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Old 11-27-2006, 12:38 PM  
Marshal
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*** Is this a legal threat? (opinions) ***

Today I've received this e-mail with potential legal threat (XYZ Pornstar is actually a legal name of that pornstar):

Quote:
Originally Posted by [email protected]<XYZ Pornstar>
Hello,
I am writing a preliminary note to you as I have discovered you have recently bought up the www.xyzporstar.* extensions. XYZ Pornstar is a legal and registered name, my own, which is not available for commerical usage by anyone else. If you choose to release a pay site using this name, you will be illegally using my name. As you are probably unaware of this, I have decided to write you personally to discuss your turning over the domains to me quietly and without legal dramatics. I truly appreciate your cooperation in this process. If you choose to not cooperate, my next contact will be through my legal team and I think that is rather unnecessary and a waste of both of our time, energy and money. Please do respond at your earliest convenience and lets resolve this matter.
Warm regards,
XYZ Pornstar
We are talking about .org, .net and .biz domains with the usage of that name. All those domains are still not used (they are parked only).

I've tried to find that name as a trademark, but I was unable. Maybe I was looking at the wrong place?

I'm nearly 100% certain that it is not trademarked. I'm not US/Canada/EU citizen and jurisdiction here doesn't recognize trademarks rights arising through use, which means I could use this domain as a legal site without breaking any law here.

Even if they are the owner of that trademark, if they do not hold registrations for their marks in my jurisdiction, the extent to which they will be able to enforce your rights through trademark infringement proceedings will therefore be limited.

Though I'm very good with those legal matters, I'd really like to hear your suggestions. What are my options? I was thinking of offering them those domain names for a certain price. Please give me some suggestions...
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