Solicitors Letter for a Domain

bedazzledaz · 07-05-08

I have just received a solicitors letter because i have the domain LACOSTE TRAINERS | FOOTWEAR | CLOTHING AND ACCESSORIES FOR MEN, WOMEN, BOYS AND GIRLS which is set up as an ebay affiliate.

I was just wondering if I have a leg to stand on or will have to give the domain up?

They also want my proposals for compensating their client, what do they want, 10, 20 quid??

Any advice would be great

Darren

chs · 07-05-08

You've no chance, I would ask for £150 for out of pocket expenses and be done with it.

loquax · 07-05-08

Having a had a look at other lacoste domains, I'd say you're on dodgy ground if their trademark geezers have come knocking.

Fighting it will be costly... so if the domain is making peanuts, get out as quickly and cheaply as you can. Don't offer them anything in terms of compensation, offer to sign an agreement stating you'll not do it again.

They may want solicitor costs - it really depends how hardball they are.

Whatever you do, when corresponding with them.. put "Without Prejudice" at the top of your letter/email.... and if possible keep it friendly (it gets more costly otherwise).

Jason

ChrisBishop · 07-05-08

Hi Darren

I agree with Jason.

From a legal point of view you are passing off as Lacoste and benefitting financially from their registered trademark.

They own the IP to Lacoste and other branded terms and their logo - Again in the eyes of the law you are misrepresenting Lacoste therefore they will most likely win.

My view is to be honest and apologise and declare it was a mistake - admit you are taking the domain down and will not re-sell (especially not to barefruit!

) and I trust your honesty will be taken onboard and a slap on the wrist rather than a bite in your finances!

bapages · 07-05-08

Make sure you was selling genuine trainers, as it is not unheard of for IP owners to make a purchase as well to test the products

findlite · 07-05-08

Send the letter back "Not at this address" and delete the website and let the domain expire. Simple as that! I think that getting into talks with them is a bad idea as solicitors and large companies can completely **** you up if they want to!

Delete the site today! And send the letter back tommorow!

You could try the whole "honest mistake" thing but I think they will rob you blind anyway! Solicitors are clever thieves! They break in through your letterbox!

Stavros · 07-05-08

I don't think you've done yourself any favours by slapping the Lacoste logo on your webpage since this really is the definition of 'passing off', chances are you may have avoided all this if you simply hadn't used their logo.
Agree with the others though, make your apology and intentions clear, in most cases you'll walk away with a slapped wrist and nothing else, no guarantees though!

Best of luck!

EDIT: take the site down though, whatever you do!

bedazzledaz · 07-05-08

Thanks for the advice, I didn't think i'd have chance really, i've taken the site down now and will respond to them.

oops

3wdl · 07-05-08

Still kind of ironic though. They don't have an ecommerce site (the current flash site is a bit.. well, rubbish) and will probaly do nothing with the URL once they have purchased it.

Whereas you are actually trying to sell the trainers (be it through a 3rd party ot not) to give them more money, and they want you to take it down.

Obviously it's a trademark thing but all the same...

tbp · 07-05-08

Really sorry to hear this, and much better roll over without a fight. Even if you win cases like this (which you wouldn't though), the legal costs alone can cripple you.

Trademark domains have been discussed quite a bit in the last week, and I think this goes to prove to those who were in two minds that they aren't a good idea.

fizzbird · 07-05-08

Quote:

Originally Posted by bedazzledaz

I was just wondering if I have a leg to stand on or will have to give the domain up?

They also want my proposals for compensating their client, what do they want, 10, 20 quid??

Shut the site down definitely but never reply to a solicitor's letter. No one ever got sued for keeping their mouth shut!

I register all my domains in my partner's name as a non-trading individual. Never had any problems with google or nominet (yes, he does know btw

.

I've had a couple of legal threats but just ignore them.

bedazzledaz · 15-05-08

pffft, ok received a reply from the Solicitors after they have spoken to 'Lacoste'

and although I have taken the site down and actually deleted the domain they want me to transfer the domain to them and pay them £450, being costs incurred by their client in taking this action enforcing its rights

is it best to put up and shut up?

renegade · 15-05-08

The problem with any trademark domain infringements is the owners can bite back at any time and claim for loss of earnings which is an unknown quantity I'd rather not have to worry about. Get out as quickly and cheaply as you can.

Hey, that's my 3000th post!