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JGM
JGM, Solicitor
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Experience:  30 years as a practising solicitor.
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My nephew has received an emailed Cease and Desist letter

Resolved Question:

My nephew has received an emailed 'Cease and Desist' letter from a 'domain and intellectual property consultants' called 'Dipcon' based in Sweden. It is about a domain name they claim rights to for their client, which he owns. (My nephew lives in the UK.) He is only 19 and worried - what should we do, please?
Many thanks, Kelly
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Is the domain name in use by your nephew? What is it used for and how did be come by the name?

They can't just grab the domain just because their own business uses that name. There is much more to that that.
Customer: replied 3 years ago.

Hello, thanks for your reply. He is not using the domain for anything as yet. He registered it last month, and being a student hadn't got around to doing anything about it! He's very spooked by the letter - what kind of consequences could there be if he doesn't do as they say? Or is the letter an empty threat, especially as they are in a different country? Though maybe being both EU it is treated as the same country? We are all very confused here, and don't want the young lad to get himself into trouble.


Many thanks, Kelly


 

Expert:  JGM replied 3 years ago.
It depends what the domain name is, what he intends to do with it and whether he could be seen as either acquiring the domain name so as to stop this other company getting it or passing off their business etc. the law on this is quite complex but that doesn't mean that he should be bullied into giving up the domain if he is going to use it for his own legitimate purposes and can establish a connection with the name.
Customer: replied 3 years ago.

Thankyou - so if he is not going to use the domain now (I think this has put him off), and has no established connection with the domain name other than he liked it, what should be his next step? Will he get into trouble if he does nothing at all and does not respond, or does he have to let them have ownership now? Thanks again - I just want to make sure he doesn't get into trouble inadvertently!

Expert:  JGM replied 3 years ago.
No, he is not doing anything wrong by simply owning the domain. He could offer it for sale to the company that is wanting it.
JGM, Solicitor
Category: Law
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Experience: 30 years as a practising solicitor.
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