Can Ivanka Trump's lawyers seize my domain name?

[legaleyes1966]

Can Ivanka Trump's lawyers seize my domain ivanka.com?

I registered the domain ivanka.com more than 10 years ago, and started a fansite there for ivanka trump when she was 15 and nearly unknown. As a thank you, her lawyers sent me a cease and desist letter a few months ago.
So I deleted all references to miss trump, all pictures etc.
I now have the site dedicated to my late uncle sir IVAN KAplan.
My question is this -
can they seize the domain from me ivanka.com -
she is NOT the only IVANKA in the world. It would be like Elvis Presley telling Elvis Costello he can't use elvis.com.
It is not as though i registered ivankatrump.com.
I have offered to sell them the domain at a fair market value, but they just want to take it.

Any advice is appreciated.
Thank you.

 

[Zigner]

Sorry - this forum is for US law only.

 

[legaleyes1966]

Sorry - this forum is for US law only.

Trumps lawyers are in NEW YORK - that is US, isn't it???

 

[Zigner]

Trumps lawyers are in NEW YORK - that is US, isn't it???

But you're not in New York, are you?

 

[legaleyes1966]

I'm in NEVADA

Also US, yes???

 

[Zigner]

5 posts to get to that - wow.

Can they seize the domain? The better question may be: Can you afford to stop them?

 

[Silverplum]

Also US, yes???

Why are you having a fit when you are the one who didn't answer the first basic question?

 

[proud_parent]

I have offered to sell them the domain at a fair market value, but they just want to take it.

Any advice is appreciated.

Having to turn over your domain might be the least of your worries. You could find yourself being sued for statutory damages under the Anticybersquatting Consumer Protection Act.

My advice:
1. Stop corresponding with Ms. Trump's attorneys.
2. Get yourself a consult with a local attorney experienced in trademark litigation.

 

[justalayman]

So I deleted all references to miss trump, all pictures etc.
I now have the site dedicated to my late uncle sir IVAN KAplan.

I sure hope you have something to show your prior use of the domain. . I think you screwed yourself when you changed it to Ivan kaplan and PUT THE NAME UP FOR SALE. As it stands now, it does appear to be cybersquatting.

 

[legaleyes1966]

The IVANKA trademark is still in status PUBLISHED FOR OPPOSITION

Allow me to expand a bit - Ms. Trump filed the trademark status for her FIRST NAME ONLY early this year, 2012.
I have owned and operated a nonprofit fan site for her (no banner ads, no fees, all i did was PAY TO DO IT).
at ivanka.com since 1998. Then they send me a cease and desist letter, so i removed all her pictures and TRUMP from the site. But I simply cannot see the fairness of why i should have to turn over the domain to them for NOTHING. Honestly, if Ivanka had sent a friendly request, I would have gladly done so.
But their letter was hostile and threatening, and it seems patently ludicrous to me that anyone can trademark their first name alone. Yes she can trademark IVANKATRUMP, but not IVANKA. Any opinions?
Anyone think I should file a formal opposition?

 

[justalayman]

Allow me to expand a bit - Ms. Trump filed the trademark status for her FIRST NAME ONLY early this year, 2012.

Oh, you'll want to check that again. Her mother has held a trademark on her daughter's name since 1998. (registered since 2002)

and it seems patently ludicrous to me that anyone can trademark their first name alone. Yes she can trademark IVANKATRUMP, but not IVANKA

glad you believe you understand this. If you will look, you will find that Ivanka, Ivanka Trump, IT and likely several other derivatives of her name are trademarked. It is not uncommon at all.

 

[proud_parent]

I'll repeat the advice I gave earlier: stop talking to/corresponding with Ms. Trump's attorneys and get yourself a lawyer, now.

By trying to negotiate to turn over the domain for a fee, you are giving her representatives exactly the sort of evidence that could be used to make a case that you are engaged in bad faith cybersquatting with intent to profit. If you are sued under the ACPA and lose, you may be ordered to pay statutory damages up to $100,000 plus attorney's fees, and also be ordered to turn over the domain.

Are your pockets as deep as the Trumps'?

 

[Mnemosyne]

Two weeks ago, your website was dedicated to your late uncle "Sir Ivanka B. LeftAlone".

Not one but two dead uncles knighted? You must be bursting with pride.

I now have the site dedicated to my late uncle sir IVAN KAplan.

 

[jimnyc]

I have owned and operated a nonprofit fan site for her (no banner ads, no fees, all i did was PAY TO DO IT).

The internet archive shows banners on your site since the inception, whether these sites paid no one would know. Additionally, you had a link on your site where people had to click to get a password to see the "full size pictures". That site, fillies.com, charged a fee to join, $15, $20 & $35, most likely an affiliate system. This was there from at least Oct 13 of 1999 up until at least July 20th of 2011. Good luck explaining how your "non profit" required a password from a paid membership site for your full sized pictures, for 12 years.

http://archive.org/web/web.php