Pokerstars claims my domainname ?

Got this email after a question i sended to my affiliate manager at pokerstars...

-snippet-

Quote:

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As you are using PokerStars in your URL and PokerStars is a registered trademark, you will need to transfer your domain to PokerStars.
.....

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At this point i don't want to reveil the domainname, but it is similar as pokerstarsdownload.*b*i*z* (without the stars)

I got the domainname in july (2011) after i saw it on a domain-quarantine list (so it was registred before, think somewhere in 2009/2010)

On the site i'm promoting pokerstars (and nothing else). Giving information about download, installing, poker games, poker rules and such.

I don't thing i'm harming pokerstars and still my affiliate manager wants me to give my domain to him ?? I don't see why because i see many other domainnames with "pokerstars" in it (even for sale for 10k(!) on sedo.com)

I emailed him back that i don't want to discuss this matter by email and that he can phone me, he did...

He told me:

Quote:

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i'm not discussing this with you, i'm closing your account and i'll turn it over to our legal department

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I asked him to let the legal department contact me, then he hung up... i found him very rude and I don't got a clear explaination why to turn my domainname to them.

What do you guys think of this? Is this normal behavior of pokerstars?? I'm just trying to promote the brand "pokerstars" but no I get punished?

I know that other casino's don't matter if you use the url, they are just happy that you work "with" them and not "against" them...

It is listed in their terms and conditions that you may not posses a domain with "pokerstars" in the url. They have been snatching up violators for years. You are better off to just transfer it to them and move on. The legal battle costs would outweigh the keeping of the domain.

Here is the clause:

Quote:

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7.2. The Affiliate undertakes not to make use of the Trade Marks and Trade Secrets of PokerStars in a manner not considered herein without the prior written consent of PokerStars. In particular, the Affiliate is not permitted to register a domain name that includes, incorporates or consists of the Trade Marks or any domain name that is confusingly similar to the Trade Marks.

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In 7.3 the specify the transfer of such domains to them or whom they designate.

Sounds pretty harsh, but I guess that's the way trademark laws work. They should at least offer you money for it, even the amount it cost you to register it. I'm so glad I buy generic keyword domains, that way I never have to worry about that kind of thing happening.

I just saw the domainname getting out of the redemption periode / quarantine, and it only e few buck. So i don't mind that...
I'm just disapointed how the affilaite manager reacted... very rude and not willing to talk.

But okay, I missed the 7.2 article in their conditions, but they still can make an exception/give their approval...

But what to do now? Put other casino / brands on it?? Is that what they want?!

Some examples of others:
downloadpokerstars[.]net
downloadpokerstars[.]com
downloadpokerstars[.]de
ukpokerstars[.]com
pokerstarsdownload[.]net

The list is HUGE and many of them are even for sale for nice prices on sedo, eg:
pokerstarsclub[.]com €2.050,-
ukpokerstars[.]com $10.000,-
pokerstarsdotcom[.]com $1.250,-
visitpokerstars[.]com $5.000,-

So I'm confused... why do they have such an attitude? They can better be friendly so that I will work hard and give them players, but now they are forcing me to promote another brand, stupid if you ask me.

Try and angle for a domain transfer fee, in this situation a small fee of a couple of hundred dollars is not a big ask, it will cost them more than that in legal expenses so it will be a win win. They get to purvey their GRRR attitude to domain infringers and you make a little money. You will probably have to play hard ball to get it though.