Last month I registered a domain, OhTumblr.com, it's a website that hosts images of posts from tumblr. We aren't affiliated with tumblr and we made that very clear on the footer of our site saying a message of "We aren't affiliated with Tumblr, inc in anyway". Everything was fine, then today I recieved a "kind" from the lovely folks at tumblr demanding I cease using the domain, let it expire, and to never use it again or i'd face a $100,000 fine. All because i'm using their "famous name" of tumblr. I'm not sure if I can post the full DMCA here or not so i'll just stick to snippets:
Your selection and use of the aforementioned domain name(s) creates the impression that your website is an authentic Tumblr website, when in fact it is not. The Tumblr name and mark is fanciful and strong and entitled to a broad scope of protection. There is no other reason for registering a domain name incorporating the Trademarks other than to trade off the established goodwill in the famous name and mark TUMBLR. Consumers are likely to be confused that the domain(s) is somehow associated with or sponsored by Tumblr when it is not.Your use and registration of the famous TUMBLR name and mark constitutes counterfeiting as well as infringement of Tumblr’s trademark and service mark rights in violation of the Federal Trademark Act, 15 U.S.C. § 1051 et seq. and constitutes common law trademark infringement and unfair competition under state law. Your actions are also in violation of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d). Accordingly, you may be liable for up to $100,000 per domain name registered.
We therefore demand that you immediately cease and desist from infringing Tumblr’s intellectual property. To that end, you must:
1. Immediately deactivate the website located at:
2. Do not sell, offer to sell, or transfer the domain name to a third party;
3. Let the domain registration expire; and
4. Immediately cease using the famous name and mark TUMBLR and any other intellectual property owned by Tumblr or any other intellectual property confusingly similar thereto on any other Internet web sites that you run, or otherwise in connection with your activities.
Let me be clear here also, I make no money whatsoever from ohtumblr.com. It's purely for fun.
Am I really in the wrong here? Is it illegal for me to use the domain even though I acknowledge i'm not affiliated with Tumblr themselves? Is there anything I can really do here besides give up to Yahoo/Tumblr? I know tumblr owns the trademark to tumblr, but is this really necessary?
P.S. I've taken down ohtumblr for the time being, unless of course i'm for some reason in the right.
Thanks in advance!