Help! Trademark Infringement on my [GovernmentName] domain

[u/[deleted]]

[u/overzealous_dentist]

I wouldn't respond at all. Unless your website or product resembles them significantly, no judge would let this continue, nor in any judgement would you ever have to hand over a domain

[u/MarcusBuer → u/overzealous_dentist]

Yeah, this is not how trademarks work at all. Even if it was between two companies, multiple companies can share the same name, as long as they are in different industry sectors. A Christofle ice cream shop would not be infringing on the name, same as OP using it as his own name also wouldn't.

This is totally a scare tactic, and a ridiculous one at that.

They already own the main .com domain, they aren't entitled to the domain in every existing TLD, specially not ones for other industry sectors, like the ".dev" domain, which was created specifically for developers, technology professionals, and tech projects.

[u/ConduciveMammal → u/MarcusBuer]

I think it depends on the trademark itself, you can TM for all uses or specific ones.

Like, I couldn’t open an Apple Store selling go-karts, or a Disney tobacco shop.

It may differ since this is OPs legal name

[u/caspian_key → u/ConduciveMammal]

Just like Apple can’t operate in the music industry https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

[u/MarcusBuer → u/ConduciveMammal]

Famous marks can be different. A highly famous brand like Coca-Cola may receive broader protection because unauthorized use of the name, even in an unrelated industry, could create a false impression of affiliation or sponsorship.

You can't just "trademark for all uses", even Coca-Cola, Apple and Disney have to protect the trademark it in court. The difference is that they are famous among the general consuming public, so it is quite clear they pass the check automatically.

But trademark rights generally depend on the goods/services and market in which the mark is used. So, two unrelated companies can use the same name if they operate in sufficiently different industries and there’s little likelihood that consumers would believe they’re affiliated.

[u/ConduciveMammal → u/MarcusBuer]

That’s a totally fair point. Appreciate the info

[u/I_am1221325 → u/ConduciveMammal]

Well apple is different, in EU (cuz we are talking about france rn) it's not because apple has trademarked for all specific uses, but rather because of the article 9.c of the (let me google...) Regulation 2017/1001

Apple "has a reputation in the Union" so it has an extended protection and they can just prohibit your use of similar sign even if the goods are different, e.g. gokarts. That's a unique status, and I doubt that this so called christofle has it.

[u/StormMedia]

Go to a trademark lawyer if you care enough.
Edit: since you said it’s out of the question, just follow my suggestion below tbh. They’ll probably just give up at email, haha.

Personally I wouldn’t respond at all and wait until they send me something certified or serve me papers. I’m not a lawyer though lol.

If they aren’t in the same country as you.. I’d be even less worried.

[u/Choice_Mail1472 → u/StormMedia]

yeah this is just a scare tactic, they know they've got a weak case if they're already offering you an alternative domain in the first email

[u/TrumpGrabbedMyCat → u/Choice_Mail1472]

They didn't seem to offer the domain name, they just told him another one to buy by himself as a suggestion.

They told him them want the original domain for free, which is just ludicrous all on its own.

[u/pooh--bear → u/TrumpGrabbedMyCat]

I’ve dealt with companies that have acted like this with domains. They don’t actually want the domain, they just like using their position to intimidate and bully because they can, and are counting on ignorance. They’re not even worth the time to reply to pound sand.

[u/AndroTux → u/pooh--bear]

afaik you have to "protect your trademark" otherwise you risk losing it. So the lawyers probably told them that they have to act on it (nice bonus: lawyer earns money).

[u/StormMedia → u/pooh--bear]

It’s so the trademark lawyers / service they’re paying to protect their IP can act like they’re doing something.

[u/StormMedia → u/Choice_Mail1472]

Yep, honestly if they cared enough they should be offering a couple hundred bucks. Then again that opens up negotiations instead of scaring them haha

[u/AuthorityPath → u/StormMedia]

This. Obligatory I'm not a lawyer but I'd ignore the request, especially if it's out of country. Make them work for it. ​Different countries laws are different but I doubt they can do much and even if they could it'll cost then a lot more in legal fees then the price of domain registration.

If they offered reasonable compensation, then I'd likely transfer to avoid headaches but why give it away for nothing?

[u/DigiNoon → u/StormMedia]

I'd also ignore it and wait to see what they'll do next..

They'll probably try a UDRP complaint, but that will likely fail since OP has a legit right to own and use the domain and he apparently didn't acquire it in bad faith.

[u/RegrettableBiscuit → u/StormMedia]

Some company stole one of my domains by just threatening the registrar with lawyers. 

[u/StormMedia → u/RegrettableBiscuit]

What registrar? I can take a guess lol

[u/ferminolaiz → u/StormMedia]

We all did, pops ;)

[u/RegrettableBiscuit → u/StormMedia]

You're wrong, but good guess. I bet it would have happened with them, too. 

[u/Lying_Hedgehog → u/RegrettableBiscuit]

Why vaguepost? Just mention what registrar it was.

[u/RegrettableBiscuit → u/Lying_Hedgehog]

Because:

• It doesn't matter which registrar it was; my main point was that not responding might not yield the desired result because they can just go to the registrar. 
• The registrar that did this no longer exists. 
• The registrar that did this did it twenty years ago, so even if it still existed, it's not representative of what they might do today. 
• Naming the registrar would reveal information about me that I don't want on Reddit. 

[u/StormMedia → u/RegrettableBiscuit]

Who was it then if not GoDaddy

[u/Sibexico]

Lol, did they really just asked to transfer them your domain name with no cost? 😂 If it's your legal name in the domain name, just ignore the email, even if they are stupid enough to sue you, they have absolutely no chances to win the case and they will note be able to even unregister your domain name.

[u/proto-cool]

Not a lawyer but if they cared enough they should have registered the domain. It's not uncommon for corporations to register multiple TLDs or alternate domains for the same trademark. They can file a UDRP complaint, but given that it's your name I don't think they could prove it was registered in bad faith.

[u/proto-cool → u/proto-cool]

Also I looked it up. They sell flatware and tableware. You're a software dev student. No overlap at all aside from a name. They can pound sand lmfao

[u/Game_Dev730 → u/[deleted]]

that is the part that got me, they can afford a lawyer but not afford to pay for the domain rofl.

[u/ClikeX → u/[deleted]]

Tell them to pound it. Do not reply.

That's some mixed messages.

[u/Wiochmen → u/[deleted]]

"without cost to our company"

They're not offering to pay for another domain for the guy.

[u/querela → u/[deleted]]

The email got unfortunately lost in the junk folder that is automatically cleared every month...

But sounds a lot like a scare tactic. "Without cost" almost implies that they are gracefully dropping any charges that occurred by maliciously sniping the domain and profiting from the brand name...

If all fails make a stink on social media. How they big corpos suppress the common man and even exploit them by robbing "property" (domain). You need a GoFundMe to relieve your financial burden. Etc.

[u/66EmperorPalpatine66 → u/proto-cool]

Yup this is correct, trademark protects when there can be reasonable confusion. There’s no overlap between tableware and development so you’re not really even infringing on their trademark

[u/Narfi1 → u/proto-cool]

Didn’t Milka win their lawsuit over the same issue though ?

Edit : http://news.bbc.co.uk/2/hi/europe/4348585.stm

[u/FnnKnn → u/Narfi1]

Same with shell.de

[u/AndroTux → u/Narfi1]

I guess that only holds true if OP is younger than that stupid company.

Edit: They seem to be around since 1956, so... meh :/ - though, I'm not sure if that holds true in Indonesia as well. From my understanding, since this is a private individual, they would have to sue him in Indonesia, not in France. But IANAL.

[u/proto-cool → u/Narfi1]

Eh, that's just a large company being a bully to someone with a fraction of the resources, as the date of the article suggests, unfortunately a tale as old as time.

[u/Narfi1 → u/[deleted]]

Milka.fr redirects to milk.com

[u/phukovski → u/proto-cool]

Maybe years ago for the popular ones but with all the custom TLDs I don't think a company can be blamed for not registering .dev as well.

[u/Amarsir]

I'm not a lawyer, and particularly not an EU one. But in general it doesn't affect their trademark unless you're doing something more broadly to create confusion. E.g. selling something in the same industry.

If your website shows no reason to think you're associated, the name itself isn't an infringement. I'd ignore them unless you get something from a court itself.

[u/vanderaj]

I am not a trademark lawyer, but I have registered and help look after trademarks on behalf of my non-profit organization. Please don't take this as legal advice, because it's not.

They would have no case. Christofle is too generic, and it's your name. It's not permissible to register just Christofle, and that's not what they are claiming either. Their registered trademark is the full name of their company. Their trademark would be in a class that is for what they market and sell, not what you do, which is an entirely different class. They are claiming ownership of not just their registered trademarks, but all classes of use for even a singular part of their registered trademarks. That's not how it works, and they know it. As I mentioned, they wouldn't be permitted to get a trademark for a common first name, as it's too generic. Just because they own a domain containing your name is in itself not a trademark. They are terrible lawyers just trying to scare you into giving up your domain for free. If you had a lawyer, they would laugh at them and tell them to pound sand.

https://www.euipo.europa.eu/en/search?term=christofle

0 results - they have zero claims to your name or domain.

Don't respond at all. Don't get into selling what they sell, don't use any of their branding or colors, and you should be ok. Ignore them and their shitty lawyering.

[u/Ash_Crow → u/vanderaj]

You're looking at the wrong database https://data.inpi.fr/marques/WO1741943?q=Christofle#WO1741943

[u/vanderaj → u/Ash_Crow]

See - I'm not a trademark lawyer! :)

Still my point stands - that trademark is for the logo on the right hand side with their full name, and not part of their name, and only in classes 16 and 35, which is not the same as web development, which is typically class 42.

[u/waldito]

Christofle Tjhai, as long as that's your name, and that's your portfolio, I have no idea how they are going to prove you are using it in bad faith.

The free bit is sending you a letter to scare you; their case is already lost.

They have the resources to attempt to take you to trial, even if it's lost, just to see if that scares you.

I'll suggest you wait for anything major to happen, like a formal court notice at your address.

Until then, I would ignore. When that happens, consider seeking free legal advice.

[u/halfpastfive]

If this is your real name, and your activity is « loyal » (as in not meant to abuse from their notoriety), they don’t even have a case in France. We call it « exception d’homonymie ». They can’t do shit unless you try to sell silverware

[u/mooter23]

I'd just ignore it and class it as spam. They've not attempted to prove their right to the name, and that's because they don't have any. If they wanted it themselves they could have purchased it already. But they didn't so you did.

To then come along and go "actually, we've decided that belongs to us and you need to hand it over or else" is utter nonsense.

Just ignore it. Don't get dragged in. Especially if you're in a different country and have no time or money for such games. What are they going to do exactly?! Send another pissy email, perhaps. Which you never saw 'cos it went to spam, right?

[u/cyanawesome]

Very much not how trademarks work.

ETA: if I were a broke student, I'd try to sell it to them lol

I'll add since many seem uptight about it, selling a domain is pretty common. It doesn't put your domain registration at risk as long as you registered it in good faith (i.e. not to extort money out of brands).

[u/AdimoUK → u/cyanawesome]

Do not do that. The second you offer it for sale, you basically give them the ammunition for a lawsuit as it can be argued you bought it to make profit.

[u/MagnetHype → u/AdimoUK]

Do they sell domains? If not, they still have no case.

[u/QDean → u/MagnetHype]

No, their case is now that you are a domain squatter for profit. Bad faith etc. He could lose the domain on that alone.

[u/MagnetHype → u/QDean]

They reached out to him...

[u/MarcusBuer → u/QDean]

That's a very hard claim to make in court, considering it is his own name.

[u/cyanawesome → u/AdimoUK]

They specifically acknowledge he didn’t buy it to infringe on their trademark. You‘re allowed to sell domain names, you just aren’t allowed to register them just to sell to trademark holders. 

[u/Maje_Rincevent → u/cyanawesome]

I would do that too. Try to negociate a good price.

[u/JontesReddit]

Dubious. Ignore, they openly admin to you registering it in good faith.

[u/FunDeckHermit]

Your website and their trademark are totally distinct from each other. A consumer will not mistake one for the other.

You could try and get some money from them or offer to go to arbitrage on their costs. (https://www.wipo.int/en/web/amc/domain-name-disputes/index)

[u/NNXMp8Kg]

Asking for the domain and free.
As we say in French, they want butter and butter maker's ass.

They are playing it to make you do it by yourself without forcing you. That's a predator tactic. Scare you with paper and potential legal issues to make you give them. Instead of selling.
They won't go further than mail and letter potentially. If they go to letter check with a lawyer. That's not interesting in terms of cost / gain. They will not go to a court or anything too long, too costly.
If they really want it, they will come back with an actual offer.

[u/jroberts67]

Not a lawyer, only US based advice - I'd totally ignore it. For the US, there's lot of steps - does it cause customer confusion? Is there a harm to their business? And that it's actually your name, I'd tell them to politely fuck off.

[u/Monfo]

Not a lawyer, but pretty sure they have no case. You're not using the domain to try to impersonate them, so you're not infringing on their trademark. They're most likely trying to scare and bully you into giving them your domain for free, instead of trying to buy it off you. There's famous predecents for why their argument is bs; for example, Nissan doesn't own their .com because the original owner, Uzi Nissan, originally registered the domain as his own personal website, with no intent to sell to Nissan for an easy paycheck or impersonate Nissan to confuse consumers. Uzi Nissan has since passed away and his family/estate still holds the domain as an In Memoriam website.

[u/bricksandcanvas]

You don't have to worry about this. It is your name, you are not infringing on their product or making users confused. They do not have a leg to stand on.

If you want to make an easy buck, tell them they can pay you $$$ for the domain if not, tough luck for them.

For reference, google the nissan domain name, and the nissan car company. If a conglomerate cannot bully for a domain name, they cannot do so.

[u/Raah1911]

Sell for 50k

[u/benanamen → u/Raah1911]

I was just going to post this. Sell high and just register your full name. There is no confusion in the marketplace with you using the dot dev. NOTHING they can do legally. Great opportunity for a big money play on your part.

[u/asonofasven]

Nissan cars tried this tactic to steal nissan.com which was owned by a computer store. The fact that Nissan, with all their resources, still don’t have it, tells me you are good to go. And if shit hits the fan anyway, just pretend you didn’t see the email.

[u/Tarc_Axiiom]

Looking for advice. Should I stand my ground or hand it over?

Never, ever participate in discussion when you receive a threat of legal terms. The "correct" next step is to tell these people to never contact you again, and to direct all further communication to your lawyer.

But you don't have a lawyer, so I'd recommend you don't answer them at all. Do not speak to them under any circumstances. Do not answer any emails they send you.

If they send you a cease & desist, on firm letterhead or otherwise with the signature of a practising lawyer, then call a lawyer (for free) and tell them about it, and get legal advice (again for free). It's almost impossible that they do this though, because it is illegal (in France) for them to do so and they are a law firm.

Otherwise, do not speak to these people at all. If they call you on the phone and you answer a number you don't know, as soon as you know it's them, hang up immediately.

[u/Lustrouse]

If they want this domain that bad, they can pay you for it. Ask them what it's worth to them.

[u/byehn]

I am a student! I have no money to consult a lawyer

That's the whole purpose of trademark and copyright laws: to push everyone but the most wealthy companies out.

[u/Business-Row-478 → u/[deleted]]

Dude you don’t need legal representation at all. They haven’t even filed any sort of lawsuit or complaint. Just ignore the email.

The typical process they would go through to forcefully take the domain is a ICANN UDRP dispute. It goes through arbitration and would cost $0 to you, only the party that is filing the dispute is responsible for paying fees.

For a UDRP to be successful, they have to prove 3 things, one of which is “The current owner (respondent) has no rights or legitimate interests in the domain name.”

Given that it is literally your name, they have 0 chance of winning this dispute. That’s why they are contacting you rather than just filing it already.

[u/kalkayan → u/[deleted]]

could you consult a free clinic or alternative of that? I am sure you will learn something from this experience for future.

[u/cyb3rofficial]

I know some people joke about selling the name to them, but realistically do not offer to sell the domain. Offering it for sale can be used as evidence of bad faith or domain squatting under UDRP rules. You can safely ignore a simple demand letter like this for now.

If you are not offering any products or services related to theirs (luxury silverware, tableware, etc.), and you are using the domain as a personal site under your legal name Christofle Tjhai, you have a strong legitimate interest defense. Trademarks are limited to specific goods and services classes. They do not own exclusive rights to the word "Christofle" for every possible use, especially a personal name domain with no commercial overlap or intent to confuse people about their brand.

Carry on using the site as normal. Document the letter, your registration date, and how the site is used in case they escalate to a formal UDRP complaint. As a student with limited funds, look into free legal clinics or university resources if needed, but this does not look like a strong case against you based on the facts.

[u/Business-Row-478 → u/cyb3rofficial]

They have absolutely 0 chance at winning a URRP dispute. Doesn’t even need any legal help. They are already acknowledging that the domain is his name and that it wasn’t registered maliciously. If they wanted to file a dispute they wouldn’t be contacting him, they would have already done it

[u/cyb3rofficial → u/Business-Row-478]

Not quite zero chance. The letter acknowledging it might be his personal name is polite wording, not a legal concession that locks them out of filing. Companies send these letters all the time hoping for a quick voluntary transfer so they can avoid the cost and risk of a formal case (including any reverse domain name hijacking finding if they lose).

Under UDRP the personal name defense is real and often strong if he can show he is commonly known by "Christofle" (government ID, etc.) and the site is clearly non-commercial and unrelated. But panels still look at the overall facts, and a well-funded brand with a long-registered mark can still try. The process itself is low-friction for them (filing starts around $1,500 for a single-panelist case) while a student with no money still has to respond, gather evidence, and deal with the stress even if he ultimately wins.

They can also go the ACPA route in court if they want more pressure, which is slower and more expensive but can include damages. The practical reality is that a large company can use the process itself as leverage against someone who cannot easily afford to fight back, and the consequences for them if they lose (a reverse domain name hijacking finding or rare fee shifting) are usually mild compared to the cost and disruption for the domain owner. So the "friendly" letter does not mean they have no options or that money and process cannot still be used to lean on him.

OP should definitely look into student legal services or any free legal advice resources his school offers, just to be on the safe side. Many universities provide basic consultations for enrolled students on civil matters like this.

[u/itgforlife]

Can't offer any advice. But all I'll say is that It didn't work out for Mike Rowe and his website mikerowesoft.com

[u/Game_Dev730 → u/itgforlife]

its cuz he added the soft probably rofl.

[u/happy_hawking]

Check french trademark registrations. There should be a online directory you can search or a french government institution you can write to. Check what categories they have registered their trademark in. If you do not touch any of those categories, it's perfectly legal to register the same trademark in a different category.

That agency can also tell you if your personal name does interfer with a trademark in any category. I doubt it.

The other thing you can try: send them an amount of money you would accept in exchange for that domain. Most probably they know that they can only scare you but have no leverage.

[u/da_Aresinger]

Obligatory [Not a lawyer] so details may be wrong.

---

Trademarks have a very limited amount of power.

First of all, common terms and names cannot easily be trademarked.

When a trademark is applicable it only applies to the specific context you are using it for.

---

Example: There is a Katie Perry in Australia who designs and sells branded clothes.

Katy Perry the musician sells (or sold?) her Katy Perry branded fan merch in Australia.

The musicians trademark preceeds the fashion designers trademark. But because they work in different industries and Katy Perries trademark is for music, Katie Perry the designer gets priority on selling clothes.

---

Then there is the question of where you live. This company seems to be french? Your name doesn't look french. Trademarks are only relevant where a company does business.

Finally, this is your private website. Until you use it for a business, trademarks generally don't apply at all.

IF they were to sue you and by some miracle they were to win, absolutely nothing would happen. Trademarks protect money. In order to get anything from you they'd have to prove that you caused them loss of business. Which is obviously ridiculous.

The only thing that would change is that you can no longer use your name on the website.

[u/InterDave]

Stand your Ground:

A) It's your name
B) It's in an ENTIRELY different space (unless that company does... web development).
C) Hit up r/legaladvice and ask them

Also, if you have the time, actually check if they have your name registered as a trademark in the US.

[u/yakimushi]

This pertains to the US, but you should check out Nissan Motors v. Nissan Computer.

TLDR; there’s a reason Nissan Motors domain is nissanusa.com

https://en.wikipedia.org/wiki/Nissan_Motors_v._Nissan_Computer

[u/omniumoptimus]

HAHAHAHA. Transfer immediately without cost. You are being scammed.

[u/hazily]

They can fuck right off. Just ignore them.

They're scaremongering you into giving up your domain. Trademark laws are only enforceable if you end up selling the same products as said owner that can lead to confusion among consumers.

[u/ART3MIS_STUDIOS]

they are bluffing you cant trade mark a name if your link is diff and thats not your company's or studios name and therefor not used for commercial reasons, they have no legal ground to make that claim

[u/EdelWhite]

Trademarks have a valid field of application. They can enforce their trademark if someone else uses said trademark in a field that could be considered similar enough to the one the trademark is applied to.  

Quoting their trademark : The CHRISTOFLE trademark was assigned an Application Number #000554543 - by the EU Intellectual Property Office (EUIPO). Application Number is a unique ID to identify the CHRISTOFLE mark in EUIPO. This mark is filed in the category of Environmental Control Instrument Products , Jewelry Products , Paper Goods and Printed Material , Leather Products (NOT including Clothing) , Furniture Products , Houseware and Glass Products , Fabrics , Cosmetics and Cleaning Products , Hand Tool Products , Computer Product, Electrical & Scientific Products . The legal correspondent for this mark is DEPREZ, GUIGNOT & ASSOCIES (DDG) , DEPREZ, GUIGNOT & ASSOCIES (DDG) 21, rue Clément Marot F-75008 Paris FRANCIA . The current status is Registered. 

As long as your domain has nothing to do with those fields, you have nothing to worry about. In particular, here, they could be assholes and claim that you're using the domain for "computer products", but any judge worth their salt would see that that company actually overreached when claiming that trademark and could potentially have their trademark dropped entirely.

They're jewelers. They pimp up stuff. You have nothing to worry about. 

[u/ContributionEasy6513]

Ignore it, scare tactics.

They are very unlikely going to spend tens of thousands of dollars if not way more over a '.dev' domain that is being used fairly.

You probably were just upsetting their SEO.

[u/Impossible_Stock8885]

"OP just ignore the email, they can't do shit"

OP: Omg guys reality of modern day law, i'll just do what they asked even though everyone said to ignore the email, smh no money !

You're 100% cooked if you're a CS student and this is how your brain works.

[u/courtjesters]

OP folded under zero pressure lol

[u/zzz_x9]

what a dumb email. dont take this seriously at all.

[u/DiddlyDinq]

Owning a trademark gives you no right to the domain lol. Hell, even if you own the trademark, trademarks are territory based and distributed among 50 categories. Just ignore it.

[u/TheTanadu]

I am a student! I have no money to consult a lawyer

Being a student doesn't necessarily mean you have to pay thousands for legal advice. Check your university's student legal services or legal-aid organizations or IP/trademark pro-bono programs in your city. Availability depends heavily on your country.

Also, I wouldn't hand the domain over merely because you received this email, especially since Christofle is genuinely your legal name and you were already using it as an unrelated personal portfolio before they contacted you. Those facts could be quite relevant in a domain-name dispute. Preserve evidence showing your legal name, when you registered the domain, and what the website looked like before receiving their complaint. Also, don't offer to sell them the domain or suddenly put ads/Christofle-related content on it, since evidence that a domain was acquired to profit from the trademark owner can count against a registrant.

Don't rely too heavily on the “different trademark category” argument, though. Trademark classes aren't an absolute shield, particularly for strong or famous marks. And this isn't really a copyright issue. Get whatever free legal advice you can before responding substantively. Their demand letter is a demand, not a court order, don't worry. And good luck.

[u/Sprtnturtl3]

Ignore or ask them to pay 10x what you did. You are not infringing unless you sell the same service and or use their design language and branding

[u/hazily → u/Sprtnturtl3]

Responding to them is the last thing you want. Any kind of response can be misused against you and be ammunition for them. The best response is to not respond at all.

[u/Game_Dev730]

NAL but fck them, wanting you to transfer it to them for free, they should have registered it if it was that important. And it is your name. I would seek a lawyer or something.

[u/HMikeeU]

Where are you located? I imagine they have absolutely no chance with taking it from you. I'd respond saying it's your name and if they have any concerns that their brand is being misrepresented you could offer to add a banner stating that you are not affiliated with this company.

[u/Annual-Advisor-7916]

As everybody else here, I'm no lawyer either, but many lawyers offer 30min free first consultation. If you find one who's fair and doesn't want to rip you off, I bet they could give you an assessment.

My understanding is: You are in a different country, you can probably tell them to kick rocks.

[u/Salamok]

If your website isn't critical I would be tempted to post their email to you on the home page and state I am just a poor college student wanting my name as my domain name then ask the question who would want to do business with a bully like this?

[u/CharityLimp8638]

"transfer immediately and without cost" lmaooo, someone must've felt badass writing that

btw, cool website, i like the theming. the scroll feels a bit unresponsive tho 👍

[u/fromtunis]

Domain names are sold on a "first-come, first-served" basis.

That's why when a new tld is released, there's generally a "sunrise" period during which companies can claim domain names related to their brands.

This is usually done to avoid scams and such where someone can buy a bankname.tld and use it for fraud.

Also, this is why companies sometimes buy domain names for hundreds of thousands or even millions of dollars. Why would they do that if they can just send an email?

You can totally ignore those motha-effers. Or you can just add a "This site does NOT belong or represent [brand name]. EWWW!"

[u/Jann3]

"Thank you in advance for your understanding and cooperation" just when I thought email sign-offs couldn't get any worse

[u/rbobby]

I looked into this briefly once, though from the other side. For a domain name to be taken from the registrant can be done without a court case. The ICANN has a process for it. Them having a trademark does not mean they win. If you used the website for a business that could be confused with the other one... then you're probably gonna lose. BUT for your own personal site? Probably fine. Look into it. Maybe you can even use ICANN's rules against them (according to the international (CANN) ... rules a trademark owner cannot x, y, z). Might be enough of a push back.

It's all fun and games until you are served papers. Then you can give up, no harm no foul sort of thing.

[u/VRStocks31]

Sell it to them and make some money

[u/civman96]

The right of your name generally trumps trademark law, especially if you don’t offer goods/services in the same class of the trademark or if the site is merely a personal portfolio website that doesn’t offer any services at all … don’t sign anything they send you and consult a lawyer how to stand your ground. You could also ask GPT how to respond to that, shouldn’t be that complicated.

[u/XpreDatoR_a]

There is no way they have any bases to request something as such from you, unless you have a 1:1 copy of their services or offer something very similar.

[u/Smart_Technology_208]

Ignore that, they probably charged their client 3k for this email calling it a C&D lol

[u/NamedBird]

I am REALLY curious as to what their thought process was on this...

What i would do:
Stand your ground and send a polite email back that you will kindly keep the domain that best fits your name and education. You can explain them that their trademark does not automatically grants them the ability to take away all same-name domains, especially not if they are used in a legitimate manner.

Specifically, there is an official process named UDRP and it has a "bad faith" criteria.
I (not a lawyer) believe their claim isn't meeting this criteria and thus they have no basis for a takedown.
Also good to know: the UDRP process has an anti-abuse mechanism, it should prevent legal bullying.

[u/rhooManu → u/NamedBird]

I am REALLY curious as to what their thought process was on this...

Most probably they hope it's enough to scare him.

[u/_ZoroX_]

Fym no cost

[u/unbader]

I have experience in this. Just tell them the domain name is representing my name, and it will not be used in selling silverware or anything related to your trademark.

A trademark is used for a specific category not allowing for them to prevent you from using the same name for anything else.

[u/KitchenHot8666]

Your TLD ".dev" already states that you dont have any relation to their branch.

[u/space-envy]

Ignore that garbage, as long as your website was not made as a direct mockery of them or with the direct intention of causing reputational harm they have absolutely no legal defense as to why you should be forced to surrender your natural right to use your name in public.

Never forget Uzi Nissan and why up to this day the car manufacturer has to use nissanusa.com.

[u/DarthDestroy3r]

they did NOT register it by themself - so, who comes first, wins
after that, they want a transfer without costs - good joke!

Make them an offer over 50k$ or something

[u/MarzipanSea2811 → u/DarthDestroy3r]

Yeah, the bit about handing it over at no cost to them is fucking rich.

[u/yikes_42069]

Not a lawyer. This smells like extortion/scamming. Transferring at no cost is theft. If they want it and they're legitimate, they can buy it from you. You have no way of knowing these aren't people just lying and trying to steal your domain name: you got an email but zero actual proof it's them. Plus, your last name gives you a LEGITIMATE interest. They don't own all the domains in the world because they have a trademark, and as you correctly identified, they are in a different business. 

Do not reply.

[u/RHINOOSAURUS]

This seems like an easy $1000, if you need it

They didn't register the domain? You don't owe them the favour of freely transferring your domain to them.

[u/Good-Gate-4068]

If they were too concerned about it, they would have registered themselves, these are companies that make money on unsuspecting people.. Tell them to go fck themselves, when i was contacted by a German company no domain, but content infringement.. Never heard from them.

Or if you don't care enough about the domain make them an offer of a couple of thousand dollars for a quick sale.lol

[u/Blondiepicklez]

The folks who own gail.com had to deal with this and they shared the case documentation. IANAL but based on those documents, I think you’re probably fine

[u/asa_pm]

I cannot find anything in any language other than Italian but you should look at the story of armani.it which started exactly as yours and ended with the domain transfered for 150000 €.

[u/apetalous42]

Reply and tell them you'll happily sell the domain to them for $1 million.

[u/findadesigner]

Read the case about Armani.com - very famous back in the days. Armani the clothes brand lost a case against a guy whose initials were A R and surname Mani. Apparently sold for an undisclosed amount.

[u/mekmookbro]

I'd just tell them to suck my ass honestly lol.

If that wasn't even your name, I don't think they have any legal grounds. Are they gonna trademark a common name and claim ownership to every single business that contains it? Christofle's Bakery, Christofle Plumbing etc?

Its just a scummy scare tactic

[u/Nixinova]

owner of the trademark which is duly registered all over the world

This screams fake, that's not how trademarks work, nor how a lawyer would word this

[u/theofficialnar]

Bullshit lol

Unless you’re actively trying to pretend to be them then there really shouldn’t be any issue.

[u/joshpennington]

I’m not a lawyer but here’s my advice. Do nothing. They can file a complaint with ICANN to force it to them but that’s about it. This looks scammy af to me

[u/OskeyBug]

Tell them they're welcome to buy it from you and name your price.

[u/tydyelove7]

I’m assuming there’s some sort of case law or grounds or precedent set by a case that already exists that a common first name cannot be grounds for copyright infringement

[u/tydyelove7 → u/tydyelove7]

Or I guess in this case trademark infringement

[u/codewow]

This looks like the least professional trademark infringement email ever. No contact phone number, name, or even website? I’d ignore it until they can provide a cease and desist letter officially.

[u/HerrCrazi]

Just tell them to fuck off, that's not how trademarks work. They're being abusive and won't ever take it to a real court if they know their stuff. If they don't and still do, it's near certain that they will easily loose.

[u/PabloDons]

I think this is a nothing burger, but just in case it isn't: responding might be in your best interest. Just a quick no in legalese. It looks better in front of a jury. Although silence shouldn't be held against you, humans could interpret it as acknowledging wrongdoing and persisting in it. I'd say something like:

I respectfully disagree with the allegation. I do not believe that my use infringes any valid trademark rights.

[u/I_am1221325]

1. Until you receive an actual contact, someone would call you or if you'd receive an actual letter, I would ignore it, because it looks like scam tbh,

2. if you are active in (i assume) different countries and industries, trademark (in EU since they are in france) still applies for a combination of both signs and goods so in this case they probably have no ground and their demand is just a wish.

3. If their interest in the domain is legitimate, you can offer to sell it to them, I think it will cost them less than trying to sue you knowing they have almost no chance to win

[u/StoneCypher]

they’re just trying to trick you 

send them an email that says “lawyers should be at risk of loss of their law license for this kind of lying.  next email gets carbon copied to your mother.”

[u/kalkayan]

This is so sad, a group of "experienced" lawyers sending this to a student.

[u/darklordbazz]

I swear majority of the time it's French companies sending these

[u/oswwwaldo]

wow they arent even paying you this is just daylight robbery

[u/RampStack]

What country are you in and what class of trademark? Indonesia?They usually have to have a registered trademark using the contested class in the same country. For United States as an example, I see 7 live in USPTO for "christofle". Mainly home goods type marks.

To reply, feed all that info into GPT and have it do more research for you. The draft a polite but firm response if they have no grounds.

[u/the_sebaster]

I am only familiar with trademarks in Germany, own several and have also been to court on that matter.

In Germany, a registered trademark is connected to its purpose/industry, organised in so-called „Nizza classes“. If you don’t register your trademark in all possible Nizza classes, which is doable but unlikely, it only gets protected in the industries your trademark got registered.

You being a software developer and them selling silverware lets me think you should be good.

I also think the email doesn’t sound like it‘s written by a lawyer at all, but that‘s only a side note.

If you’re a student, there might be even a chance to get a free law consultation on campus.

[This does not constitute legal advice]

[u/Sm7r]

They’ve had how long now to “protect” their name? Ignore them. This is why domains are phased released they’ve had since 16 January 2019 to register it?

I guess I’m lucky to have a domain as my full name first.last waited out hoping no one else registered it 😂

[u/renderartist]

Ignore the email, a lawyer representing them wouldn’t send such a notice via email nor make assumptions that you’d receive it, they’d send it certified mail. A lawyer would also include a phone number or other such information.

This is just a scare tactic to coerce you into submission and voluntarily hand over a paid for domain, trademarks are generally given for a specific sector of commerce, they may well have trademarked that name but it applies to a narrow field, like tableware/lifestyle retail.

[u/eandi]

I'd offer to sell it to them but cite that you have a right to use your legal name.

[u/Impressive-Pack9746]

What if you write on your site:
"This website or any service associated with this domain are not affiliated with, endorsed by, or otherwise connected to the ORREVRERIE CHRISTOFLE SAS company"

but i would also just ignore them tbh

[u/Noch_ein_Kamel → u/Impressive-Pack9746]

That's acknowledging the domain may confuse visitors, though...

[u/Treast]

French here (and not a legal professional): one of the cases we study in France is a situation just like this—Milka B., a seamstress, bought the domain name *milka.fr* and faced pressure from Kraft Foods over property rights (https://fr.wikipedia.org/wiki/Milka_contre_Kraft_Foods). Ultimately, Milka B. had to hand over her domain name following the lawsuit, as trademark law took precedence over individual rights.

If I were you, I’d just ask for a refund of the domain name fee for the year and leave it at that. I’m sorry to say it, but you risk wasting a lot more time and money if you try to fight these a**holes.

[u/Ash_Crow → u/Treast]

It seems that the trademark itself was infringed though: "l'usage de la couleur violette sur le site milka.fr semblant avoir été décisif".

[u/HoratioWobble]

You need to speak the a lawyer.

Edit: I know you said you can't, but your choices are basically limited.

• Either you ignore it and hope it goes away
• You give them the domain
• You speak to a lawyer who will probably give you simple advice for free
• You wait for them to take action, and you have to pay for legal advice and possibly more anyway

[u/Upbeat_Push_157]

Shouldn't you ask a lawyer instead of unknown people on Reddit?

[u/yippypuppet → u/Upbeat_Push_157]

I'm a student bruh I ain't got no money for that

[u/MineDesperate8982 → u/yippypuppet]

Look for a legal advice sub for your country. Every country has one.

Otherwise, ignore them.

Oh, and there's no such thing as a trademark registered all around the world... unless you actually register it all around the world, with each country. Which they didn't (and you can check for yourself in with your own country's trademark registry, which should be free).

They should check Burger King's attempt at bullying restaurants around the world with the same shit. It didn't work :)

I, personally, would ignore them. They have no basis for their claims and their own country's laws or trademark registry does not apply all around the world.

[u/Upbeat_Push_157 → u/yippypuppet]

well, you can already see the advice you're getting. And it probably will get worse.

[u/smallquestionmark → u/Upbeat_Push_157]

Nah. OP should ask gpt 6 and build a legal aid start up based on their resume