A company asked me to return my domain to them

[hjordis]

Hi!

So I registered a brandable domain a while ago, and just found out the domain was belong to a company because they sent me an email and asked me to return it to them - apparently they forgot to renew the domain, I did a trademark search for the word, and it was abandoned long before I registered the domain. What should I do about it?

Thanks.

 

[Mr. Deleted]

This is when it pays off to know an actual lawyer who can look at the specifics of your situation. You need someone who is well-versed in these types of cases, and understanding of the ins and outs of exactly how things can play out in court; even if the tm had lapsed/domain registration expired.

It's definitely tempting to be on the "losers weepers" side of the argument here, but that might not play out in your favour in the long run.

Proceed with caution.

@jberryhill

 

[Mr. Deleted]

If it's not a small company I'd extend it for 10 years and just sit and wait. They'll come for it one way or another.

If you're sure they don't have a trademark you should be fine but be careful about development.

While we're on subject, has anyone ever filed an UDRP? I'm getting herassed by a domainer who regged my TM in .org and has been bothering me to buy it eversince.

Told him no as he's violating my TM but offered a couple of hundred for his trouble. He keeps asking for 3K and now put up a lander to the competition.

I'm not set on obtaining the domain but was wondering if it's a lot of work (money is no issue).

Not too many domainers have TMs. But to those that do, it would be best to defend the TM, but if he only wants 3K, I think the UDRP is going to cost more.

 

[branding]

Not too many domainers have TMs. But to those that do, it would be best to defend the TM, but if he only wants 3K, I think the UDRP is going to cost more.

Thanks. I'm definitely defending it as it's a pet project dating back from my days in Uni I'll contact my lawyer about it and see what they have to say.

Feels a bit weird to do it as I'm trading in domains myself but he's being a total d*ck about it so not gonna let it slide.

 

[maya-zir]

Give me your email and I will email you claiming to give it to me as a gift..
Will you do that?

 

[jberryhill]

Give me your email and I will email you claiming to give it to me as a gift..
Will you do that?

Either you have quite a sense of humor or I have just witnessed the most profoundly awful piece of advice offered on Namepros ever. And there's a lot of stiff competition for the title.

Yes, folks, remember, if you ever find yourself in a situation where you don't think you've done anything wrong, then the best way to make sure you haven't done anything wrong is to start LYING!

Lying - the magical tactic that always improves your legal situation!

You have no idea how easy this makes the practice of law. I get paid big bucks to pick up the phone, listen to people's issues, and then tell them, "Well, your circumstances are complex, but I suggest you start lying about them immediately because, heck, what could EVER go wrong with that?"

Yeah... forge documents and make stuff up because that almost NEVER turns out to be a bad idea.

 

[maya-zir]

Either you have quite a sense of humor or I have just witnessed the most profoundly awful piece of advice offered on Namepros ever. And there's a lot of stiff competition for the title.
Yes, folks, remember, if you ever find yourself in a situation where you don't think you've done anything wrong, then the best way to make sure you haven't done anything wrong is to start LYING!
Lying - the magical tactic that always improves your legal situation!
You have no idea how easy this makes the practice of law. I get paid big bucks to pick up the phone, listen to people's issues, and then tell them, "Well, your circumstances are complex, but I suggest you start lying about them immediately because, heck, what could EVER go wrong with that?"
Yeah... forge documents and make stuff up because that almost NEVER turns out to be a bad idea.

It was sarcasm..

 

[jberryhill]

Hard to tell sometimes.

Chapeau.

 

[hjordis]

Not too many domainers have TMs. But to those that do, it would be best to defend the TM, but if he only wants 3K, I think the UDRP is going to cost more.

Very informative about the UDRP cost part, thank you.

 

[maya-zir]

TM live or not live, I never will understand why somebody must have rights for the domain they dont own?
I can understand I cant develop micro-soft.com or applephones.com but I can reg them and own them.
Soon will trademark alphabet letters?

 

[myfavorite]

If you bought the domain to resell, I suggest you put up a good for sale landing page with BIN, but without advertisements.

Avoid replying their email. All your reply should be through your BIN price. If they send any rude mail, increase the price by #100. If they grow up and make an offer, counter by adjusting the BIN. If their offer is okay to you, then adjust the BIN to their offer.

Further communication with them can make you give out information that may be used against you.

I'm not a Lawyer, just my opinion.

 

[Kate]

You guys realize that without knowing the domain name, all the facts and the chronology of events, your advice is worth just about anybody else's.

 

[sircc]

You guys realize that without knowing the domain name, all the facts and the chronology of events, your advice is worth just about anybody else's.

I would go further and claim most of the advice is damaging. OP needs to contact a professional, period.

 

[maya-zir]

I would go further and claim most of the advice is damaging. OP needs to contact a professional, period.

Professional?
What do you mean?
The answer is very simple - the domain is his own, and thats all. I mean the domain belongs to OP.
If you mean he needs a pro para evaluate the domain, ok, it is another question.
But there is no doubt, no second opinion, no any possibility to give back the domain for free.
Ha! He can claim it, can demand, can cry and insult, but the domain belongs to OP.
He wants it? He must pay for it...

 

[Amphibia07]

I would go further and claim most of the advice is damaging. OP needs to contact a professional, period.

I feel people often overvalue "professional". There are so many dumb professionals, tired professionals, or those who just don't have the energy or motivation to really think on the case, and go by every shortcut possible. Unless you are referring to top professionals, and I doubt everyone here has their personal IP lawyer, I wouldn't be quick to say any professional advise is always and without exceptions better. I have seen so many unprofessional "professionalism" - especially in services sector - medicine, law, financial, etc - that dedicated boards often have better advise. And don't forget most professionals are also salesman, so they will always oversell their services, whether you need them or not.

One question though - on which there is conflicting opinion here - should you name the price. I mean, if the selling side names price first, it frames domainer as a reseller or speculator, without intent to develop the site. In a discussion with current (or previous) copyright holder, which obviously has/had vested interests, this could go back on you. I'd start with saying that I purchased the site for personal use, but keep the door open to hear what they have to offer, but wouldn't name the price, rather wait for the buying side to initiate pricing. But again it's amy opinion. Maybe it doesn't matter.

 

[sircc]

I feel people often overvalue "professional".

Obviously, by professional, I meant a lawyer. A lawyer who has experience in this field (domains) is the only one the OP should seek advice from.

Since we don't know the name, we don't know the game.

 

[maya-zir]

Guys, are you ok?
You advice to OP a pay to lawyer just because one idiot think the domain belongs to him just because it was his before?
He didnt renewal it, and lost it.
What lawyer?
You will contact lawyer each time some idiot will email you?

 

[anantj]

Guys, are you ok?
You advice to OP a pay to lawyer just because one idiot think the domain belongs to him just because it was his before?
He didnt renewal it, and lost it.
What lawyer?
You will contact lawyer each time some idiot will email you?

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[topdom]

I would consider this as an opportunity to negotiate. How I would negotiate: This depends on the domain.
For example I would say, if I didn't buy it someone else would.. etc. In the past I donated some domains for free although I didn't have to, and in other cases negotiated and sold domains for 4 figures. Instead of giving a price you can make them offer a reasonable price, so at the end it looks like they are the winner.

You may not be dealing with the million dollar company only. There might be a poor guy working there responsible for managing domains, and he might have small kids, credit card and mortgage debt, and need to keep his job to survive. Maybe that guy will have to pay from his own pocket not to lose his job.

I would take into account, whether the domain is good enough and there might be other potential buyers.
Maybe you can say, I can afford to sell it for $ 200 but not less, considering that it has potential to sell to other parties for $ 500.

 

[Mr. Deleted]

You may not be dealing with the million dollar company only. There might be a poor guy working there responsible for managing domains, and he might have small kids, credit card and mortgage debt, and need to keep his job to survive. Maybe that guy will have to pay from his own pocket not to lose his job.

So why not ignore the post where the OP says the boss of the company is the one that sent the emails?

 

[lock]

Find what industry they trademarked and avoid it. Want to keep it then start something different. Tell them the domain isn't for sale.

 

[winst]

Instead of an outright war of words, how about start a conversation and find out why they wanted the name back so badly, find out what happend. People "hate" domainers, opportunists. I'd suggest play the "ignorant" card and find their pain points and negotiate, negotiate, negotiate.

 

[MR Harrist]

if I were u will tell them, that domain avaialable at Godaddy! and if your company have right, tell godady to transfer to your company and provide the paperwork, and I am sure godaday will give you my domain for free! but if you can't do that or need more money to do that! lets talk, and mention your price, who knows, we can solve this issue with lower cost

in nutshell, let godaddy help you with this issue! if they can take it from you, I am sure the domain already gone right now! but if not, well, I am sure they will need to go to court and spend money! and since you tell them, this issue can be solved with lower cost, I think can be alibi that you have good intention and solve this problems without headache

 

[italsat]

i have register skybet.it years ago and bskyb have register the eu trademark after my registration , i have lose the domain

 

[MadAboutDomains]

i have register skybet.it years ago and bskyb have register the eu trademark after my registration , i have lose the domain

I haven't checked, but Sky almost definitely had a TM on 'Sky' and a lot of other variations long before you registered Skybet.it. If they didn't I'll eat my own socks and post an update when I've done it.

 

[anantj]

I haven't checked, but Sky almost definitely had a TM on 'Sky' and a lot of other variations long before you registered Skybet.it. If they didn't I'll eat my own socks and post an update when I've done it.

Not everyone domain with the term sky is due to Sky Television (or whatever the orgs name is). There is a lot more to TM violation than just having a generic dictionary word like sky in it!