question My domain is copyrighted and I was contacted. What next?

Robin A. · Nov 14, 2018

Hi
I own a great domain name (a dot com) and put it for sale on my efty page.
Now I was contacted by a company because they own the copyright to the name (1 word).
I checked out the eu trade mark number and everything checks out as they claim.

Here comes the million dollar question:
am I obliged to just hand it over to them for free? I can't sell it to them or anyone else?

Thank you for any info on this

J.R. · Nov 17, 2018

You are obligated to do nothing, but I would leave the page blank.
It is not up to you or them to determine Trademark rights. That is up to WIPO and the Courts.

I would never voluntarily hand over a digital asset...

cabotower · Nov 17, 2018

you can only tm a name as it relates to a certain field of business or product.as long as you don't get into the same business as them you should be ok.there are a lot of companies that use the same name.such as mcdonalds restaurants,mcdonalds clothing store,not associated with each other.

domainsnatcher · Nov 17, 2018

A lot of conflicting opinions on here.

Looks like you should get some professional advice. Not the forum on the internet kind of advice.
I'll be doing that too actually, when I get a good domain. I don't really know how trademarks apply to domains.

NicTraders · Nov 17, 2018

Yes, I would definitely recommend getting professional advice from someone who specialises in online law. The problem with this particular forum is that you get a lot of people throwing around statements as if they are fact when they are actually opinion (or their interpretation of something which they only understand a little about). They may be well meaning but rarely do they have the expertise to be able to comment on a particular case.

I have spoken with a top online lawyer (i.e. someone who specialises in online law and is considered one of the best in that field in my country) and I do know that the correct approach for one domain might not be the same for another. E.g. the approach you take will vary depending upon the value of the domain, the domain itself, your appetite for risk and so on.

I've certainly heard of plenty of people just handing over a domain - and that is totally up to them. But if you want to get a return for the domain, based on my conversation with the above-mentioned lawyer I would say that offering a domain for sale (to someone who owns the Trademark) at somewhere around $1,500 - $2,000 is usually a good course of action since it's going to cost them that to lodge a UDRP proceeding. You might be able to finalise a sale in that ballpark and it's a win-win.

* I am not an expert in online law and this is just my opinion!

domainsnatcher · Nov 17, 2018

NicTraders said:
Yes, I would definitely recommend getting professional advice from someone who specialises in online law. The problem with this particular forum is that you get a lot of people throwing around statements as if they are fact when they are actually opinion (or their interpretation of something which they only understand a little about). They may be well meaning but rarely do they have the expertise to be able to comment on a particular case.

I have spoken with a top online lawyer (i.e. someone who specialises in online law and is considered one of the best in that field in my country) and I do know that the correct approach for one domain might not be the same for another. E.g. the approach you take will vary depending upon the value of the domain, the domain itself, your appetite for risk and so on.

I've certainly heard of plenty of people just handing over a domain - and that is totally up to them. But if you want to get a return for the domain, based on my conversation with the above-mentioned lawyer I would say that offering a domain for sale (to someone who owns the Trademark) at somewhere around $1,500 - $2,000 is usually a good course of action since it's going to cost them that to lodge a UDRP proceeding. You might be able to finalise a sale in that ballpark and it's a win-win.

* I am not an expert in online law and this is just my opinion!

Finally this is stressed. None of us here are experienced professionals. I think we tend to forget that, haha.

Glad to finally see some real advice from your lawyer! I had a suspicion that when domains get involved with trademark violations it isn't just a black or white matter... there's complexities and tolerance to risk involved.

Anyways, I'm just really glad this was brought up.

maya-zir · Nov 17, 2018

If they want it they must buy it.
They can trademark all they want, but if they want it they must pay.
You just have no rights develop it iin the same niche aas thier company.

frank-germany · Nov 17, 2018

keep calm
don't put content on the page

rmsdomainer · Nov 17, 2018

What a slippery slope. Please consult a professional in this matter.

DomainRecap · Nov 18, 2018

If you choose to keep the domain, do not reply, as that just gets them a contact address to spam with legal threats and ethereal deadlines that keep going on and on and on and on (it's what garbage lawyers at this level do).

DO NOTHING is you do not intend to bend over. You will gain nothing by replying other than a headache - lawyers are all about making money on fees, not paying you off.

Chris Wright · Nov 19, 2018

AGAME said:
...I've got a handful of domains that are 14, 15 years or older and now have recent trademarks registered. I guess the smart thing to do would have been to oppose the trademark filing...

As you alluded to, domain ownership does not (by itself) give TM rights to its owner.

One thing necessary for a defensible TM is usage.
There must be recent commerce with the mark, within its line of business.
Others may own the same mark in unrelated lines of business.

But, without active commerce, a domain owner has no grounds for opposing a TM filing.

Omar Ashraf · Nov 19, 2018

I also have a TM domain
Autodesk.me
I don't know what to do with it

frank-germany · Nov 20, 2018

Omar Ashraf said:
I also have a TM domain
Autodesk.me
I don't know what to do with it

but I know:

delete it now

Omar Ashraf · Nov 20, 2018

frank-germany said:
but I know:

delete it now

Would you buy it and then delete it yourself

frank-germany · Nov 20, 2018

Omar Ashraf said:
Would you buy it and then delete it yourself

good luck on your mission

Michael Ehrhardt · Nov 21, 2018

amazon.com bought amazon.se

question My domain is copyrighted and I was contacted. What next?

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