Re: Re: Re: Re: Re: URL Piracy? Is this legal?

Subject: Re: Re: Re: Re: Re: Re: URL Piracy? Is this legal?

Comments:
: : : Thank you both for taking time to reply. I will continue to look into this. : : : : Nicole, : : I agree with Matt and Auslander: You should have never let the domain name registration lapse. However, I am sure that you have learned your lesson. : : The way I see it: : : They have your site. You want it back. My legal opinion is that you should ask them to kindly give you your site back. Sound crazy? It is not a crazy notion at all. In my experience, a cease and desist letter from an attorney can often lead to the recovery of a domain name which contains a trademark. While my experience has been with marks registered with the United States Patent and Trademark Office, its worth a shot using your common law trademark. What's the worse that can happen? They say "sue us" and you have to either sue or back down? Either way, you have some trademark rights and the cost of this remedy may be outweighed by the chance of getting the domain back. : : Jamel Oeser-Sweat : : Attorney At Law : : Copyrights * Trademarks * Patents : : 26 East 105th Street : : New York, New York 10029 : : Phone: (212) 696-6587 : : Email: attorney@jamelsweat.com : : Internet: http://www.jamelsweat.com : Dear Mr. Oeser-Sweat, : There are rights under the law of unfair competiton which might be enforceable in court. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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