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).
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!
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!
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!
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...
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James Little | Head of Affiliate Development | AffiliateFuture
Email/MSN: james.little@affiliatefuture.co.uk | Phone: 0207 927 6579
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.
) and I trust your honesty will be taken onboard and a slap on the wrist rather than a bite in your finances!
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