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  1. #1
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    Notice of infringement letter - Need help
    Hi guys,


    I'm the owner of 6pmpromocode.com and I bought this domain few months ago. Recently I got an email:

    As noted in my June 20 letter, Zappos views your registration and use of 6PMPROMOCODE.COM as adverse to Zappos' rights in the federally protected trademarks 6PM and 6PM.COM. Attached are copies of the U.S. registration certificated referenced in the June 20 communication.

    Specifically, 6PMPROMOCODE.COM incorporates the 6PM and 6PM.COM trademarks in full and you are using the subject domain name in connection with a 'coupon' service website that is not authorized by Zappos. The unauthorized use of the confusingly similar domain name is a violation of U.S. and international trademark law, an unfair business practice and dilutes the strength of the cited trademarks.

    In particular, such registration and use of a domain name violates the Anticybersquatting Consumer Protection Act ("ACPA"), a federal statue here in the U.S. that has established severe penalties for use and/or trafficking in domain names that are the same as or similar to pre-existing trademark rights of others (see 15 USC 1125 - False designations of origin, false descriptions, and dilution forbidden | LII / Legal Information Institute) . Relief available under the ACPA may include forfeiture of an infringer's domain name, transfer of that name to the rightful trademark owner, and awards of actual damages, statutory damages of up to $100,000 per domain name, costs and attorneys fees (see Joseph Shields v. John Zuccarini, 254 F.3d 476 (3rd Cir. 2001) SHIELDS v. ZUCCARINI, No.).



    Also, the registration and use of the subject domain name is in violation of ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") in that 6PMPROMOCODE.COM is confusingly similar to the 6PM and 6PM.COM trademarks, you have no rights or legitimate interests in the subject domain, and that the domain name was registered and is being used in bad faith (see enclosed and link to policy ICANN | Archives | Uniform Domain Name Dispute Resolution Policy). You should note that Zappos has prosecuted a number of UDRP proceedings to protect its trademarks ZAPPOS and ZAPPOS.COM for bad faith domain name registration and use that are similar to the actions regarding 6PMPROMOCODE.COM. Following are links to several of those decisions:


    Decision
    WIPO Domain Name Decision: D2008-1191
    DECISION

    Given Zappos' substantial investment of time, money, and effort in promoting 6PM and 6PM.COM, and the widespread recognition and acceptance of its goods and services offered under my clients' trademarks, it is our concern that consumers would be confused as to the source of goods and/or services offered in connection with 6PMPROMOCODE.COM. Such use causes a risk of consumer confusion by creating the misleading impression that Zappos sponsors, or is associated with, 6PMPROMOCODE.COM.

    The information above should make it apparent that your unauthorized registration and use of 6PMPROMOCODE.COM violates Zappos rights in the 6PM and 6PM.COM trademarks. My client's offer still stands regarding compensating you for the registration fee upon confirmation that you have 'pushed' the subject domain name to Zappos 'GoDaddy' account.

    Please note that this communication does not purport to be a complete statement of the law or facts, and is without prejudice to Zappos' legal and equitable rights, which are expressly reserved.

    We look forward to your next communication.
    Please tell me whether I can keep my this domain or not? If it's possible, please tell me.

    Many thanks

    P/s: @Mod: I posted some links in this post, but please don't remove them.

  2. #2
    ...and a Pirate's heart. Convergence's Avatar
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    You will LOSE the domain. More importantly, if you are an affiliate of 6PM and/or Zappos, you face being terminated from their program/s.

    Best if you immediately cease using it, and surrender the domain to them. Failure to do so can mark you as cyber-squatter who registers domains in bad faith...
    Salty kisses, Sandy toes, and a Pirate's heart...

  3. #3
    Beachy Bill's Avatar
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    You're lucky all they want is the domain. They have a right to sue for more - a LOT more.
    Bill / Marketing Blog @ 12PM - Current project: Resurrecting my "baby" at South Baltimore..
    Cute Personal Checks and Business Checks
    If you are too busy to laugh you are too busy.

  4. #4
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    @Convergence & Bill: Thank you so much for your quick advice.

    Could you explain for me why they can take back this domain? Because my website only have few articles about 6pm. They only register their trademark for shoes, boots, footwear.... BUT not for Coupon code. So I think they don't have any right to my domain. Am i right?

    Thanks

  5. #5
    ...and a Pirate's heart. Convergence's Avatar
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    Learn the law or pay the price...
    Salty kisses, Sandy toes, and a Pirate's heart...

  6. #6
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    Quote Originally Posted by Convergence View Post
    Learn the law or pay the price...
    I'm sorry. I'm not from the USA so I'm not familiar with American law.

    Could you explain for me in more detail? I don't want to give them this domain.

  7. #7
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by thebestretail.com View Post
    I'm not from the USA so I'm not familiar with American law.
    Then you should reconsider doing business in this Country.[/QUOTE]

    Quote Originally Posted by thebestretail.com View Post
    Could you explain for me in more detail?
    You're breaking United States Trademark Laws. THEY have the right to protect their property. In this case is 6PM for the classification/s filed in their Trademark. You are violating that. PERIOD.

    Quote Originally Posted by thebestretail.com View Post
    I don't want to give them this domain.
    Then don't. They will just take it...
    Salty kisses, Sandy toes, and a Pirate's heart...

  8. #8
    OPM and Moderator Chuck Hamrick's Avatar
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    You have their registered trademark in your domain, that is all they need, what is on the site is not relevant.

  9. #9
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by Chuck Hamrick View Post
    ...what is on the site is not relevant.
    You're wrong there, Chuck...
    Salty kisses, Sandy toes, and a Pirate's heart...

  10. #10
    OPM and Moderator Chuck Hamrick's Avatar
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    OK less relevant!

  11. #11
    ...and a Pirate's heart. Convergence's Avatar
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    No, what is on the site establishes intent / bad faith.

    6PM is generic. As is Coupon Codes. They are not made up words like "Coca-Cola".

    There exists, a Trademark for "Convergence". We own many domain names with "Convergence" in the title. This particular TM is in a class pertaining to "Knitting". We can not put up a website with "Convergence" in the domain name and have "Knitting" contents without encroaching on their TM.

    We used to own a domain with the word "Register" in it. That is TM'd by Register.com - They took it because we were marketing similar / competing products.

    Content has EVERYTHING to do with it...
    Salty kisses, Sandy toes, and a Pirate's heart...

  12. #12
    OPM and Moderator Chuck Hamrick's Avatar
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    I was referring to this thread specific to 6PM: http://www.abestweb.com/forums/commi...ov-152058.html

  13. #13
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by Chuck Hamrick View Post
    I was referring to this thread specific to 6PM: http://www.abestweb.com/forums/commi...ov-152058.html
    Which part was relevant to this discussion? Only one I see is:

    Quote Originally Posted by davidh View Post
    As long as newbie's minds get poisoned with BS like this on forums like this, it's going to be easy for those of us who know better to make a living. Potential competitors are getting irresponsibly mislead by people who are frustrated because they read and believed the same kind of bullcrap that keeps getting posted around here day after day, year after year.
    Salty kisses, Sandy toes, and a Pirate's heart...

  14. #14
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    Quote Originally Posted by Convergence View Post
    You're wrong there, Chuck...
    @Convergence: If I change the content, Can i keep the domain?

    Is there any way to keep this domain?

    Thanks

  15. #15
    ...and a Pirate's heart. Convergence's Avatar
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    Too late - you've already established intent / bad faith. They have already printed out / recorded what you have done...
    Salty kisses, Sandy toes, and a Pirate's heart...

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  17. #16
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    Quote Originally Posted by Convergence View Post
    Too late - you've already established intent / bad faith. They have already printed out / recorded what you have done...
    If I fix that, Is there any chance for me?

    All my articles is about 6pm.

  18. #17
    The Seal of Aproval rematt's Avatar
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    thebestretail, have you ever heard the phrase; "you can't put toothpaste back in the tube"? Well, you can't un-ring a bell or un-break a law either. The damage is done and now is your opportunity to cut your losses and accept their offer of payment for your registration fee. You can attempt to negotiate with 6PM but they have no reason to negotiate with you. Failure to comply will only cost you money and they'll still have the domain.

    Going forward you may want to avoid using trademarked terms in your domain name.

    Good luck.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

  19. #18
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    Hi Rematt,


    Thank you so much for your advice. They offer to me $12 registration fee. I would like to get one more experience when I go ahead than get $12.

    What will happen to me if I don't give them this domain name?

    I'm not from the USA. But I'm doing business in the USA

  20. #19
    ...and a Pirate's heart. Convergence's Avatar
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    If you ask for more than registration fees, once again, you establish that you registered the domain in bad faith. Called cyber squatting.

    They are going to take the domain regardless. Period. Go peacefully. Give it up.

    Please come back and let everyone know how things worked out for you...
    Salty kisses, Sandy toes, and a Pirate's heart...

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  22. #20
    The Seal of Aproval rematt's Avatar
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    thebestretail, if you plan to pursue this any further I would strongly recommend that you consult with a lawyer. Copyright law is very complex and should not be taken lightly.

    The fact that you aren't in the US may or may not impact your potential liability, however, it certainly won't stop 6PM from claiming the domain since it is registered here.

    -rematt
    "I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant." - Richard Nixon

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  24. #21
    OPM and Moderator Chuck Hamrick's Avatar
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    Yes and there are companies that specialize in domain retrieval starting with your registrar and hosting company.

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  26. #22
    Moderator bibby's Avatar
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    Quote Originally Posted by thebestretail.com View Post
    Hi Rematt,


    Thank you so much for your advice. They offer to me $12 registration fee. I would like to get one more experience when I go ahead than get $12.

    What will happen to me if I don't give them this domain name?

    I'm not from the USA. But I'm doing business in the USA
    This shows your bad faith. You don't care about USA but do business here? Then learn our laws and abide by them or get sued. 6PM has offered you a generous way to settle their claims. You still want to find a way out of it? then good luck to you.

    Everyone here has given you the same advice. Cut your losses. I agree with that. But I have one more bit of advice. Learn our laws and how to do business ethically. Also learn what is and is not acceptable in affiliate marketing and every merchant's TOS.

    If you choose not to abide by the law and merchant's TOS, then you take the risk of being blackballed.

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  28. #23
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    I find it hard to believe someone actually got a trademark on such a generic term such as 6PM. I would venture to say the terms of the trademark are limited to online retailing, much like Apple is limited to consumer electronics.

  29. #24
    ...and a Pirate's heart. Convergence's Avatar
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    Quote Originally Posted by brandonmbeard View Post
    I find it hard to believe someone actually got a trademark on such a generic term such as 6PM.
    You see my post above about the TMs on "Convergence" and "Register"?

    Quote Originally Posted by brandonmbeard View Post
    I would venture to say the terms of the trademark are limited to online retailing, much like Apple is limited to consumer electronics.
    You would be correct. All assigned to "Goods and Services" or "Classification".

    IC 035. US 100 101 102. G & S: Online retail store services featuring footwear, namely, shoes, boots, stockings, nylons, socks and accessories and online retail store services featuring handbags, luggage, backpacks and accessories. FIRST USE: 20051130. FIRST USE IN COMMERCE: 20051130
    Everyone should know how to look up TMs:

    United States Patent and Trademark Office

    Note: Just because you don't find a TM, doesn't mean it hasn't been filed. There is something also called DOFU - Date Of First Use. That can actually trump a TM. Someone TM'd one of our website names by adding the word "Now" after it. Logo stylizing right down to the exclamation point was copied. Give you one guess if their website is still operational. Our DOFU was in 1999 and we carry a TM in the State of Colorado for it...
    Salty kisses, Sandy toes, and a Pirate's heart...

  30. #25
    Moderator bibby's Avatar
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    The thing for me is that it is a no brainer not to use the merchant's name or domain in your won registered domain name.

    There shouldn't be an argument that anyone should fight this. It's a waste of time and money.

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