place some Adsense ads on it and forget about it. You could even place a statement saying you are not affiliated with Nike...this might help a bit.

You could then either wait for the traffic to come and benefit from the adsense or sell it to them.....

Comment #12

...and moonbeams, rainbows, and butterflies could magically take over the court system and block the nasty civil case that would surely follow... right?..

Comment #13

You already parked it with sedo and made money from the nike brand, Im sure the lawyers have already got screenshots of the parking page at Sedo.

Take it on the chin, lose the domain!..

Comment #14

I don't think it's worth sticking to the domain as risk is too high compared to the anticipated reward that may come if you somehow mange to find loophole to legally keep this domain...

Comment #15

Let's just say that it's difficult, if not impossible, to make money off a uniquely famous mark. One can.

Put whatever stuff to try to get around liability, but that doesn't guarantee it.

YMMV, like I always say...

Comment #16

Sounds like something "Tom Allin" would say. Reminds me of this thread: http://www.namepros.com/legal-issues...to-sue-me.html.

Are you sure this guy actually works for Nike?..

Comment #17

My thoughts exactly. While I agree that you shoud "lose" the domain, make sure you aren't giving it to this Tom Allin scammer...

Comment #18

Sell it to them for cheap and then go pick up NikeSparks and try selling them that too...

Comment #19

You note in your original post - If they're willing to pay you, I'd just 'sell' it back to them for whatever they agree to, and be glad you chose the 'not fight them for it option'. They'd squash you in legal fees. (unless your resids for the play are real strong.)..

Comment #20

...am I missing something? Why would Nike PAY for what they believe is entitled to them as-is? An argument could be made about it but I really couldn't see Nike offering to buy it since they'd get it back via courts.

Then again, it'd be cheaper to buy than go through the whole system. Still, I can't see Nike even bothering...

Comment #21

Forget the email. It's just a fake mail, and that person just needs that domain, and is threatening you for it. He is not a bigshot for sure. Just do not respond to any more mails, and relax. I am sure you won't invite trouble by doing that...

Comment #22

Can you post some or all of the email you received? That would help us be more confident about whether it was real or a scam...

Comment #23

Nike is a TM..

A big no no on your part to keep the name.

Like others have mentioned, Nike has the power.

Give up the domain or face the consequences.

Don't even try to sell the domain...

Comment #24

Just my two cents,.

Everyone needs to remember, that the Nike name could actually still be construed as the greek goddess of victory and also that she's also used very commonly in other forms of media, such as the FIFA trophy, and the Olympic medals..

Now, looking at the date registered.

Created on: 13-Mar-08.

And the date that they announced sparq training.

BEAVERTON, Ore. (March 10, 2008)  Nike today announced Nike SPARQ Training,.

I'd say, it's a bad faith registration and just to let it lapse....

Comment #25

I once got hammered for registering a Greek first name called nike in .mobi.

Here in Greece we have many people named after this(Nike or Niki) so Nike alone without sport shoes related content it's fine for my ethics, but nike with other related keyword that refer to the famous nike company is a TM infringement...

Comment #26

Seems like a scam email to me as well. I'm not saying you are infringing on nike's TM or not, but I don't think Nike is the one who sent the email. the marge corporations do nt usually send emails as a first line of action, they will send a letter to the address in the whois info of the domain first.

Posting a sanitized version of the email would be to your benefit, I think...

Comment #27

First, ascertain if the email you received is real. There are lots of scammers out there. Y.

Second, once there is a trademark, and you use it, despite the lack of bad faith on your part, there is already infringement. I suggest you consult a lawyer.

I wish you good luck and may you solve this problem...

Comment #28

There are other who could have legit cliam Toy Collector - MATS US DIARY: NIKE PARK.

Appears to be a park called nike park in the town of Addison...

Comment #29

Did this ever get resolved?.

For the record, some companies do send legal notices through emails since they are an accepted medium in court now so I wouldn't say this is fake solely on that.

Secondly, these type of notices are usually worded in a somewhat professional manner, third, they usually have a date on them that you have to contact them by or else they press forward with the courts.

Finally, if the letter is suspicious, why not just contact Nike's legal department? They are bound to find out about the domain eventually, if Nike doesn't do anything Nike Park might. Unless you've already been sued into Oblivion, why not just get in touch with Nike, ask them if anything is up with the domain and that if something is you'd be happy to transfer it over. It seems you are only doing this for money and not using the domain to create a site of yours, because of this, it's better to cut your losses now...

Comment #30


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

 

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