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I got an email before 7 days seems to be from whatsapp . Here is that email below :-

To Whom It May Concern:

It has come to our attention that you have registered xyz.com (the "Domain Name"). You are currently operating a website (the "Website") at that location and, as of the date of this letter, you are using the famous and distinctive WhatsApp trademark in connection with the domain name and website without WhatsApp Inc.'s authorization.

WhatsApp, Inc. is the owner of numerous federal trademark registrations for our WhatsApp mark (the "Mark"), including, US Registration No. 4083272, registered on Jan. 10, 2012 and US Registration No. 3939463, registered on April 05,2011 The WhatsApp mark is well known among the consuming public and embodies substantial and valuable goodwill. As such, the Mark is a valuable asset, and its protection is very important to WhatsApp, Inc.

Your unauthorized use of the Mark constitutes trademark infringement and dilution in violation of federal and state trademark laws, and is likely to cause confusion, mistake and deception as to the potential existence of an affiliation, connection or association between you and WhatsApp, Inc.

Your actions with respect to the Domain Name violate the ICANN Uniform Domain Name Dispute Resolution Policy (the "Policy") to which the Domain Name is subject since you have no trademark rights or interest in the Mark and are using the Mark for commercial gain. In addition, your actions with respect to the Domain Name also violate the Anti-cybersquatting Consumer Protection Act (15 U.S.C. §1125(d)) a federal statute which provides a cause of action with respect to those who, with a bad faith intent to profit, register, traffic in or use domain names that are identical or confusingly similar to the trademarks of others.

WhatsApp, Inc. demands that you cease and desist from any and all use of the Domain Name; you are directed to immediately cease and desist from using the WhatsApp trademark or any misspellings of the trademark as your domain name. You are further directed to drop or delete xyz.com.

Please confirm in writing that you will agree to resolve this matter as requested within ten business days of the date of this e-mail. If we do not receive confirmation from you that you will comply with our request, we will take the necessary legal steps to protect our rights.

Sincerely,

Legal Department WhatsApp, Inc [email protected]

I got this email and i dont know that whether is it a legit email or is it a fake email to take down the competiton . They are saying that you are using "whatsapp" name in domain name ..

Please can anyone help that how to confirm that is it a legit email , and if it is legit , then what i should do ?

will they allow me to redirect that old domain to new domain because i don't want to loose my rankings in google ?

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  • Clearly, this is a valid letter, however, they may not have a valid claim. For example, say, you have had xyz.com for 12 years and I registered xyz inc. and xyz as a trademark for my company last year. In this case, I would not have a claim. The reason is simple. Your use of xyz pre-dates the existence of my xyz company and/or registered trademark. The argument is that your use supersedes the trademark. This argument works both in court and for especially for ICAAN. As well, please know that an e-mail is not necessarily a legal notice. Contact a lawyer immediately! This is important as hell!!
    – closetnoc
    Commented May 21, 2015 at 18:14
  • ok sir , but if it is real email , then what we can do for it ? Is there any way by which we can request them to allow us that domain name ? Or can i redirect this domain to other new domain ,because i have good google rank on this domain and if i take down this site , my whole rankings will be gone , Do they allow me to redirect this domain to new domain name which doesn't have "whatsapp" name in it ? Is there any way for asking them ?
    – Hussain
    Commented May 21, 2015 at 18:23
  • 2
    Just because someone says they have a claim does not mean they actually do or can enforce any valid claim. You have to be found in knowing violation of a trademark before anything happens. If you registered the domain name before the trademark, that domain name is yours and there is nothing they can do about it- in court or through ICAAN. I would not contact them at all without an attorney! This would make their e-mail legally acceptable. Before you get to any of the questions about redirecting, you need to satisfy whether they have a valid claim or not. This is what the lawyer is for.
    – closetnoc
    Commented May 21, 2015 at 18:40
  • 2
    I cannot stress enough that you do need to contact a lawyer and must not contact the company at all. Let the lawyer do it. Their 10 day notice is standard lawyer speak. It is an arbitrary number designed to get you to respond quickly. Keep in mind that they are likely very serious! They will file any legal action including a complaint to ICAAN. Only a lawyer can prevent this. He can do this with a very simple letter. You do not have a choice. They brought a legal claim to your door step and you cannot ignore it. Do nothing without speaking to a lawyer. Seriously!
    – closetnoc
    Commented May 21, 2015 at 18:45
  • How to check the trademark registration date of them and also sir how to check that it is from whatsapp officials ? and also if it is from them , then is there anyway to ask them to allow us this domain name by adding any disclaimer note on our website , or to ask them to allow us to redirect this domain to the new one ? Is there any way to ask them ?
    – Hussain
    Commented May 21, 2015 at 18:48

1 Answer 1

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It really depends on the actual wording of your domain and how long you had it that counts, but more importantly how many consecutive years you had it.

If you had it longer, then you should be able to have full rights to the domain. Just make sure you get proof from ICANN indicating how long you have your domain registered to your name, and if possible, have the evidence in writing on physical paper with a valid hand-written signature attached.

Given that the letter is timed and the way it is written, I'd seek a lawyer right away if you intend to keep the domain name and ask as many questions as you can with regards to the letter and the next legal steps to take. If the email is still on your email account, take note of all email headers just in case the source of the email is actually from some hacker.

If your website contains logos from whatsapp and you don't have rights to them, I suggest you remove those logos at least for now.

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  • Thanks for picking up where I left off. I had to take my cat to the vet for an appointment. She has been in pain- most of her teeth are now bad. She is 17 years old. It will be about $700-$750 total between today and next week. Otherwise, her health is okay but there are other things we do not know yet. She is doing well enough considering. I have been paying out everything I have, but I have about $500. I just have to figure out where to get the rest ASAP. I have a car to sell to a friend, but I have to figure out how to get cash for next week. It was important to run away this afternoon.
    – closetnoc
    Commented May 21, 2015 at 21:31
  • Luckily, you don't have to worry about any fees the OP may encounter if he makes the wrong move.
    – Mike -- No longer here
    Commented May 22, 2015 at 1:20
  • I was on the wrong side of a law suit where the one suing me was a professional. I know how serious it is when you get a letter like this. As for my cat, I will know tomorrow how her tests turn out. We do rescue work here and adopt out cats as well as care for them here. My cat is one my tenant left behind who you could not touch, pet, did not meow for 6 years, play or anything. She did not know what affection was or that anyone would want to do anything for her. Today, she is my best friend and as sweet as any kitty you can imagine. She is on that downward slope unfortunately.
    – closetnoc
    Commented May 22, 2015 at 2:46

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