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.

 

[sircc]

Don't reply to these people until you have all the facts. If the name is worth a decent amount, get a lawyer to look at the situation. I know people mean well but some of the advice here is more damaging than good.

I haven't been around these forums for a while but if J Berryhill is still around, contact him.

 

[aceeca]

Just give them the name back. They aren't going to buy it back from you.

Exactly, give up any name(s) for free that the buyer in unwilling to pay.

 

[hwgriffi]

Just know, whatever you do, if you search the threads here deep enough you will find the tale of someone who was in a very similar situation and it resulted in an $80k sale.

Something to then extent of: Company goes under, COO wants domain, domain name drops and domainer catches it, COO contacts domainer and asks for it, domainer says some high amount, and then they accept.

It was a prominent domains and it was probably a better quality domain but you never know just how bad someone wants something.

 

[likeslikes]

I receive a few such inquiries yearly...
And never had any good offers from the "previous registrants"... always superlowball...
So I don't consider them anymore and just ignore.

I had this happen earlier this year and the guy claimed he never let it expire and godaddy 'stole it' from him by letting me register it (it was an expired domain). I sold it back to him for $100 (paid like $20) and just called it a day. I could tell there was no possible way the guy would give me more than that for it.

Just give them the name back. They aren't going to buy it back from you.

I would never 'just give them the name back' without researching everything...especially after the guy was already rude about it when he reached out and he made the mistake by letting it expire.

 

[karmaco]

If they are rude a reply is not necessary. Most people don’t take kindly to threats veiled or not. My reply if any would be a link to the make offer or buy it now page.

 

[jamaltq]

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.

- Open a new account in the domain registrar.
- Push it to that account with privacy option
- Tell them that the domain sold.

 

[Name Trader]

They may be playing hardball. I surely wouldn't give the name back. OP might be sitting on a goldmine
Who knows?

They certainly are already playing hardball. But I'd ignore that and get my own house in order for defending against a UDRP. They have almost no chance with TM infringement or Registered in Bad Faith, if the OP hasn't had it parked with ads.

I would definitely not give the domain back to them or even sell it to them at a reasonable price either. The consequences of playing hard-ball, is that it can backfire on you with higher price. If you really want it back. Playing hardball usually implies a 2nd plan. Either paying more than the true value of the domain, or going to find a second domain, or go to UDRP. There isn't much else they can do.

I mean what domain owner doesn't notice the domain has a) expired, b) deleted, c) re-registered, d) that their website isn't working for a year. It's beyond reasonable belief. What does archive.org say about their website?

OP might be sitting on a goldmine, or not. Too early to tell. After they lose the UDRP, we'd have a better idea.

Some people are just born bullies. It's in their DNA.

 

[saintpro]

My first inquiry for my domain purchase was a direct threatening mail from the previous owner. I bought the domain in expired auctions. IT doesn't have a trademark. Threatened me that he will do black hat Seo, something like that.

Felt sad cause it was my first inquiry. Now I politely mail him once in a while to check if he's interested in buying the domain from me. Basically doing outbound email marketing on him as well.

 

[Tia Wood]

Stay polite & calm. You don't have to give the domain back for free. State your price and the facts and then silence.

 

[Name Trader]

My first inquiry for my domain purchase was a direct threatening mail from the previous owner. I bought the domain in expired auctions. IT doesn't have a trademark. Threatened me that he will do black hat Seo, something like that.

Felt sad cause it was my first inquiry. Now I politely mail him once in a while to check if he's interested in buying the domain from me. Basically doing outbound email marketing on him as well.

Be careful he doesn't report your eMails as Spam. I'd stop eMailing him altogether, and move on.

 

[Umesh1]

Unless you have not any trademark issues I think you can completely ignore them. And enjoy your cocktail in the pool.

what is the best way to chk trademark

thx

 

[kite26]

what is the best way to chk trademark

thx

https://www.trademarkia.com/

 

[Name Trader]

what is the best way to chk trademark

thx

Search:

TESS for US trademarks https://www.uspto.gov/trademark

Trademarkia.com for European & Other trademarks https://www.trademarkia.com/

 

[d-e-x]

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.

No TM - No problems
Is a domain .com or ccTLD?

Company domain name or name is identical to your domain name or similar?

Did you get a normal email or cease and desist letter?


* I didn't read whole thread maybe there is answers on questions above :9

 

[1Darko]

Put up a landing page saying: "Coming soon" and stay calm

 

[Isac]

1st : Make a one page website of this domain
2nd : Tell them your price.
3rd : They can't take away your domain

 

[nitg16]

Politely tell them that you acquired it legitimately, there are no TM issues and you are not willing to give it away just like that.

Stay away from quoting a price or using the word "sell".

They will read between the lines and get the message that they will have to buy-back the domain from you. Just wait for them to make an offer.

UDRP is PITA even for genuine trademark holders and you already did a research about their abandoned TM.

So stay calm and grab a beer.

 

[eurorealtor]

I would give them some time to cool down and wait for a reasonable offer. If they'll keep threatening you, just report them. You don't own them any explanation. Keep their threatening emails as proof. Good luck.

 

[Kuffy]

Has anyone got a link to the court case that ruled that allowing a domain name to expire is evidence that an organisation no longer has an interest in the name.

There have been quite few instances of organisations losing their names. The pools company Vernons is one that I remember.

 

[frank-germany]

don' t reply


if you reply
tell them it's not for sale


they may register a trademark anytime
you won't know so:

use it for your puppy's fan page
don't add Adsense or any kind of ads
don't monetize it

wait

 

[November]

Soon they'll realize that they have to pay for this domain

 

[Wannabean]

I hope when you say parked. It was parked as a For Sale page rather then displaying ads which could have links to their competitors. If it is parked with ads. Change it to a Make Offer For Sale Page, or better still put a webpage on the domain. But DO NOT leave it displaying ads.

I am not a lawyer. If you need legal advice. Please consult a TM Lawyer who is also familiar with how the UDRP operates.

^ this is the most important thing. You can still have the name taken away, even if they don't have a TM, and you put ads on that're related to the business that used to own it.

 

[MapleDots]

I cases like this I send something that looks like an automated response.

Thank you for your inquiry, the domain is under development, if we can be of further assistance please do not hesitate to contact us.

Then I wait

Patience is a virtue

 

[hjordis]

I have a couple of points.

Was the TM which was abandoned belonging to the company who contacted you. Or was it owned by somebody else. If it was the same company, at least for TM issues, they need to be diligently protecting their TM. Letting the TM and domain expire is definitely not diligently protecting their TM. Leaving it for 1 year before trying to recover the domain, is also not going to sit well with any judge. Any TM lawyer would have a field day with this case, as described. If it was owned by somebody else, they would have an uphill battle under TM law to regain the domain. Probably also with any UDRP.

I hope when you say parked. It was parked as a For Sale page rather then displaying ads which could have links to their competitors. If it is parked with ads. Change it to a Make Offer For Sale Page, or better still put a webpage on the domain. But DO NOT leave it displaying ads.

I am not a lawyer. If you need legal advice. Please consult a TM Lawyer who is also familiar with how the UDRP operates.

Thank you, I will change the settings right away. And for the TM, I found several records, 4 belonged to the company (or should I say, the company before they acquired it)

 

[hjordis]

Exactly, give up any name(s) for free that the buyer in unwilling to pay.

I ain't give up on the name just because ONE buyer isn't willing to pay, it's a big world