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Cease & Desist Email Posted on 6th Oct 2011

Hey chaps


I was looking through my emails today to find some info I needed for something when I came across an email which I hadn't read before. It was from American Express. Apparently back in February when I registered this domain, they sent me a couple emails trying to make me shut it down. I didn't even notice, so obviously gave no reply, and it seems that was the perfect answer, as I've never heard back from them and they haven't pushed for any legal action regarding the matter. Here is a copy of the email:

"We represent the American Express Company in matters involving trademarks and unfair competition.  It has come to our attention that your company has registered the domain name amexlifestyle.com with Dynadot, LLC, and is using the URL in connection with a website featuring links to sites offering credit cards and other services.

Please be advised that our client is the owner of a federal trademark registration for AMEX, specifically Registration No. 1,161,278 registered on July 14, 1981.  American Express began using the AMEX mark in 1969, and has continuously and extensively used and advertised its AMEX trademark since that time, making the AMEX mark famous in the United States and worldwide.  As such, the AMEX trademark is a valuable asset of our client, one it will take all reasonable steps to protect.

Unauthorized registration and/or use of AMEX and amexlifestyle.com is likely to cause confusion, mistake, or to deceive the public and is a violation of our client’s federally-protected rights under 15 U.S.C. §§ 1114 and 1125.  Indeed, the registration of amexlifestyle.com appears to be clearly intended to falsely create the impression that American Express is the owner of or associated with this domain name.  Further, misuse of our client’s famous mark for commercial gain is further evidence of your company’s bad faith use and infringement of our client’s mark.

Additionally, under 15 U.S.C. §1125(d) a domain name registrant is liable in a civil action if the registrant of the domain name has a bad faith intent to profit from registration of the trademark as a domain name and registers, traffics in, or uses a domain name that is identical or confusingly similar to another party’s trademark or dilutes a famous trademark.  Further, the trademark owner can recover damages of $1000 to $100,000 per domain name registration.

Your company’s registration of the amexlifestyle.com domain name with constructive knowledge of our client’s famous AMEX mark constitutes bad faith use of the domain name.  In the ICANN STOP decision of American Express Company v. Swarthmore Associates, LLC, FA0204000110759 (NAF July 10, 2002), the panel held that the domain name owner registered the domain name in bad faith due to its constructive knowledge of the American Express Company’s AMEX trademark and found that “there is possibility, even probability, of confusion.”  Accordingly, your company’s mere registration of the amexlifestyle.com domain name is actionable under the Uniform Dispute Resolution Policy and no further use of the domain name is even necessary for our client to bring an ICANN complaint against your company at this time.

We request that within 10 days the amexlifestyle.com domain name registration be expressly withdrawn from Dynadot, LLC, and that your company cease and desist all current and future use of amexlifestyle.com, or anything else confusingly similar thereto, in connection with a domain name or in any other manner.  We look forward to hearing from you within 10 days so that this matter can be resolved.  Should you have any questions, please contact the undersigned."


As you
can see, this email has multiple parts which are just 100% pure unadulterated lies in order to try and deceive & intimidate me. A few examples:

"
is using the URL in connection with a website featuring links to sites offering credit cards and other services."

As any long term user of this website knows, there has never been & will never be any links to any credit cards or even banks. This website has never had advertising on it, and never will - thus there could not have been links to any banking shit, as this is a purely gaming related website.

"
Indeed, the registration of amexlifestyle.com appears to be clearly intended to falsely create the impression that American Express is the owner of or associated with this domain name."

Mmm, this one is just a blatant lie, I don't even need to explain it. I presume it's part of some pre-made email template which the sender didn't think of reading over.

"
Your company’s registration of the amexlifestyle.com domain name with constructive knowledge of our client’s famous AMEX mark constitutes bad faith use of the domain name."

As most of you are aware, I'm from the UK. In the UK no-one uses the word "AMEX", and even less people use American Express cards, as no normal shop here even accepts it. We're a VISA & MASTERCARD kinda place. I had no knowledge of this "mark" when I created -aMeX-.


To sum it all up, I have no intentions to ever disable or cancel the amexlifestyle.com domain. Also, I'm not overly familiar with trademark laws, but I'm pretty sure in the eyes of the law "AMEX" isn't the same as "aMeX" or "amex".


P.s. -=FUCK EXPRESS AMERICANS=- (no offense to people from the Americas - you know I love you)

Posted by XILLAX


Shoutbox
bOunty @ 09:38, 28/12:
is sof 2 mp test still alive?
Fritz @ 10:31, 20/09:
Its actually Fritz aha foxdyxz gave me that name ;)
agga @ 08:39, 19/09:
SUP FRITZGERALD
Fritz @ 09:51, 18/09:
sup
Fritz @ 07:39, 17/09:
sup everoyne :)
Fritz @ 07:39, 17/09:
sup everoyne :)
forgy. @ 04:34, 30/08:
sup
agga @ 10:21, 19/07:
SUP
Mahi.. @ 06:29, 12/05:
yo guys..joined 2day :)
Mahi.. @ 06:29, 12/05:
yo guys..joined 2day :)