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question I need an explanation on cybersquatting

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Michael Oje

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I recently registered a plural domain (wasn't aware the singular version existed). I listed it at the marketplace and did outbounding. I later received a reply from one of the potential end users I reached (apparently the owner of the singular version), accusing me of cybersquatting. He offered to buy the Domain at $20 but I rejected. He has retained a lawyer who mailed me and wants to make a case. Please what can I do? Thanks as I await good responses.
Note: I've checked and the domain name) singular) is not trademarked.



Related: Wikipedia on Cybersquatting
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
As much as we absolutely need to know the name to really give the best advice possible .. even that isn't a good idea .. people could write it in their replies .. waybackmachine could get in a snapshot, etc etc.

As much as it sucks, it's always best to keep it secret from everyone but your legal council and your dog! ;)
Well, if upload it just for a day, I dont think it will cause a problem..
Anyway, in this case I use my host to upload the image and then just delete it from my host, leaving the broken link to nowhere..
 
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Can’t help you without knowing exact name but don’t blame you for not posting it publicly. As far as one on one help privately the only ones who would do that for free wouldn’t know for sure anyway.

Sorry but this vague thread is a waste of your time and ours.
 
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its weird that they never reg the name when its available for regfee.. but then send lawyers when someone else regs it.
 
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its weird that they never reg the name when its available for regfee.. but then send lawyers when someone else regs it.
Plural was registered back in 2008.
In 2009 it was used for the same business as now singular.
Maybe it was thier or maybe it was somebody else business.
From 2011 it was used for affiliate links and ads.
From 2017 it was on sale.

Singular was registered in 2014.
From 2015 existd as acual website.
 
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Plural was registered back in 2008.
In 2009 it was used for the same business as now singular.
Maybe it was thier or maybe it was somebody else business.
From 2011 it was used for affiliate links and ads.
From 2017 it was on sale.

Singular was registered in 2014.
From 2015 existd as acual website.

ok ty
still if op was able to reg it then anyone else was also.

so just reg your stuff when its available to reg.. or remembver to renew it.
and stop coming after domainers with lawyers
 
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I hate persons who reg generic names and then try to TM them..
Want to be unique? Find your unique name and domain and use generic ones for leads.
 
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how can you guys ask somebody in legal trouble
to post the name in question here?

as soon as he types it in here its published in googles database forever

on some websites its like typing it into google itself
( try wikipedia)

NEVER post a domain here when you have legal issues or expect them
 
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how can you guys ask somebody in legal trouble
to post the name in question here?

as soon as he types it in here its published in googles database forever

on some websites its like typing it into google itself
( try wikipedia)

NEVER post a domain here when you have legal issues or expect them
How you expect to give advice if you dont know the name?
There are a lot of way to to show the name without post it
 
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Check for trademark conflicts before you register names in the future. The problem here is you contacted them to sell the name. That in itself looks like cyber squatting and bad intentions to approach a trademark holder. When in doubt —do not contact and do not put on page with ads.

It might be less of a problem to just give them the name for a nominal fee.
 
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Indeed, this can give the impression that the domain was registered for the sole purpose of selling it to the TM holder, although the OP said he reached out to several potential end users. But this is something that the TM holder may not know. Instead they may feel like they are the sole target.
But like JBH would say, domainers are too often under the impression that there is no TM if the TM is not registered and this is wrong. Likewise, you don't necessarily need a registered TM to file a UDRP against someone - and prevail.

Another example of outbound gone wrong.
 
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Note: I've checked and the domain name) singular) is not trademarked.

Michael, I'd like to ask you a question, if you don't mind, and get your gut reaction to it.

Let's say that you open up a restaurant in your town. You invest your life savings into that restaurant, and you open up "Michael Oje's Barbecue Grill". Your restaurant takes off and becomes very popular.

I move into your town, and then I open a restaurant down the block from you. I call my restaurant "Michael Oje's Pizza Oven" and I have online ordering at MichaelOje.com.

Would that bother you?

Do you think you'd be able to do anything about it, even if you had not registered a trademark anywhere?
 
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What Berryhill is getting at, which he has a valid point, is that cybersquatting hinges on a "bad faith" use of the domain, specifically, "a bad faith intent to profit." Just because someone has a trademark or does not have a trademark on the name is not the end of the inquiry.

If you want to go down the line and consider the elements that are examined in such cases:
https://revisionlegal.com/copyright-infringement/cybersquatting-and-the-bad-faith-intent-to-profit/

but anyway, as I posted above:
Can’t help you without knowing exact name but don’t blame you for not posting it publicly. As far as one on one help privately the only ones who would do that for free wouldn’t know for sure anyway.
 
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I think I need to add that the domain was actually registered by me after it expired. It was formerly in use by someone/organisation. It's not a new domain at all.
 
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What Berryhill is getting at, which he has a valid point..

19191714151_e7b3aff8fc.jpg
 
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Michael, I'd like to ask you a question, if you don't mind, and get your gut reaction to it.

Let's say that you open up a restaurant in your town. You invest your life savings into that restaurant, and you open up "Michael Oje's Barbecue Grill". Your restaurant takes off and becomes very popular.

I move into your town, and then I open a restaurant down the block from you. I call my restaurant "Michael Oje's Pizza Oven" and I have online ordering at MichaelOje.com.

Would that bother you?

Do you think you'd be able to do anything about it, even if you had not registered a trademark anywhere?
It was not "Michael Oje's Barbecue Grill", it was just "Our city Barbecue Grill".
And I tell you something more...
If you open your business and want to be unique or TM, pay for a good domain and dont reg free GENERIC wrods trying to TM them...
 
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It was not "Michael Oje's Barbecue Grill", it was just "Our city Barbecue Grill".
And I tell you something more...
If you open your business and want to be unique or TM, pay for a good domain and dont reg free GENERIC wrods trying to TM them...

End users don’t care about your opinions about what their name should be. Or what should and should not be trademarked. Stop giving risky advice. Majority of trademarks are generic words so your argument is non sensical.

He contacted a trademark holder trying to sell a name. Nothing is a good enough argument after that. Plural singular does not matter it fits the confusingly similar quite easily. Him contacting fits the bad intent easily.
 
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Thats why I hate all TM.
TM cant be generic word, but people pay and the system acept to TM dictionary words.
What will be the next? Trademark alphabet letters?
City+generic word+boats cant be TM.
You say to put me on the place of singular domain owner?
But why I have to care about hus business if he instead of invent a good name or use his own name, built his business on generic name?
This is his problem.
My personal domain name I registered 3 years after I made the website. I just couldnt find any aviable domain and use something like "I fix pc" I didnt want because it is not a name.
The singular domain owner didnt want to waste his time to search for decent name and also dudnt want to buy any good domain. So why I have to care about him now? It is his mistake to build his business on generic name
 
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And I tell you something more...

I don't recall asking you anything.

TM cant be generic word, but people pay and the system acept to TM dictionary words.

Well that's simply not true. One of the most well-known trademarks in computers is "Apple".

What will be the next? Trademark alphabet letters?

When you see a pair of sunglasses that looks like this:

POBKWPRO.jpg


...you know they are Oakley brand sunglasses. Why? Because they have the letter "O" near the hinge, and that letter is a trademark of Oakley for eyewear.

When you see a magazine that looks like this:

51OJWpRLI1L.jpg


You know it is Oprah Winfrey's magazine. Why? Because it has a large letter "O" on it, and that letter is a trademark of Oprah Winfrey for magazines.

When you see a retail website with this on it:
1421954906480


Then you know it is Overstock.com. Why? Because it has a large letter "O" on it, and that letter is a trademark of Overstock.com for retail online sales.

Single letters can certainly be trademarks for specific goods or services.

City+generic word+boats cant be TM.

Nonsense. Can this one be a TM:

Continent+airlines?

Because "American Airlines" is also a very well-known trademark. It is fundamentally a descriptive term, but because they've been doing it since 1935 on a substantially exclusive basis, then that descriptive phrase has come to be solely associated with American Airlines. When someone says "American Airlines", they don't collectively mean United, Delta, Southwest, etc. - which are all American, and all airlines - they mean a specific airline which trades as American Airlines.

You are the last person on earth who should be giving others advice on avoiding legal problems, because you have no idea what you are talking about. Are you going to be held personally liable if your advice is wrong or bad? Is your license going to be in jeopardy if you give other people irresponsible advice based on your obvious ignorance of the subject?

A geographically descriptive term MIGHT or MIGHT NOT be a trademark based on a lot of specific facts.
 
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I don't recall asking you anything.



Well that's simply not true. One of the most well-known trademarks in computers is "Apple".



When you see a pair of sunglasses that looks like this:

POBKWPRO.jpg


...you know they are Oakley brand sunglasses. Why? Because they have the letter "O" near the hinge, and that letter is a trademark of Oakley for eyewear.

When you see a magazine that looks like this:

51OJWpRLI1L.jpg


You know it is Oprah Winfrey's magazine. Why? Because it has a large letter "O" on it, and that letter is a trademark of Oprah Winfrey for magazines.

When you see a retail website with this on it:
1421954906480


Then you know it is Overstock.com. Why? Because it has a large letter "O" on it, and that letter is a trademark of Overstock.com for retail online sales.

Single letters can certainly be trademarks for specific goods or services.



Nonsense. Can this one be a TM:

Continent+airlines?

Because "American Airlines" is also a very well-known trademark. It is fundamentally a descriptive term, but because they've been doing it since 1935 on a substantially exclusive basis, then that descriptive phrase has come to be solely associated with American Airlines. When someone says "American Airlines", they don't collectively mean United, Delta, Southwest, etc. - which are all American, and all airlines - they mean a specific airline which trades as American Airlines.

You are the last person on earth who should be giving others advice on avoiding legal problems, because you have no idea what you are talking about. Are you going to be held personally liable if your advice is wrong or bad? Is your license going to be in jeopardy if you give other people irresponsible advice based on your obvious ignorance of the subject?

A geographically descriptive term MIGHT or MIGHT NOT be a trademark based on a lot of specific facts.
How many foolish conclusions..
If I see a specific letter and associate it with brand, I see not a letter, but the logo..
One letter can be a logo..
Nobody and never will associates O with Oakley sunglasses if there is no sunglasses around..
Nobody associates apples with Apple, all depends of the content.. If I go to supermarket for me apples just fruits and not a brand..
Apple is not a brand.. I can use the word apple, but not in specific niche..I can build a website on GreenAppleJam and no one will sue me...
The problem is not just the person who TM the name, but also the system wich permits do it.
If you build your business and dont want to invest in a good brandable and preffer reg generic names and then cry somebody ruins your business this means just one thing - your are a bastard...
Trademark generic names and phrase must be prohibited.
 
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Nobody and never will associates O with Oakley sunglasses if there is no sunglasses around..

Well that's certainly open to debate as a factual proposition, but you actually got close to a good point.

Yes, trademarks serve the function of distinguishing the goods/services of one party from those of another in the relevant market.

So, let's go back to:

"City + generic word + boats"

Would you go for

"City + generic word + cream cheese"?

Because that is certainly a brand:

0006810001125.jpg
 
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Well that's certainly open to debate as a factual proposition, but you actually got close to a good point.

Yes, trademarks serve the function of distinguishing the goods/services of one party from those of another in the relevant market.

So, let's go back to:

"City + generic word + boats"

Would you go for

"City + generic word + cream cheese"?

Because that is certainly a brand:

0006810001125.jpg
Thats the problem and mistake of the company who named thir product PHILADELPHIA..
They had to think before to select the brand
 
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Thats the problem and mistake of the company who named thir product PHILADELPHIA..
They had to think before to select the brand
Of couse you know what is Autodesk Maya.
Thats my name and no one can prohibit me use my own name in any brand if I decide to make a brand one day..
Not even Autodesk Maya
 
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You cant trademark something like "condo in Miami" and then prohibit to all related business use this "termin".
Even if you can, as in Realtor case, this is nonsense and this is system error to let somebody use this kind of generic words to convert thier business in monopoly
 
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Thats the problem and mistake of the company who named thir product PHILADELPHIA

It's not a problem, nor is it a mistake. It is the leading brand of cream cheese in the United States.

Word Mark PHILADELPHIA
Goods and Services IC 029. US 046. G & S: cream cheese. FIRST USE: 18800000. FIRST USE IN COMMERCE: 18800000
Registration Number 1659932
Registration Date October 8, 1991
Owner KRAFT FOODS GROUP BRANDS LLC LIMITED LIABILITY COMPANY DELAWARE THREE LAKES DRIVE NORTHFIELD ILLINOIS 60093

Notice that the "first use" date is in 1880. That's how long they've been at it.
 
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It's not a problem, nor is it a mistake. It is the leading brand of cream cheese in the United States.

Word Mark PHILADELPHIA
Goods and Services IC 029. US 046. G & S: cream cheese. FIRST USE: 18800000. FIRST USE IN COMMERCE: 18800000
Registration Number 1659932
Registration Date October 8, 1991
Owner KRAFT FOODS GROUP BRANDS LLC LIMITED LIABILITY COMPANY DELAWARE THREE LAKES DRIVE NORTHFIELD ILLINOIS 60093

Notice that the "first use" date is in 1880. That's how long they've been at it.
I dont care when they created thier mark.
I just say that this is wrong because they get monopoly on better in philadelphia which has nothing to see with thier "excellent" butter..
 
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