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March 11, 2005Internet Marketing: Cease and Desist!Today I have been served a cease and desist email from a rather large corporation! I dont want to name names here (can you get in trouble for that too in our complicated modern world)?! But they dont like my Adwords-Masterclass Domain name. They want me to stop using it and transfer it to them :( Apparently it contravenes the American law (that I hadnt heard of) Anti-cybersquatting Consumer Protection Act ("ACPA") I have lots of questions regarding this email as you can well imagine! Not least is this? Am I a Uk citizen provision to Amercian laws on an internet that is not policed by any one body and when Im not an American and dont live there? Most confusing huh! After 5 mins of research I found several other domain names that are similar in nature to mine and also promoting similar products or services. Your comments on this are most welcome. Have a great weekend
PS PPS Posted by Mark at March 11, 2005 1:28 PM Trackback PingsTrackBack URL for this entry: CommentsI wonder what company eh? Well id say you probably are vulnerable to the law (if its applied correctly) assuming that you bought the domain from someone in the states... however i dont think your cybersquatting... just using their name to promote a prodcut about their product doesnt seem to be squatting to me... Posted by: WilliamVolterman at March 12, 2005 6:22 PM Seems to me they should be offering to buy it from you, not threatening you. I'm not expert, but I'd tell them to make me an offer I can't refuse! Posted by: Kris at March 12, 2005 9:16 PM not a lawyer, but I say fight it. Both you and the internet are outside the jurisdiction of the law. They might be able to get you if you host the site with an American company or on an American server, but barring that they really have no case. Posted by: Conor at March 13, 2005 5:06 AM The issue is AdSense and AdWords are registered trademarks, and you may be considered guilty of the "Tort of passing off" or some such thing. I had a similar experience with my domain name seek.net.nz, where the .com and .co.nz owner felt my search engine was too close to their marketplace. I got media involved, and they have since left me alone. But if I ever get seek going again, they may come back to haunt me. Posted by: Karl at March 14, 2005 12:19 AM you'd think they'd have to show that you were intentionally squatting on something that should obviously theirs.... weird, mate - it's not like you took cocacolaisdelicious.com..... good luck with this... Posted by: skij yesh on at March 14, 2005 5:38 AM i researched this law for my company who owns a trademarked name but the .com domain of that name is owned by someone else. basically, for us to sue them, we'd have to prove "malicious intent" in them having the domain. us owning the trademark was not enough. all we could do is offer to buy it off of them, or, recommeded first step... send a threatening letter and hope they get scared into handing it over. im guessing this is what was done to you. Posted by: gummylick at March 17, 2005 11:30 PM Hiya Yes this is what I discivered also, but as I said do you really want to be pissing off Google ha ha Not really to be honest :) Mark.. Posted by: Mark.. Post a comment |
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