Legal Question in Intellectual Property in Colorado

Can Red Bull force me to close website

I own a travel agency and have a website (redbulltravel dot com). On 9/20/07 I recieved an email from the legal department as follows:

---We contact you as the legal department of Red Bull GmbH. Red Bull GmbH is the producer of the famous RED BULL Energy Drink and proprietor of the trademark RED BULL, a trademark registered all over the world and well-known in many countries. Through our domain watch service we became aware that the internet domain

names

redbulltravel com,redbulltravel net, redbulltravel info

have been registered by you.

Because such internet domain names incorporate our well-known trademark, registration and use of such domain names lead to confusion and unfairly exploits the reputation and attractiveness of our trademark. This gives rise to legal claims of our company against you under trademark and unfair competition laws. Further, we are entitled to request transfer or cancellation of the domain names through proceedings under the Uniform Domain Name Dispute Resolution Policy which is applicable for your domain names. To avoid that Red Bull is forced to take legal action ... against you, we request you to cancel the domain names no

later than 9/27/07. ---

Is this real or just bullying?


Asked on 9/21/07, 2:56 pm

2 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: Can Red Bull force me to close website

This is the real thing. There are many issues to consider: how long have you owned the domain, when did you begin using the name as a trademark for your business, is there really a likelihood of confusion with the energy drink, etc. Good faith in registration of the domain names can go a long way in your case and in potential negotiations with the company for the transfer of the domains.

Read more
Answered on 9/22/07, 6:03 am
Nancy Delain Delain Law Office, PLLC

Re: Can Red Bull force me to close website

Mr. Stewart's answer is a good one. This is indeed the real thing; it is very real and can end up being very expensive for you if you don't deal with it now. Monday is 9/24 and your deadline is 9/27.

ON MONDAY, find yourself a trademark attorney who has experience with internet domain name practice to represent you in this matter. I don't know anyone in your state to recommend, but the state and/or county bar associations may give referrals, or you may even be able to get a referral (to an alum) from a law school in your state. If none of that works for you, go to a lawyer referral site (do a GOOGLE® search) and post your problem (be sure to include the due date).

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 9/22/07, 9:47 am


Related Questions & Answers

More Intellectual Property questions and answers in Colorado