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GoDaddy review : Recommend I pay for GoDaddy?? Godaddy Email me regarding TM infringement

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I got an email from Godaddy today saying that some of my names infringed on a TM, the email was forward to them from Verisign and then Godaddy sent it to me. They said they would delete it in 48 hrs if they heard no response, so I responded telling them to go ahead and do it as I'm unfortunately in the wrong on this one. Anybody else ever get contacted this way and what did you do?..

Comments (25)

Transfer it out of country. don't give a dam..

Comment #1

My little brother got on a kick(not really understanding what he was doing, as he is new to this) and regged several and GoDaddy sent him the same email. I told him that they did him a favor and saved him some money and that he should appreciate it, since most of the time GoDaddy is just after your money...

Comment #2

Irresponsible posting. Please read up on Tms and domains...

Comment #3

I also received an email from Sedo saying that one of my names infringed on a TM, the email was forward to them from Afternic. After a mail discussion with Afternic represenative we got an agreement. I gave the name to them for membership fee...

Comment #4

Hehehe... good answer Seriously though... don't do that boys and girls!..

Comment #5

Avoiding debates on the rights and wrongs of TM domains, this seems to me like GD overstepping their bounds. They have a responsibility to co-operate with UDRP resolutions both in helping identify the registrant and turning over the domain if a decision is made against the registrant. They are not law enforcement and even if it might SEEM to them that a case is black and white they are not in recognized position of authority to make that call. Deleting a customer's paid for domains within a ridiculously short period as 48 hours (ever heard of people taking a vacation Bob?) with no response is just one more reason why I tolerate holding a GD account only because a lot of aftermarket domains I buy are there and then I transfer out on day 61.

Don't even get me started on the hypocrisy of ranting about domain kiting while auctioning off your customer's domains before they're even out of redemption and 'testing' the traffic so that you can set a higher minimum bid for those getting hits..

Comment #6

GoDaddy sends out the TM emails only if they recieve a valid complaint from a TM holder - They do this based on their legal department (several high priced in house laywers - one of them an incredibly attractive red head) Having worked there for over a year - I can assure you that it does happen quite frequently. Many times from major brands. Based on the TOS you agree to when you opt in for service, this is what gives them the right. But the truth of the matter is that if you are in violation of a TM - you do need to relinquish that domain name. With GoDaddy you do have the right to challenge the deletion - the email simply is designed to get you to react within a timely manner...

Comment #7

Oh I agree, absolutely, my issue is with GD appointing themselves judge and jury and "granting you" 48 hours to respond. There are established mechanisms for TM holders to protect their rights and those mechanisms give people a lot longer than 48 hours to respond. At the end of the day you're right though, you bend over when you click their TOS and then just brace yourself and wait......

Comment #8

Violation of a trademark does not mean you have to relinquish a domain name..

Companies can trademark anything, but thoses trademarks are not.

Necessarily enforceable. Godaddy acted inapropriately..

GiddyUp has rights too and Godaddy should respect them...

Comment #9

GiddyUp, could you post a copy of that email? Something doesn't add up...

Comment #10

One of them an incredibly attractive red head.

That wouldn't by chance be her on GD's home page, would it Justin?..

Comment #11

I deleted the e-mail, sorry. It was from godaddy and had been given to them by Verisign, because the owners of the TM contacted Verisign regarding the infringement, and they in turn contacted me...

Comment #12

I think as long as they give you a way to refute the claim, it's alright, though I do agree that 48 hours is far too short a period of time. I think there should be ICANN policies governing these types of things. Maybe there are, but maybe GoDaddy uses their TOS to add additional clauses, much like the 60 day change of ownership info bit... Something as important as this should be a clearly defined process which is required to be the same at every registrar...

Comment #13

I'd be leeryit could be a scam. Person could be trying to get you to delete the domain so he/she can reg it. I've never heard of GD sending out emails like this before...

Comment #14

Fonzi, this is true and I did consider that. However, I responded to the email from the godaddy rep and we conversed a few times back and forth and she told me that they only forwarded the information and gave me an email address at verisign to contact. I sent an email to them simply saying if it was a trademark infringement and they had the right to delete the name, then go ahead and do it. I still have not gotten a response..

Comment #15

This does not sound right. Why would verisign wants to be involved and acted as police?..

Comment #16

As Dave alluded to, that just doesn't make sense... Check your sent box for a copy of an outgoing message with the original attached, or just email your rep and ask for a copy of the email again.

And everyone, almost the worst idea I've ever seen: Like that works.

-Allan..

Comment #17

Is it for .de ?

Its not verisign , it's the proxy admin who has provided you with you with german local admin contact that does not want to provide this service any longer on your names...

Comment #18

Godaddy has a perfect right to conduct business how they wish. As the #1 registrar they are likely to get into a TM lawsuit and even a class action against them. They are trying to go public (delayed for now) and taking heat isn't what they want. I am NOT a fan of Godaddy and don't register anything there. However...it's the consumer that has a choice on where they shop for their domains. Go reg it elsewhere. Godaddy isn't the cheapest around anyways...

Comment #19

What is meant by "delete" and "deletion"? That GD deletes it from your account or what? Lots of weight on what that term means as far as retaining ownership...and the consequences thereof...

Comment #20

Scorpio, yes it was the C-Admin, and they eventually emailed me directly a few days ago saying they were no longer willing to keep that title. It was a law firm in Germany who was actually very courteous and polite in handling the matter..

Comment #21

GiddyUp, that doesn't, at all, match the fact pattern you gave us in your original post: -Allan..

Comment #22

Sorry. Not true. Companies are not allowed to operate as they wish. If they could, we'd still have child labor. Regulations supposedly are in place to prevent such abuse.

GoDaddy supposedly follows ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP). Which defines how a conflict is to be handled. GoDaddy themselves say, "Unfortunately, we cannot make any changes to the registrant fields without a legal change of ownership, a court order, or an order by the World Intellectual Property Organization (WIPO)." (It's in their FAQs: http://help.godaddy.com/article.php?...06&topic_id=&&).

Do they have a court order? I guess, not. If they did, they would not give you 48 hours. The letter is definitely outside of their authority.

I'd give you this advice. Seek legal help. If you're clearly wrong, get rid of the domain and save yourself some money. If it's a gray area domain, decide if the money of losing a court fight is worth it to you. You might win, but it's a big risk.

In any case, if GoDaddy takes your domain without legal right (They're not the Justice Department.), transfer all your remaining domains away from their company one at a time followed by an email explaining to them why they are losing your business. Maybe they'll rethink their abusive of power if a few hundred people do the same...

Comment #23

So given the unfavorable outcome of having a domain name registered with GoDaddy.

That possibly infringes on a TM. Are there any other registers that are better in regards.

To not just canceling a name at the slightest threat of legal action?.

I probably have one of those gray area domains at GoDaddy currently, and have.

Been thinking I should transfer it away given their unfavorable TOS...

Comment #24

That question has no easy answers. Registrars treat legal issues on a case to.

Case basis.

Just look around a couple of others. Dynadot, Moniker, etc...

Comment #25


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

 

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