bein fined for website name

madbadrob

Equaliser123 wrote: »

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

Alias_Omega

^ 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

aggieuk

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

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!

Homeagain

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.

ABERDEEN_2

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

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

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.

Happychappy

Good luck, love it when a little member sticks up for himself ; ) especially in your trade !! keep us posted

Mojisola

Happychappy wrote: »

Good luck, love it when a little member sticks up for himself ; ) especially in your trade !! keep us posted

Thanks for making me laugh!