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Hello most venerable Legal forum folks. Please forgive me if this has been discussed before, I have searched the forum and can't find the answer. I have received a C&D regarding a domain that I am willing to transfer to the claimant. I'm a bit swamped and have decided not to develop the domain any time soon and he has a fairly reasonable claim to it. I would probably let it drop in a few months. My question is- (this is my first experience with a C&D) Is it common practice (or prudent) to ask for a letter stating that the transfer of the name settles the claim and that there will be no further action taken against me? Also I have the plural of the name and the .tv and .info versions.

This forum has been a huge help to me in the past and I would like to again express my thanks to the members who post here..


Comments (6)

You can email the EPP transfer code stating that if the person submits a transfer of the domain, all of the legal disputes surrounding the domain name are released. 99.9% of individuals sending C&D letters will still go ahead with the transfer.

Just remember, no matter what advice you receive on this forum, it is no substitute for the advice of a licensed attorney...

Comment #1

Normally you want to have something in writing that by transferring the domain to them you are not admitting any wrongdoing. Truth is that even after you transfer the domain to them..they can still sue you. Chances are they won't but it's nice to still make sure of a few things. Loose ends and all...

Comment #2

Thanks Fonzie and Labcocca that helps a lot. Your advice is much appreciated..


Comment #3

Contract of adhesion by the <potential> wrongdoer? Sounds a little too much like aliengg (grant gao) for my tastes.

Still, if you are that worried about it then Fonzie's second line of advice is a necessity. Otherwise, you roll the dice!.


Comment #4

If the party doesn't like the adhesion contract ("take it or leave it" contract), then the party can pursue other legal avenues against you or negotiate different terms. I'd argue it isn't so much an adhesion contract as it is a waiver of claims based on ratification of a bi-lateral contract...

Comment #5

Thanks Allan. I'm not overly concerned about this, I just wondered if it is common practice to obtain some kind of letter stating that the issue is resolved. This C&D was an email, not from a lawyer and a generally polite request, that being said, it did state that he would reluctantly "consider legal action". My feeling is, the name is more important to him than to me, and it's no great loss for me to transfer it to him. It's not worth the hassle of arbitration..

I have to admit that I had to google "aliengg" and about 10 pages into the DNF thread I glazed over. Could you please tell me what part of this leads to the comparison to aliengg? From what I've read so far it is not a name that I would care to be associated with. Again thanks for the reply...

Comment #6

This question was taken from a support group/message board and re-posted here so others can learn from it.


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