I am the developer of a program called EditVideoBot, a video and photo editing program that operates out of Twitter, Discord, Telegram and its own API, with over 250,000 users collectively. I've been using this name and branding since August of 2020.

I was alerted by some of my users of a webpage that is attempting to bait users into using their own product by repeatedly using my creation (EditVideoBot's) name in the title and contents of the article.

This webpage can be found here.

As the webpage says, this article was created on 7 July this year and is clearly using my product's name in order to gain search engine ranking and confuse users who are attempting to reach my website/social media profiles.

I want to send a cease & desist letter to them, before taking any other actions, but they provide no method of contact on their website (botghost.com). What should I do? How can I contact them?

I could send the email to something like webmaster@botghost.com or root@botghost.com as I know they're running an email service on that domain, but there's no guarantee that they'll actually ever see it, especially since it's not provided on their site.

What can I do?

  • 2
    I’m voting to close this question because this is a practical issue of how to contact someone without having their contract details. It is not a legal problem. Perhaps the question could be amended to ask a legal question (e.g. whether you could compel the web hosting company to provide their contact details).
    – JBentley
    Jul 21 at 15:06

Short preface: You might want to consult with a lawyer if what that website does really constitutes trademark infringement. But the question did not ask for that. It asked what to do if you want to send a C&D to a website without contact information. That's the question I will answer here. Whether or not the C&D letter itself has merit in this particular situation is another question, and probably one which would violate our "specific legal advise" rule.

You can use a whois-database to find the public information on who operates a domain. Doing so for the domain in question yields that the contact information of the actual domain owner was "Withheld for Privacy Purposes". That means the domain was registered through a domain-by-proxy service. The postal address in Iceland you see in the record is the address of that service, not of the domain owner.

But you can see the registrar which hosts the domain: "Name Cheap Inc.". So that's somewhere you can address complaints to.

If you cause them enough problems, then you might be able to get them to take the website down. Those discount webhosters don't make nearly enough money per customer to fight their legal battles for them. Just reading a C&D letter already costs them more than hosting a website for a year. So they might just fire the customer to avoid the trouble of dealing with you. But then the website might just reappear hosted by some other company a day later and you are back at square one.

The registrar should also be able to tell you the real identity of the person who operates the website. However, they will likely not tell you without putting up a fight, as revealing private information without being legally obligated to might make them liable for violating a bunch of privacy laws. Ask your lawyer if there is any hope to get a subpoena forcing them to give you the identity.

  • 5
    You could also mention the option of the registrar or the domain-by-proxy provider forwarding your C&D to their customer. This way one-way communication can flow while they still preserve the privacy of their customer and many service providers are either willing or in some cases even legally obliged to forward.
    – blues
    Jul 21 at 13:44
  • The IP address of their website is owned by Cloudflare, so they are doing the hosting. Another avenue of attack. Jul 22 at 4:35

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