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I own sitecore.press domain, I didn't use it. I got this…

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I own sitecore.press domain...

I own sitecore.press domain , I didn't use it .I got this email for Sitecore.net company lawyerIf you have any interest in resolving this matter informally, please respond by no later than January 5, 2018; otherwise, I will advise my client to seek its remedies through other legal and administrative means as necessary.DO they have the legal right to force me to transfer domain ?if not how much it will cost to have a lawyer help me in this issue

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

I own sitecore.press domain , I didn't use it .I got this email for Sitecore.net company lawyerIf you have any interest in resolving this matter informally, please respond by no later than January 5, 2018; otherwise, I will advise my client to seek its remedies through other legal and administrative means as necessary.DO they have the legal right to force me to transfer domain ?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in dc company headquarter in CA

Lawyer's Assistant: Has anything been filed or reported?

Not yet

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

To confirm he is domain / trademark lawyer

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/29/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,438
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 6 months ago
I own sitecore.press domain , I didn't use it .I got this email for Sitecore.net company lawyerIf you have any interest in resolving this matter informally, please respond by no later than January 5, 2018; otherwise, I will advise my client to seek its remedies through other legal and administrative means as necessary.DO they have the legal right to force me to transfer domain ?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about4 this situation. In your case, this appears that the other party is claiming that you are nfringing on their trademark, but proving it is a different case. The 9th Circuit Court of Appeals has laid out some elements that you can run through with your own lawyer to determine whether you are going to respond to this infringement lawsuit.

1. The other party has to prove they have a valid, protectable trademark and that they own that trademark;

2. The other party must prove that your mark is similar and you used it without the consent of the other party in a manner that is likely to cause confusion among ordinary consumers as to the source, sponsorship, affiliation, or approval of the goods.

So, it's a factual argument they would have to make. If you have a different coloring, design, style, slogan, or have different products altogether, then those elements will likely not be met.

You may want to consider just writing a cease and desist letter advising them that without proper legal authority, that you are not required to transfer the domain name.. Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

did you have other questions for me at all?

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Customer reply replied 6 months ago
they own trademark , i didn't sell anything , i don't have a website
can they force me to transfer domain name
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean. If you didn't sell anything, don't have a website, and there is no court order forcing you to do this, then no, you do not have to transfer the domain name.

Did you have any other questions for me at all?

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Customer reply replied 6 months ago
they are saying it is trademark infringement , I need to transfer domain
Lawyer: Legal Eagle, Lawyer replied 6 months ago

You're not required to transfer anything. You may want to consider asking them to cite what authority that says you have to transfer it over without a court order. This is a good way to call their bluff. Besides, only a judge or a jury could even say for certain whether you're violating their trademark so you do not have to rely on their assertions. Does that make sense? What else can I help you with today?

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Customer reply replied 6 months ago
should i send them cease and desist letter advising them that without proper legal authority, that you are not required to transfer the domain name. or ask them about there authority?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

You got it. If you were my client, and there was serious doubts about the claim, it's exactly what I would do.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

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