Intellectual Property Law

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I have received a sort of cease and desist from a company…

I have received a...

I have received a sort of cease and desist from a company that says I must give them the domain I bought and registered I am not selling any products on it

Lawyer's Assistant: What written documentation do you have?

Can I send it to you some how?

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No just over email... they have me untilll march 22nd to respond

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I havent responded yet one more thing

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Answered in 3 minutes by:
3/20/2018
Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response to your question. If you can attach the email you received or cut and paste it into the message that would help me prepare a more thorough response.

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As a preliminary matter that may assist things if you are having trouble attaching the email or sending what it contained, what is the basis for the demand to stop use of the domain - is it based on a trademark?

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Customer reply replied 1 month ago
This is the letter they sent. I worked at an ad agency. They didn't buy the work. But I liked it. So I bought the domain and posted my work. not to sell it. Just to showcase. They are saying I have to give them the domain and take the work down. Which seems very weird to me.

I apologize I am not able to take a phone call at this time, but I am going to provide a detailed written response. If you still have questions, we can probably schedule a call at another time or you can reply to the email with those questions.

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Customer reply replied 1 month ago
are you going to call soon?
Customer reply replied 1 month ago
That's ok.would you suggest I take it down? I am not trying to profit. Just trying to showcase my work. And it feels like they are trying to to get me to give them the domain for free?

When an individual or company owns a trademarked name, they have both a duty and a right to patrol various sources to ensure no one else is using that name. I did go check the trademark myself and it is registered to them. That said, there are a few things to consider. First, the trademark laws do not permit use by the others of the registered trade mark, here MADGENIUSREDBLEND. And, the courts have forced transfer of sites to trademark owners when another person ends up, even innocently, owning that domain name.

In short, since you asked the follow-up question, I would take it down. If you want to showcase your work and the work includes their trademark, I would ask them if you can do that or if you can do that if you remove (if it is possible) the trademark, as I'd hate for you to lose the ability to showcase your work to other potential clients. But even if they didn't buy it, if it uses their trademark, they can stop that.

I wish I had better news for you, but do hope this was helpful. If you need further assistance or have further questions, just reply to this email.

Please note: This information is ​for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
Just one further question. Do I have to hand over the domain name as well? They ask for my login information to where the site is hosted. and that makes me uncomfortable as I host other sites with that account.Thanks!

Technically you should transfer the domain name. They want you to set up a separate GoDaddy account and then give them that login so they can change the info. Do not give them login info on your existing account with any domain registration. You could respond, if you wanted to, by informing them your use was not intended to infringe on their mark and could you just agree not to use the domain, but they may or may not agree to that and, since you can't use the site, transferring it may be the simplest and cleanest option.

Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 496
Experience: Member at Keefer & Keefer LLC
Verified
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