Problem with Americe Online & Netscape, I want to sue them - GoFuckYourself.com

Hansm · 01-16-2004, 02:26 PM

but its too expensive i think, see below, the fuckheads wants a domain of me

Quote:

This Firm represents Netscape Communications Corp., an affiliate of America Online, Inc., with respect to intellectual property matters. Our client owns numerous trademark registrations worldwide for its NETSCAPE mark, including U.S. federal Reg. No. 2,027,552. Our client has made extensive use of its name and marks in international and interstate commerce in connection with the advertising, promotion, and sale of Internet and computer-related goods and services. Due to our client's widespread use, advertising, and extensive marketing, the NETSCAPE marks have become very famous and many of our client's customers and prospective customers recognize the marks as distinctive symbols of our client's goodwill.
Our clients also use the mark NETSCAPE.COM in connection with providing information via computer networks. As a result, consumers associate the mark NETSCAPE, when used in a domain name, with our client's high quality products and services.
It has come to our attention that you have registered the domain name "Net**ape.com" and are using it in connection with a commercial Web site that provides adult content. This domain name is clearly intended to capture Internet traffic when consumers accidentally hit the "*" key instead of the "*" key (the two are contiguous on the keyboard). Your registration and use of a domain name that incorporates the famous NETSCAPE mark in this manner is likely to confuse consumers and lead them to believe falsely that our client endorses or is affiliated with your sites or services. Your unauthorized commercial use of our client's mark also dilutes the distinctive qualities of the famous NETSCAPE mark, and may subject you to liability under the federal anticybersquatting consumer protection act, which provides for statutory damages of up to $100,000 per domain name.
To avoid any such confusion or dilution, we request that you contact us and confirm that you will cease all use of our client's names and marks, and that you will transfer to our client the domain name set forth above, as well as any other domain names containing our client's marks or marks confusingly similar to them. To facilitate this transfer, we have included a Registrar and Domain Name Transfer Agreement. Please fax and mail the executed agreement to my attention immediately.
We hope you appreciate our client's concerns and share its interest in resolving this matter amicably and promptly. To that end, we request that you contact us by January 25, 2004, to confirm that you will abide by the requests set forth in this letter. I look forward to hearing from you.

Sincerely,

James R. Davis, II

Registrar and Domain Name Transfer Agreement

The undersigned hereby represents and warrants that he is authorized to act on behalf of and bind the registrant of "net**ape.com" ("Domain"), is authorized to transfer the Domain to America Online, Inc., and hereby authorizes and requests the transfer of management of the Domain from the current domain name registrar to America Online, Inc., in its capacity as a domain name registrar, and the subsequent transfer of the registration of the Domain to America Online, Inc., or one of its affiliates or subsidiaries, as the new registrant for the Domain.

The undersigned, and all others acting by or through him, or in privity with him, or under his direction, have not, and agree not to register any other domain names that use or are confusingly similar to any marks owned or controlled by America Online, Inc.

Signed: ______________________________

Printed: ______________________________

Date: ______________________________

James R. Davis, II
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036
Phone: 202-857-6169
Fax: 202-857-6395

PRIVILEGED AND CONFIDENTIAL : The information contained in this electronic mail message is confidential, may be privileged, and is intended only for the use of the individual(s) named above or their designee. If you are not the intended recipient of this message, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. Any unauthorized interception of this message is illegal under the law. If you have received this message in error, please immediately notify me by return message or by telephone and delete the original message from your mail system. Thank you.

Volantt · 01-16-2004, 02:51 PM

Here would be my reply would be but I do recommend you seek legal counsel. I do feel they can prove a claim if you have advertised, referenced, or implied ANY connection to Netscape or its name.

----

Dear James R. Davis II,

I am in receipt of your letter dated xx/xx/xxxx regarding my domain netxxape.com. I am pleased to see that you have shown an interest in my domain. You state that your client owns the trademarks to Netscape and Netscape.com for which there is no disagreement. However my domain NETXXAPE.COM which is delivered from the "NET" and "APE" which are references to the internet and a furry creature. The two letters in questions XX is a direct reference to the adult content I provide to my customers. I fail to see how the Netscape trademark can possibly be infringed upon, since there is no reference whatsoever to your client's intellectual property rights upon my website. At this time until a valid claim can be presented I do not intend to transfer my property's ownership.

Sincerely,

Hansm

Volantt · 01-16-2004, 02:56 PM

Doh, posted the above letter with the impression the missing letters were "XX".

V

brand0n · 01-16-2004, 03:28 PM

they will just take that domain from you if they are so inclined. they can completly jack a domain from you and there isnt shit you can do about it. do a search, its happened to a few people here all ready.

gideongallery · 01-16-2004, 03:35 PM

i think you misunderstood the letter
this guy is typo squatting he has a domain like netdcape.com
or netdxape.com
"d" is one letter off "s"
and "x" is one letter of "c"
in the example i am giving

it is possible to deal with this issue but a little harder
the key is to establish that you have a valid right to use the domain.

If you are not a US citezen that you have a way to avoid this law.

01-16-2004, 02:51 PM	#2
Volantt Confirmed User Join Date: Nov 2003 Location: Penguin vs Devil Posts: 745	Here would be my reply would be but I do recommend you seek legal counsel. I do feel they can prove a claim if you have advertised, referenced, or implied ANY connection to Netscape or its name. ---- Dear James R. Davis II, I am in receipt of your letter dated xx/xx/xxxx regarding my domain netxxape.com. I am pleased to see that you have shown an interest in my domain. You state that your client owns the trademarks to Netscape and Netscape.com for which there is no disagreement. However my domain NETXXAPE.COM which is delivered from the "NET" and "APE" which are references to the internet and a furry creature. The two letters in questions XX is a direct reference to the adult content I provide to my customers. I fail to see how the Netscape trademark can possibly be infringed upon, since there is no reference whatsoever to your client's intellectual property rights upon my website. At this time until a valid claim can be presented I do not intend to transfer my property's ownership. Sincerely, Hansm __________________ "Only the dead have seen the end of war." - Plato "In the abscence of orders, go find something and kill it." - Erwin Rommel "A man's worth is no greater then the worth of his ambitions." - Marcus Aurelius Last edited by Volantt; 01-16-2004 at 02:55 PM..

01-16-2004, 02:56 PM	#3
Volantt Confirmed User Join Date: Nov 2003 Location: Penguin vs Devil Posts: 745	Doh, posted the above letter with the impression the missing letters were "XX". V __________________ "Only the dead have seen the end of war." - Plato "In the abscence of orders, go find something and kill it." - Erwin Rommel "A man's worth is no greater then the worth of his ambitions." - Marcus Aurelius

01-16-2004, 03:28 PM	#4
brand0n been very busy Join Date: Nov 2002 Location: the queen city Posts: 26,983	they will just take that domain from you if they are so inclined. they can completly jack a domain from you and there isnt shit you can do about it. do a search, its happened to a few people here all ready. __________________ want to buy this spot for cheap? it is of course for sale. long term deals are always the best bet. brand0n/ at/ a o l dot commies.

01-16-2004, 03:35 PM	#5
gideongallery Confirmed User Join Date: Aug 2003 Posts: 7,082	i think you misunderstood the letter this guy is typo squatting he has a domain like netdcape.com or netdxape.com "d" is one letter off "s" and "x" is one letter of "c" in the example i am giving it is possible to deal with this issue but a little harder the key is to establish that you have a valid right to use the domain. If you are not a US citezen that you have a way to avoid this law.