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Ask HN: GoDaddy Trademark Infringement Claim - What do I do?
2 points by webstartupper on June 20, 2012 | hide | past | favorite | 9 comments
Hi All,

A while back I launched http://www.gomommyauctions.com. Yesterday, I received an email from GoDaddy Infringements stating that my domain name conflicts with their trademarks "Go Daddy" and "GoDaddy.com". They demand that I agree to the following -

1. Immediately discontinue any and all use of the Domain Name;

2. Take immediate steps to transfer the Domain Name to us;

3. Identify and agree to transfer to us any other domain names registered by you that contain the term "Go Daddy" or any terms that are confusingly similar to "Go Daddy."

4. Immediately and permanently refrain from any use of the Go Daddy trademark or any variation thereof that is likely to cause confusion or dilution.

5. Provide written assurances within 10 calendar days that you will cease your unauthorized use of this domain and transfer ownership of the Domain Name to us.

6. Inform Go Daddy, in an email sent to *@godaddy.com, of the measures that you have taken in this regard and agreeing not to use any trademarks or copyrights owned by Go Daddy without advance written consent of Go Daddy.

Do I really need to give up the domain name to them? The email does not state "Go Mommy" as the trademark.

If I have to give up the domain, what can I do in order to protect the traffic that I have currently. If I owned the domain this could be simply a 301 redirect to a new domain. (Google Webmasters tool suggests owning it for at least 180 days) However, in this case, if I have to transfer it to them I will most likely lose all traffic and links immediately. Is there a better way to handle this?

Thank you for your time

Akash



I actually think Godaddy is in the right here (and I don't say that very often). You've created a domain related service that could be confused with their trademark. Had you created an auction service that catered to any other niche I think it would have been ok because you were in different service categories. But no. You choice domain names.

Also, Godaddy own gomommy.com since 2002. You registered this name... last month.

To top if off, you're linking to Godaddy auctions with many of your domains. So if I click on many of them I end up on GoDaddy.


Unless you have a lawyer on retainer and don't mind fighting an ongoing legal battle, I'd do everything they demand, including transferring the domain immediately. You could try to negotiate, but I'd imagine they have absolutely no problem taking this to court, where they'd probably demand at least part of your lifetime revenue due to the trademark infringement (as well as everything for which they've already asked). Would you be ready to fight an almost certainly losing battle in front of a judge?


Edit: Sorry, everything I said was wrong. You are very likely infringing on their trademark and you should find a new domain ASAP. Don't transfer ownership to them - let them know you're going to change the domain name and set up a redirect and that you will transfer ownership in 6 months (if they pay for it).


It doesn't sound reasonable to me. Tell them to prove it. Honestly, you can't reasonably claim that anyone can confuse 'mommy' with 'daddy'. I mean seriously.


Agreed. They're just trying to bully you out of the domain.

Anecdote: A co-worker owned a domain www.furrytown.com back in the 90s (a pet lovers site, not the other thing...). Mattel was planning on launching a big toy line called Furry Town, and sent him similar letters to the one you've received telling him he should just give up the site or else face legal action. They claimed he had just scooped the domain up after he "saw it was copyrighted" by Mattel (of course he had no idea they were doing this before they sent the letters).

Well, he wasn't bullied by them, and just held his ground and told them they could try to prove it if they wanted, but he wouldn't just give up the domain. After a week or so they email him asking him what it would take for him to give them the rights to the domain. He said $10,000 dollars, and he received a check in the mail 10 days later.

Moral: Don't get bullied by a big company with no grounds for their claims.


He's lucky. If I remember correctly, Microsoft did something similar a while back, asking how much it would take to transfer a domain they considered infringing to them. Upon receiving the reply, they turned around and claimed the guy was squatting on the domain for profit and obtained the domain through ICANN's dispute resolution process for free.


I agree


Clickable - http://www.gomommyauctions.com/


wouldn't this be like orange.com (a UK telecoms provider) trying to stop apple.com from using the domain?




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