Copyright Infringement - Am I in trouble?

In ether case you should respond to their letter, with respect to stating your position and to deny any allegations with respect to copyright infringement using firm but strong language. Get yourself a pro bona lawyer to draft the copy or do what we did and go to a college and get a 2nd or 3rd year law student to draft your copy.
 
Suits with big wallets. Thats what it comes down to. Its sad that they would hunt you down because they were not able to buy your domain. imo thats what it comes down to it.

In your terms they are claiming copyright to the "s" which if they do processed it could come down to them having to give up there domain. the iCANN records should show the transfer info from a seller to SOWS which will prove that they have copyrighted you? maybe. What ever happens hold your head high you had the domain first dont let them bully you out of it.

I wish you the best.
 
Do you mind posting a copy of the letter? This way we can give you a better answer? I got a couple of them before and pissed them off by sending a cease and desist letter to them. Never heard a work back since.
 
Due to the fact of them infringing copy right laws of your website, and trying to take it down, this infringes the law of ICANN...They cannot do anything since your domain was registered before them...ignore it.
 
You had already established use of the domain before they bought the similar domain.
I would personally ignore this until they come up with a far better inquiry.

Quote:
In short, take the site down in 5 days or get ready for consequences.
I could almost guarantee this did not come from a real lawyer.
I have never, ever worked with a legitimate lawyer who used this type of unprofessional vernacular.

I would research this supposed law firm and really push them to make the first move before proceeding any further.
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I think its fake too
 
Their approach to you is an overkill and out of place. The arbitration venue for domain names is ICANN, which --- I think --- will rule on your favor. Check ICANN out here: http://www.icann.org

You can only get into legal trouble if you're illegally using a business name or brand name that is already registered with the Securities and Exchange Commission or the Patent and Trademark Office. But URLs, at this time, do not belong to their jurisdiction.
 
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I might be worth replying and asking for there proof of ownership of said copyright, as you now are aware of there possible infringing of your copyright. Effectively counter with a threat to counter sue... Just being big gives you no extra advantage (bar more lawyers).
If they claim they own copyright to such a small sentence than so do u (copyright exists as soon as created).
 
Only in America would we have a lawsuit between North Face and South Butt. :) Hopefully they won't merge. Corporations are evil and kill capitalism!

Steve-Hostirian said:
We had a case in St. Louis between North Face and South Butt - they settled out of court, so I don't know the end result.
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This is totally absurd.

I agree with many of the replies here saying that this big guy is trying to bully you out of your domain name and most probably acquiring your domain for their use (because of the s in your domain? Give me a break man...)

Imho, you can settle it through a combination of the helpful solutions offered by our fellow forum-ers here.

1) Consult a lawyer, showing him the "get ready for consequences letter" and see which lawyer actually do this kind of verbal threat (might come from a phony guy for all we know)

2) Check out the ICANN website provided and actually it should rule in your favor as you started this website before they acquire a similar name domain later on, the WHOIS details should be able to prove it (Prepare this one early)

After everything is done, maybe get your legal representative to send the counter party a letter with all the necessary details so they might cease and desist or should they wish to carry on, at least you know you are not actually committing the offence of copyright infringement.

Just my 2 cents worth and all the best to you!

Vincent
 
I guess, copy right notices can be only sent if there come one copy the material, not because of domain name as registration is served on first come first serve base/
 
As they may just be after the domain name then check if the site in question has recently been brought by another company and so they may be trying to aggressively expand their company. If this is the case then you can just hold out, it may be that they go away after a few days. Also if your website doesn't resemble theirs in any way then all your looking at is the name. If it's this then it's a lot weaker. So what you need to do is just make sure that you have not intentionally not infringed on them. If you have had the name for 5+ years I can't really see a problem so just hold out would be the main thing.
 
Draft a letter back to them stating that they are in violation of your copyright as you have been there since 05
 
You domain name is in trouble that doesn't mean you are doing something illegal, proceed with the dialogue but just DO NOT let go your domain name for free..
 
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I really wouldn't worry about it too much, maybe spend $100-200 to see what a laywer has to say about it, but unless they really try to sue you in court I wouldn't bother too much, maybe you could see if they want to buy the domain and then not worry about things, I'm sure if you are bothering them that bad they would buy it in a heartbeat.
 
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