Urgent Help Required re: TM's

[AssetDomains]

have you actualy put up a site here advertising telephone services as I'd imagine them words are prety generic terms and you have done nothing wrong I'd hold of doing anything before someone with more experince chimes in.

 

[Retired_member41]

Forgive me Caz, not intended to mess anyone around.
It's only continuing as I'm having good advice from members but some say do this and some say do that. I am new to this.

The domain is skytalk.co.uk, and the company is Sky.

What do you think Caz ? What would you do ?

Many thanks.

aZooZa - I wish I had, ha ha ! :smile:

If you regged it without the intention or knowledge of sky and it's sky talk service. Tell them to get lost.

If you regged it intentionally just delete it.

I would do no more.

If it was the first one sell it to them for £500

There are massive holes in their tm classes so no need to worry.

 

[AssetDomains]

put up a holding page about astronomy or something dont see what would be wrong with that

 

[aZooZa]

..................................
http://www.liveatc.net/feedindex.php?type=international-eu

 

[grantw]

Personally, looking at the domain name, I don't think this is a blatant infringement, however, you've got a domain containing a trademarked term which goes to a landing page showing adverts for satellite/cable tv companies that are rivals of the trademark holder! This obviously aint good at all.

If they want to sue you they still can do even if you delete the domain, no matter what anyone on here says, I've seen it happen before! Chances are they won't but why risk it for the sake of spending 2 minutes doing a tag change or initiating a transfer?

Basically ukreg have screwed you up the ass by showing ppc ads on your domain for their own personal gain!

I've got to say there's been some really shit advice given out in this thread!!

Grant

 

[Pred]

okay the parked page changes many things
op didn't mention that

maybe if you had a cloud based service or something or even a chat room with clouds in background etc. at least .uk names go to mediation and may have got something if got that far

having parked does not help you and sky's owners go for kill. they send out private investigators and stitch up politicians, journalists etc
murdoch is a lowlife

maybe in this case change tag but again sign nothing

bottom line you have to weigh up time, money, risk etc

if it's a handreg and you're not defending a valauble generic then let it go. even if you're not paying lawyers yourself, why get the twats pursuing you extra fees

 

[aZooZa]

..................................

 

[afx]

Send them one final mail saying please provide the email address to initiate the Registrant transfer to and soon as you receive it you will start the transfer process. Also change the DNS immediately so the name is not showing PPC ads. Do not TAG transfer it to them -- let them take care of that at the transfer stage.

Sign nothing, say nothing else -- do not enter into any further dialogue with them and answer no more of their emails.

You received a standard cease and desist with the intention of scaring the crap out of you and it appears to have worked. However; if they had any intention to sue the first thing you would have received would be notification that a case had been filed.

As Grant mentioned they can if they want still attempt to sue you while you own the name, whether the name is transferred or whether you cancel the name. This is out of your hands -- but it all suggests they just want the name.

If they don't respond in a timely fashion and or start making additional threats and demands -- login to your account and delete the name. You can demonstrate that you have been more than accommodating should any further action be taken. You are well within your rights to cancel the domain as you've decided you no longer want it. At which point it highly likely you won't hear from them again and the same canned C & D will arrive at someone elses door if they are stupid enough to not provide you a transfer email address.

 

[KingDomainNames]

I am humbled by your help and guidance everyone, and forgive for being confused when one good person says delete and another good person says change tag and another good person says to use the Registrant transfer.
Ultimately, I have to make a decision.

CAZ - thanks for your reply. It really was registered unintentionally - I have never used Sky. Your reply did make me feel more relaxed about the situation.

Newpbc - thanks for your advice, but on this occasion I just want shot of it and move on.

AZooZa - what an interesting link !
AZooZa - thanks for your reply. I looked into their T&C and can’t find any info re: hosting, only info saying about domain names and it’s my responsibility etc. (fair enough), so I am assuming it would be the same for hosting too.

Grantw - Agreed completely re: “ain’t good at all” - I didn’t realise there were competitior ads showing on the page - I just used the default name servers (fast hosts’) when I registered the domain, and since forgot about it.
I should have been more vigilant for this situation at the time, although at the time I didn’t know how it works. I have certainly learned from that.

Pred - sorry this wasn’t mentioned in previous posts.
Thanks for your suggestions. As Sky seem like hard core, I’d rather not have the hassle etc.. Life is too short for me.
The time, money and risk are not worth it for me.
I can’t afford extra fees either.

I understand that they may still come after me and I just have to deal with that if it happens (gulp).

Afx - thanks for your reply - my decision below reflects some of your advice, as well as others.
I tried to change the DNS to delete those fields, but it won’t allow it - it says there must be some type of name server entered.
They did scare the crap out of me, but your reply certainly helps.
I’m worried (as per previous advice) that if I just delete the name, then if someone else registered it, I may be cited as being still involved with the new registrant in collusion.

I previously spoke to the legal team at Sky when I first had their letter, and they did say that if I transfer the domain name and sign and return the prepared document (see previous post for details), then no further action would be taken.

When I first registered the domain name it asks you to set the name servers, and the default is fast hosts’ own.

I have tried to change the name servers to show no name servers (I.e. tried to empty those fields) but their system says there has to be some form of name server entered.

I am going to phone them before 9:30am to ask for the email address for which I can initiate the registrant transfer, as I have no more time to think about it.

My decision is to give them the domain (CAZ - I know you probably think I am a pushover now !), by registrant transfer firstly, but when I speak to them and they just want the tag changed for now, I’m just going to do the tag change and let them sort out the rest.

The wording in the letter they want me to sign doesn’t seem that bad, and I have considered just amending it, but my decision on that is not to sign and return it for now, but just hold on to it.

I will update you on any further developments.

Many many thanks again everyone.
Steve

 

[afx]

You can put any old guff in as name servers to take the site down and do so poste haste.

eg.

ns1.lkjhjlk.net
ns2.lkjhjlk.net

You've received more than enough advice on how to deal with this and of course you're going to get different opinions. (there's more than one way to deal with it).

I don't see anybody recommending you phone them up -- you're tipping your hand by acting very scared and being too accommodating; their legal team will love this and it could invite further action (a legal bill for example) if they think you're a pushover.

 

[KingDomainNames]

afx - thank you for your help.
You are right - I have had lots of help here, for which I am grateful.
And you are right - there will be differing opinions.
As a newbie I have now learned from this, and as experience grows then hopefully I can help others too.

The tag has now been changed, and I am not returning any signed form.

Hopefully that will be the last I will hear, but if I do hear more, i think it only fair to update you all in this thread to show others if any consequences arise.

Thanks also re: "being too accommodating". Knowledge (or rather applied knowledge) = power and now I know what different courses of action are available in such situations.

Thanks again.

 

[anthony]

..........

 

[Pred]

good luck Steve
on balance I think the advice from afx is the best and should follow that
take care and let us know how it has all gone in a couple weeks

 

[KingDomainNames]

Thanks Pred,
Agreed - afx's advice is great advice (as is everyone else of course !)
Will definitely update in a couple of weeks, or if any other developments occur.

I am really grateful to everyone who has contributed and judging by the number of views of this thread, other newbies may benefit too.

Best wishes,
Steve

 

[KingDomainNames]

Hello everyone.
Update time:

27th April: I changed the Tagname from FASTHOSTS to MARKMONITER.
I then went on holiday and managed to relax and enjoy.
6th May: Sky's domain manager rang me saying the tag hadn't changed.
I checked my fasthosts account - couldn't access the domain to check (as I had previously changed the tagname) !
Rang Fasthosts - they said they would amend their system so that i could access the domain again. 10 minutes later I checked again, and this time could gain access, so I changed the Tagname again.
9th May: checked the WhoIs - Tagname had changed but my name still showing as registrant.
10th May: checked again - registrant had changed to Sky.
Also, Sky rang and left a message saying thanks.
[I thought that was the end of it]
11th May: Received an email from Sky Legal Team, with an attachment of their original letter, asking me again to sign the undertaking they had prepared for me and return it to them "very shortly".

The undertaking again that they have once again asked me to sign and return:

---------------------------------------------------------------

“
Dear Sirs,
TRADE MARK INFRINGEMENT & DOMAIN NAME ABUSE - skytalk.co.uk

In consideration of Sky agreeing not to commence legal or domain name dispute resolution proceedings against me in respect of the acts of trade mark infringement and domain name abuse referred to in the letter from Sky dated 6 April 2011, I hereby undertake that I (whether by myself, through any directors, servants, agents, companies, businesses or otherwise) shall not without the prior written authority of Sky do (or permit to be done or assist the doing of) any act which infringes Sky’s word trade marks and logos compromising or incorporating Sky (“Sky Marks”), and I further undertake and confirm as follows:

1. I shall transfer the domain name, www.skytalk.co.uk (“Domain Name”), to Sky within 14 days of the date of these undertakings, including completing all relevant forms to transfer the ownership.

2. I will not register any other Sky-formative domain names.

3. I shall immediately cease and refrain from using the Sky Marks in any form of media whatsoever or infringing the Sky Marks in any other way, including but not limited to, use in respect of marketing material, advertisement, direct mail, leaflet, domain name, any online content, or material similar to any of the foregoing.

I understand that the terms of this letter and the undertakings set out herein are to be governed and construed in accordance with English law, and that the English courts will have jurisdiction to hear matters arising out of breach of these undertaking.

Yours faithfully

For and on behalf of Stephen Moon
“

-------------------------------------------------------------------------------

Question re: the above document they want me to sign:
Any thoughts on whether I should
a) just sign it and just send it back as it is,
b) amend it slightly to tell them I didn‘t intend any bad faith, or
c) just send it back with a covering letter saying I didn‘t intend any bad faith.
I’d be grateful for any feedback, as it appears that Sky are not going to let it go.

Many thanks again.

 

[AssetDomains]

Personally I wouldn't do anything and ignore it saying that I wouldn't have given them the name either as the words sky and talk are fairly generic.
This is one of them were your best getting proper legal advice though if your really worried

 

[anthony]

...3. I shall immediately cease and refrain from using the Sky Marks in any form of media whatsoever or infringing the Sky Marks in any other way, including but not limited to, use in respect of marketing material, advertisement, direct mail, leaflet, domain name, any online content, or material similar to any of the foregoing...

Looks like a gagging order to me.

 

[Retired_member41]

Just ignore letter. Send complaint to nominet that markmonitor have breached their nominet terms and transferred a domain without your permission.

And start it all again lol

 

[Pred]

just tell them dominique strauss kahn was on your shit list and look what happened to him
murdoch will be next lol

 

[jasman]

Why prolong having to think about this issue any longer and wasting more time? Just sign it, send it off, forget about the whole thing and get on with some positive creative projects.

Whether or not they may have overstepped the mark with their demands, presumably you're not going to register any more domains like that or host any web pages relating to the word 'sky', so in practice agreeing not to do these things is not going to restrict you and yet will allow you to put the negativity behind you.