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bein fined for website name

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  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Remember I mentioned "threats action".....?
    In other words put website back up and now send them a letter demanding they recompense you for the distress they caused and the loss of business that you suffered due to the downtime, id say 5000 would be enough :P

    Rob
  • ^ and still go to the press...

    You can email into them -

    [EMAIL="talkback@the-sun.co.uk"]talkback@the-sun.co.uk[/EMAIL]
    [EMAIL="mirrornews@mirror.co.uk"]mirrornews@mirror.co.uk[/EMAIL]

    Draft your story in a press-release type..


    DRAFT-PRESS RELEASE

    XYZ sent letters to Sex Toy Seller over website name

    Mark Marky, from BenNevis set up the www.***.com
    website in a hope to bring in more income to his family over christmas. Only to receive a letter from XYZ demanding £5 and the website be removed.

    Mr Marky felt distressed about this incident, turned to the MSE Website for help...

    more to follow..

    Editor - XYZ news
  • I buy and sell domain names and have done for years, this domain name appears to have nothing to do with Silent Night. The only way they can screw you for damages is if you were selling beds, don't forget there are ways of tracking what you have historically published so if you have had any silent night competition showing, it will show on the web somewhere.

    But if you have solely shown adult sex toys then i think you're safe. But you can ask some expert domainers on dnforum.com and acorndomains.co.uk for advice in their legal sections to get a more specialist verdict. I think what you could call this is 'reverse domain name hijacking' which is a trick big companies try on all the time, yet they do lose their cases on a regular basis!

    Personally i think your safe, if they want you to transfer ownership they will have to go through ICANN (.coms) or Nominet.org.uk (.co.uk) of which they have to pay a lump sum to start the proceedings.

    Most domain name disputes are done through this process or they will bully the domain name owner until you give it up for free, so i'd suggest they need to go through ICANN or Nominet if they have an ownership grievance and they have no damages claim as you were not selling beds you were selling adult toys!

    Therefore i'd say you were not passing off as Silent Night and suggest they are attempting a 'reverse domain name hijack' and that your domain name will be defended vigorously.

    If you have any questions OP feel free to shoot me a pm, i'll be glad to help you out.
  • Naf
    Naf Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    One thing that occurs to me: I know that something often sold amongst adult toys are bed sheets (e.g. PVC 'wipe clean' ones); this product probably wouldn't fall directly under the label of toys or medicinal, might still infringe their trademark? Possibly worth considering what there is in your stock. I still think you're completely in the right to keep trading, and treat their demands as harassment!
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • I wouldn't enter into any correspondence with them at all ... especially saying that you don't have the money to pay them, that is virtually admitting liability. I would ignore any letters but certainly change the name somewhat and continue trading under the new name. Outrageous bullies.
  • I spoke to a solicitor and have been advised to change the name but not pay the fine

    I have changed it to not so silent at night
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ABERDEEN wrote: »
    I spoke to a solicitor and have been advised to change the name but not pay the fine

    I have changed it to not so silent at night
    Remember - it's not a fine.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ABERDEEN wrote: »
    I spoke to a solicitor and have been advised to change the name but not pay the fine

    I have changed it to not so silent at night

    I think that's a better name. Good luck with your business.
  • Good luck, love it when a little member sticks up for himself ; ) especially in your trade !! keep us posted
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good luck, love it when a little member sticks up for himself ; ) especially in your trade !! keep us posted

    Thanks for making me laugh!
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