This morning, while checking my email over breakfast, I read an email from the GoDaddy legal bods requesting I stop using a domain I purchased at the tail end of last year I was using for promotional stuff and transfer ownership to them.
The domain in question is godaddycouponcodes.com. It redirected to livedomaincodes.com, a page set aside specifically to promote GoDaddy discount codes issued by (BT)Podshow. It’s a simple site listing non-expiring codes for saving money at GoDaddy (emma1 = 10% off, emma2 = 20% off 25GBP+ spend, emma3 = .com domain for 6.95USD). It struck me fairly early in the GoDaddy campaign that promoting codes solely inside a podcast wasn’t the best way to get referrals (and subsequent commissions).
This is the second cease and desist order I’ve received in the last 12 months – the first one cause significantly more grief, primarily because I didn’t know what I was doing. This one was rather more easily accepted, almost dropped into conversation over breakfast as small talk. Within ten minutes I’d made inroads into complying with the order, and it should all be complete within 48 hours, within the ten day timeframe requested by GoDaddy.
My opinions of GoDaddy haven’t changed. The huge majority of my domains are managed by them and their purchase process is a little too easy for my liking – it’s extremely straightforward to check availability and buy a domain from them, the whole process takes less than 30 seconds and can be done in a few clicks. And they’re cheap. And they take PayPal. Which, in my position of receiver of many small PayPal sales, means buying domains is waaay too easy. Damn you, GoDaddy.
The email I received was fairly stock, including some links to previous cases they’ve been involved with. If you have time and are nosey, I recommend reading a few of them, especially noting the sums of money involved:
http://www.wipo.int/amc/en/domains/decisions/html/2007/d2007-0303.html
http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-1067.html
http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0981.html
http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0980.html
http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0570.html
http://www.wipo.int/amc/en/domains/decisions/html/2002/d2002-0568.html
I can offer some advice as a result of this episode, some tips that might make domain buying a smidge more safe and less likely to involve legal types:
i) Don’t fuck with GoDaddy. There’s a reason they don’t let you register domains with godaddy in the name (go ahead, try it). They have a legal team, they will catch up with you eventually. And, personally, I’d rather spend my time making money and having fun than losing sleep over legal threats.
ii) If you have domains in the slightly grey area of legality, use them as redirectors to another site with a less twitchy domain name (case in point: godaddycouponcodes.com redirected to livedomaincodes.com, it was easy to uncouple and leave the main domain in place, content stays the same).
iii) If you’re complying or pleading no contest, communicate with the complainants legal teams to avoid doubt. Regular is good. Formal is good. Legal folks on the company payroll are used to this sort of stuff. Legal firms contracted by the company may charge per incoming communicae, so it won’t cost you anything extra to keep them informed. It may cost the complainant more money for all the incoming emails etc, but that’s not your problem.
iv) Don’t fret over cease and desists. Most companies will happily avoid court for an amicable conclusion. Find some people that have had c&d’s and talk to them. Get >1 opinion if you’re talking to non-lawyers, and if you have a good legal advisor, listen to them. There’s a good reason they’re good at their jobs.
v) Be prompt, don’t leave actions ‘til the last moment. Less evil legal types might be game for a time extension if you’re seen to be complying within a reasonable time and need some more time for things outside of your control.
My first cease and desist was altogether more mundane and, thanks to a clause in the settlement, I’m not allowed to talk about it. Believe me, you’re not missing much.
