discuss Germans like hyphens

[frank-germany]

germans like hyphens
but sometimes it's just too much:

today these guys just let a great domain expire

regionale-planungsgemeinschaft-anhalt-bitterfeld-wittenberg(/.)de

to me, this screams opportunity.
I guess they will regret.
catch it!

 

[asxforum]

I have e-handwerk.com

e-handwerk.de sold for $2,500 recently .

 

[lock]

I think sedo.de and the whole dot de movement is what made domains as popular as they are today but after com and de was taken the next thing was hyphens and these are now aging. The Germans made domaining a thing.

 

[Sandern]

I have e-handwerk.com

e-handwerk.de sold for $2,500 recently .

Good example of an hyphen domain being profitable.

 

[lock]

Good example of an hyphen domain being profitable.

But still not a good example of a domain one customer potential. If the buyer doesn't want dot com you can take what ever traffic it gets or drop it.

 

[ramkumaritrvs]

i am bit unlucky with german related hyphened names like T-De.com

received many fake offers but still no luck... i outreached t.de but no response

 

[Sandern]

i am bit unlucky with german related hyphened names like T-De.com

received many fake offers but still no luck... i outreached t.de but no response

Sometimes the waiting game is all we can do, and you might end up selling it for an unexpected amount.

 

[comati]

Germany is the only place where I've seen billboards with hyphenated dot info domains

 

[MTB]

Be careful. In Germany, similar in Austria and in Switzerland, there is a strong right of a name in favour of persons, cities and companies. The right of a name is based on civil right and valid besides (and without) Trademarks.

@Blitzpotz - I assume you mean that the .de, .ch and .at registries rather than .com?

 

[mAd MaX]

germans like hyphens
but sometimes it's just too much:

today these guys just let a great domain expire

regionale-planungsgemeinschaft-anhalt-bitterfeld-wittenberg(/.)de

to me, this screams opportunity.
I guess they will regret.
catch it!

What does it mean?

 

[Blitzpotz]

@Blitzpotz - I assume you mean that the .de, .ch and .at registries rather than .com?

In principle yes. Boris Becker, like me no lawyer and better Tennis player I suppose, would say the ccTLDs are the living rooms of right of a name owners.

But I wouldn´t bet on it. There is jurisdiction like Solingen.info where the City of Solingen has enforced its right of a name against the domain owner. This is not necessarily transferable to every other gTLD or nTLD as the court stated that a webuser expects information about the city transported with this domain.

Often right of a name owners have the TM, too. Here the state of Bavaria has decided to use its TM to get the domain Neuschwanstein.pro with an UDRP. I assume they wanted it to be decided quickly, German legal recourse may take years and foreign domain owners are making it more complicated with national courts.

 

[MTB]

In principle yes. Boris Becker, like me no lawyer and better Tennis player I suppose, would say the ccTLDs are the living rooms of right of a name owners.

But I wouldn´t bet on it. There is jurisdiction like Solingen.info where the City of Solingen has enforced its right of a name against the domain owner. This is not necessarily transferable to every other gTLD or nTLD as the court stated that a webuser expects information about the city transported with this domain.

Often right of a name owners have the TM, too. Here the state of Bavaria has decided to use its TM to get the domain Neuschwanstein.pro with an UDRP. I assume they wanted it to be decided quickly, German legal recourse may take years and foreign domain owners are making it more complicated with national courts.

Surely I could rename my cat Neuschwanstein and create a website in German called Neuschwanstein.de with running 24 hour news coverage on it's every twitch and meeow. How could a UDRP take the domain?

 

[Blitzpotz]

Surely I could rename my cat Neuschwanstein and create a website in German called Neuschwanstein.de with running 24 hour news coverage on it's every twitch and meeow. How could a UDRP take the domain?

If it was a dog, a Deutscher Schaeferhund, then you´d have perhaps a chance.

However, to avoid an everlasting prison in the UDRP database, I found a rather good drop by tomorrow for you matching the topic of this thread though it´s not German:
burnley-says-no-to-hollins-cross-farm-development.com

 

[frank-germany]

Surely I could rename my cat Neuschwanstein and create a website in German called Neuschwanstein.de with running 24 hour news coverage on it's every twitch and meeow.

simple answer is:
no

 

[MTB]

A complainant in a UDRP proceeding must establish three elements to succeed:

• The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;

AND

• The registrant does not have any rights or legitimate interests in the domain name; and

AND

• The domain name has been registered and the domain name is being used in "bad faith".

In my cat example:

• UDRP can proceed...
• My cat is called Neuschwanstein (its cat insurance documents show the name), so I have a legitimate interest
  
• I have a cat website totally unrelated to a castle in Germany - how can you prove bad faith?

 

[frank-germany]

A complainant in a UDRP proceeding must establish three elements to succeed:

• The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;

AND

• The registrant does not have any rights or legitimate interests in the domain name; and

AND

• The domain name has been registered and the domain name is being used in "bad faith".

In my cat example:

• UDRP can proceed...
• My cat is called Neuschwanstein (its cat insurance documents show the name), so I have a legitimate interest
  
• I have a cat website totally unrelated to a castle in Germany - how can you prove bad faith?

you are not dealing with the UDRP Panel
when it comes to .de domains

 

[MTB]

you are not dealing with the UDRP Panel
when it comes to .de domains

Ok, what's the dispute website for .de domains please?

 

[frank-germany]

Ok, what's the dispute website for .de domains please?

the lawyer will tell you

 

[MTB]

https://www.denic.de/en/ - "the central registry of all domains under the country code .de"

On this site is an FAQ page called "Legal Issues" - https://www.denic.de/en/faqs/faqs-on-legal-issues/
At the bottom, it's stated.

"What can I do if I believe that I have a right to a registered domain?

If you can submit appropriate documentary evidence of your rights, you can use the form provided by us to request information about the domain holder.


If you come to the conclusion that you have a right to the domain and intent to carry out a dispute about it with the domain holder, DENIC makes available the so-called DISPUTE entry to you."

Some very interesting information on the Dispute page: https://www.denic.de/en/service/dispute/

• The registrar CANNOT transfer names from one party to another in an unresolved dispute, it must be a direct decision by the registrant to release the domain to the complainant

The only other thing it says is that DENIC will respect the decision of German Federal Law - which is the same in all countries. If you got a ruling from the US Supreme Court for a .com domain then Verisign (the .com registry) would have to respect its ruling also.

 

[frank-germany]

you could claim, it spells

NeuSchwansTein

maybe that will work

 

[Blitzpotz]

What can I do if I believe that I have a right to a registered domain?

Do you have a real legal problem? I thought you are joking.

Whatever, an animal and its name can never create legitimate interest to possess a domain that matches the right of a name IMHO. To easy. You can register it, use it - but lose it if the name holder feels hurt in his rights.

 

[MTB]

Do you have a real legal problem? I thought you are joking.

Whatever, an animal and its name can never create legitimate interest to possess a domain that matches the right of a name IMHO. To easy. You can register it, use it - but lose it if the name holder feels hurt in his rights.

Not my opinion, rules from ICANN

Source: https://www.icann.org/resources/pages/policy-2012-02-25-en

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

*** In the administrative proceeding, the complainant must prove that each of these three elements are present. ***

Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

 

[Blitzpotz]

Not my opinion, rules from ICANN

Your text does not include any justification for your opinion to Paragraph 4(a)(ii). Whatever. Now we should take care not to confuse other members. Let´s finish this hypothetical discussion and move on.

Greetings to your cat.

 

[MTB]

 

[namekahuna]

Dang, that's a sentence, not a domain name. . Do Germans to that to themselves to stay sharp?

 

[MTB]

German domain names (Germany, Switzerland, Austria) are often hyphenated and where the domain name is generic (not trademarked) you can often register the .com domain without the hyphen. There are loads available, but then you have to wait for a buyer...