Threatening letter - .co.uk domain

[Jeff]

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I know we've had similar threads here before, but I'd appreciate any feedback on this.

A few weeks ago I noticed that one product was selling fairly well on Amazon. I'd never heard of the product until I saw it in my Amazon reports.

I thought it would be a good idea to set up a site specifically to sell the product. I noticed that the productname.co.uk domain hadn't been registered, althouth the company that produces the product owns the .com and .net versions. So I registered the .co.uk to help sell it myself.

My site is now the number one result on Google for the product name. Previously, the top result would have been the company's official site.

Today I received a letter from the managing director of the company, saying that what I've done is 'blatant unauthorised use of images and other material which is the ownership of their company'.

Which is a load of rubbish, the image and promotional text I've used comes directly from Amazon.

I'm certain they have a case for getting me to stop using their product name in the domain. But that's not really the issue I have with them.
Before my site was there, anyone who wanted to buy the product would struggle to find out where they could get it. The manufacturer's own site doesn't sell it, or link to anywhere that does. The only place I've found it available is Amazon.
A Google search wasn't much help to anyone wanting to buy it online, until my site came along.

The domain also gets several type in visitors a day (between 10 and 20).


So what I've done can only be good for their company.
People who search Google or type in the domain name may be buying it when previously they wouldn't.

Do you think they understand this?


If their marketing / website people had been up to scratch there wouldn't be a need for a site like mine. But because they've failed they think they can send me threatening letters. If they were more reasonable about it they would see the benefit they get from my site, and we could work together on a compromise. But as it is I'm tempted to change the site to a 'don't buy this product' site.


So, do you think I'll get anywhere if I write to them and explain why my site is good for their business?

Should I try to sell them the domain name (for a reasonble fee)?

Or should I just give them the domain and be glad I've made (just) enough commission to cover my costs?

[ianm]

Originally posted by Jeff
So, do you think I'll get anywhere if I write to them and explain why my site is good for their business?

Not quite the same thing, but I had a rather blunt email from the MD of a company asking why I was advertising their products when I wasn't an authorised dealer (not on a website using their name though).

I toyed with just removing their products, but as they were selling quite well I thought I'd have a try at reasoning with them. I wrote a polite email explaining my relationship with the merchant who was an authorised dealer and how I was actualy giving them brand awareness as people were going to my site looking for their type of product and were perhaps being introduced to their brand. I finished off by offering to either remove all of their products from my site or to add a small explanation to each page that featured their products stating that I was an affiliate of one of their authorised dealers. I got a very polite email back - saying that they would be happy for the products to remain on the site.

I'd say that your only problem is the use of the URL with their brand name in it. How about offering to put a prominent link to their corporate site on each page (you could always have an equally prominent one saying click here to buy the product).

[aotagain]

I had something similar a while back - count to 10 and then explain everything to them. Like as not they have little understanding of the net, how Google works, how affiliation works etc. etc. and are just responding to you in the time honoured official company manner, because they perceive that you trod on their toe.

[judehk]

On the domain name - just give it up for costs.

I follow Nominet's DRS decisions pretty closely and there aren't too many precendents for a such as registration not being considered an abusive registration (fiatvans.co.uk is the only one that comes to mind). Check out http://www.nominet.org.uk/DisputeResolution/Decisions/ for more...

Do NOT contact them and offer the domain for sale at anything more than your expenses, this in itself is major evidence of an abusive registration.

Not sure about your use of their images etc on your site - I would imagine they might be more ammenable to this if the images etc were on another domain.

[zaq]

Read this: http://www.nominet.org.uk/DisputeRes...pmajorLtd.html

[aotagain]

Surely, unless you talk to them you don't know whether they really want an adversarial confrontation via Nominet, or whether they would actually be interested in what you might do to further their sales. (But let go of the 'I'm cleverer than you' bit even if its true).

The fact that you've done something that they should have done is irrelevant legally and for goodness sake don't get into the 'pay me something and I'll change it' approach you'll end up in court on far more serious matters than domain name disputes.

[jess1]

It does seem the best advice has already been posted, ie send them a letter explaining what you do and how you do it.

Some thing I was thinking about in the past but never really discussed, would it not be possible for you and others to post contact details, ie the litigation department and MD of these companies, and we the supporters of your case write a letter of support to show our displeasure? This way, it says (1) what we think you are doing is not fair (2) We support Jeff in what he is trying to achieve for you (3)
Explain about affiliate marketing and the benefits. (4) If these companies see that more people are involved it would be harder to ingnore and also provide the motivation to stop and think about it. Or am I living in a dream world?

Some one could write a standard letter along the lines of Dear Sir/Madam,
With reference to your recent communication with Mr Jeff, I would like to ask you to rethink your position in this matter and focus on the benefits this would bring to your compnay, blaaaaa...

Its then posted on the forum, we copy and print and sign, pop in an envelope and post!

Could this work? Would this be useful?

Jess

[ianm]

Or alternatively Jess, Jeff could post the details and all the lurkers could copy him

[monkeyman]

I had something similar last August.

At the time the product was selling really well and peeps were also adding more things to their basket.

The company rang me up and asked me what it was worth. To me it was worth a lot in terms of commission and I wasn't prepared to just hand it over.

A couple of days later, I received a letter from the lawyers asking me to transfer it over for £400 and it wouldn't be taken any further.

I thought I'd save all the aggro and just go with it. I sorted all the nominet forms and sent them over to them.
I also had to shut the site down.

I've not heard anything at all nor received my £400.

I'm still in a quandary as to what to do. At the end of the day, they still owe me £400 as I kept my side of the bargain.

At the time, they didn't accept sales for their product on their website and my site was one of a few places to get it.
They know have their own and spend quite a lot of cash with espotting promoting this product.

Any suggesstions?

[drivetowin]

As you've got it in writing from their lawyers - pop down to your local county court and issue them with a summons under the small claims procedure.

I'm pretty sure the court will find that they are in breach of contract - though I'm not a lawyer so it might be worth a quick discussion with a solicitor first.

[jess1]

Monkeyman: they are a load of old basket saddos

[mibut]

You can take someone to the county court online
http://www.courtservice.gov.uk/mcol/index.htm