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question Got the fabled copyright email for my domain name

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So during my stage of domaining idiocy (when I first started) I registered maybe 3-4 names with “Apple” “amazon” and “intel”.

I still have one and totally forgot about it, but I got an email from a company with the EXACT 2 words I chose to register. The company is currently using a .co.uk extension, I have the .com

If there is someone very educated on Copyright laws that can message me that would be wonderful! I’d like to talk with you!

So the message I first recieved was this:

“Hi *******,

We noticed you had registered ************.com which is our registered brand name, we’ve been looking for this domain name for some time. Would you be willing to release this domain into our jurisdiction?

Please contact me back to discuss this further.”

I responded with a short message as i wasn’t %100 aure if he was trying to buy it or forcefully take it, I said:

“Absolutely, thanks for reaching out. Please do send an offer if interested.”

The next email I recieved was this:

“Thanks for responding swiftly, our company is an accredited registrar here in the UK and we are well adapted to the domain industry. We’re looking to secure the .com version of our brand name, which you are currently in possession of.

We would appreciate the offer being sent to us with your asking price. We are willing to pay the current market price for it to cover your initial costs of registration. However since this is our registered brand name, please do understand that we are within our rights to pursue all data and copyright/trademark infringements through our legal counsel. We hope it does not come to this point, however we do by law need to make you aware of the potential outcome of sitting on trademarked domain names.

Thank you!”

What is my best action here? Just give them the domain? I don’t really care if I have to, like I said I forgot about it, I just wanna know my options. If I could make money off it, i’d like too but I understand that copyright laws can be tricky. Would really appreciate a PM do I can disclose the full details, like the domain name, the company name ect.
 
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If you have nothing to lose and do not care if you do lose the domain just ask them for a small amount that you are happy with.

What's the worse thing that can happen? You may end up losing the domain name but that is about it, they will most likely pay the small fee not to go to the the trouble of getting lawyers involved and all sorts which would end up costing them thousands.
I don’t care if I lose the domain, but if I can make 1k off it, i’d rather make 1k off it lol I’d be a fool to just give in without doing any research
 
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Imho they are acting in bad faith / bending the truth to scare you. If I were you I would put up a pron site / affiliate page or forward it to your favorite registrar.

Playing a dangerous game if you do that. That's effectively blackmail. I'd either wait and see what they offer or reply in a polite way saying you dont believe you are .Back it up with reason and be prepared.
 
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I don’t care if I lose the domain, but if I can make 1k off it, i’d rather make 1k off it lol I’d be a fool to just give in without doing any research

Well respond back and ask for 1k and give them 24 hours to decide. That way you take control of the situation.
 
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I put smiley faces and anybody that takes my outlandish advice deserves the consequences!

I would ask for at least 1.5k. They have to pay the 1.5k fee (which they could lose) and a lawyer (solicitor? )

Treat me nicely/ honestly get the same back.

Be a slimey fibber...

Start a US based registrar if they haven't secured US naming rights! 😎😉😀🤡😇
 
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From what I saw from the nominet registrars I don't think he would be cybersquatting. Unless he falls into some trap of admitting something that he shouldn't.

Sorry...should have explained. I think this was the guy in this case was the chap who pointed trademark domains to russian porn sites etc as a way of 'hastening' sales. It came up earlier in the thread.
 
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I dont think this is the fabled copyright letter just someone with .co.uk that wants the .com and is trying to scare you to give it to them. Tell them that my costs add to 750 USD and I'm willing to forfeit the domain for that amount in good faith.

If they have worldwide trademark and it's a clear violation you might lose the domain, but if there's any question it's better to give them the golden bridge to retreat to without pursuing any legal action which is going to cost. If they send you some formalized letter after that just ignore.

(I'm not qualified to give legal advice and my suggestion might get you in trouble)
 
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If it's the name I think it is then it could be argued that the words are pretty generic. The tricky bit legally might be where one is truncated and paired with the other.

I wouldn't just hand it over without taking advice first.
 
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It seems quite odd to me that a UK registrar would not have secured the .com during the start up phase. Rookie mistake imho...

Just saying...
I would assume that the .com was registered at the time, then later dropped.
However, just for kicks I would have a look at dates: when the .co.uk was registered, when were they incorporated - if they are (check Companies House), and what is the history of the .com you're now holding.

Now I don't know the name, nor what were your intentions when you bought it. Also important is how the name has been used until now.
 
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I would assume that the .com was registered at the time, then later dropped.
However, just for kicks I would have a look at dates: when the .co.uk was registered, when were they incorporated - if they are (check Companies House), and what is the history of the .com you're now holding.

Now I don't know the name, nor what were your intentions when you bought it. Also important is how the name has been used until now.
Not advertised for sale anywhere and was going to be all about government info/intel. I think i’m safe there, my concern is if they truly do have the two words trademarked. However, a quick search shows nothing of the sort

EDIT: I should also add that I have sent my reply email already. There is no turning back now 👀
 
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Hi Kate!

Yes and if the .com was already regged and they still decided to go ahead, it seems pretty weak on their part not to see if when it could drop. I mean they are a domain registrar!

My book says charge them the max stupid tax! <Evil>
 
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Ask them to provide you a link to the Trademark so your legal team can look over it. If they don't have a TM, ask for $1500.

If they mention stuff about Copyright. That doesn't really apply to domain names without a website so they might be trying to play you.

I don't know the name, so take my advice with a pinch of common sense.
 
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Not advertised for sale anywhere and was going to be all about government info/intel. I think i’m safe there, my concern is if they truly do have the two words trademarked. However, a quick search shows nothing of the sort

Id make sure that there is nothing on your current holding page that can be tracked to them... ie adverts. If you are with a parking company, then id pull it. If they are paying for advertising and it shows up on your page.They can hold it against you I believe.
 
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I wouldn't roll over. Poor choice that they tried to intimidate you IMO.

Trademarks need to be linked to specific countries as well as product/service categories. You cannot trademark a word in the UK under the category 'Electronic devices' for example, then come after someone with the word .com who resides in the US that has an untrademarked site selling baby clothes.

It is expensive to trademark different categories in different jurisdictions, which discourages people from trying to obtain a trademark in categories/jurisdictions outside of their core business offering.

But I do strongly recommend that you remove parking on the domain to avoid the possibility that an ad for their industry pops up, which then could be argued that you are cybersquatting the name in bad faith to leverage off the established .co.uk name.
 
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If you regged the domain years before they registered the trademark then as far as im aware they cant just persue the name as you got in there first
 
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the first thing to check is
if you actually violated their tm

did you park it?
no good
 
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Thank you all for your replies, a quick update.

I have emailed back and am pursuing a deal.
I am not sure what to think of the copyright issue, but the fact that they are still dealing with me leads me to believe I called their bluff.

I will be deleting all my posts on this post for privacy and closing the thread, if you would like to recieve details when the deal is done, message me and i’ll be sure to send you all the details!
 
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After seeing the name, I think they are just trying to scare you. It’s not clear trademark infringement IMO. They have no TM in US that’s for sure.

It would cost them $1,500 + for legal proceedings, so asking anything less than that would make more financial sense to them.

You are spot on

I received couple similar letters in my day and funny thing was in both cases I was ready to drop the domain anyways. That said I saw immediate potential and quoted $1,500 to cover my costs. The company responded by saying my cost was around 10 bucks for three years. I responded back saying they assume I only carry one domain and they are forgetting it is an average of carrying costs for the portfolio. The fact that they honed into a single domain does not take it separately off my balance sheet.

All said and done, I got 1.5 k for a trademark and they saved themselves the legal. It too was a questionable trademark with lots of different mark holders so I doubt they would have won but I preferred to make a quick 1.5k and they were probably ecstatic to get the domain that easily.
 
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Copyright is in the UK not USA, You should have told them you got it to develop.
It will cost them way more pursuing legal action rather than offering you something beyond the reg fee/ renewals. Fact is they know they will get way more traffic with the .com in the UK people are too used to .co.uk sites.
Also if you have it listed for sale they could have bought it, if they wanted it so bad you wouldn't have it to begin with. They are coy not too smart.
If it's parked unpark and put under construction page there.
 
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Here's a foundational fact of trademarks: usage is king.
You can't protect every conceivable use of a term by paying more. The term must be actively used, in a specific category, in the pursuit of profit, to be protected.

The other side of that coin is that a registrar called "NiceIntel" has NOT infringed on Intel microprocessors. And if you sell business reports under that name, it has NO bearing on the registrar of the same name.
 
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....I responded back saying they assume I only carry one domain and they are forgetting it is an average of carrying costs for the portfolio. The fact that they honed into a single domain does not take it separately off my balance sheet.
This is absolute gold.
Where can I find more business wisdom like this?
Do you blog?
 
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