A rec'd a C and D email today.

[Christopher Hunt]

rec'd today via email. from a big international bank in france - fil banque.

(ignore the spaces - they are to keep from this thread showing up on a search).

they own fil banque (dot) com.

about a year ago I reg'd a bunch of .com and .ca generic banking terms in french and english. one was (remember - ignore the spaces) sans fil banque (dot) com. I didn't even know about fil banque, I just have a bunch of wireless(sans fil)/mobile/online(en ligne) names in .ca and .com. They are all just parked at sedo w/ just a trickle of traffic w/ hopefully development the plan down the road. They have sent me a C&D from their law firm re: sans fil banque (dot) com. as far as I am concerned they don't have a leg to stand on, as they don't have sans fil (wireless) in any of their trademarks, and wireless / mobile / online banking is about generic and common use as they get.

I have already emailed back with a clear indication of why there is absolutely no infringement and no bad faith on my part. Any advice as to next steps?

Cheers and thanks in advance!

 

[labrocca]

They are all just parked at sedo w/ just a trickle of traffic w/ hopefully development the plan down the road.

My advice...say goodbye to the domains.

 

[ofclean]

Nah, not all trademarks are deemed enforcible. This one seems borderline, I'm not sure how common that phrase is in french.

 

[Christopher Hunt]

labrocca, do you know anything about trademark law? I do and reverse hijacking is even a good possibility here. All of my domains are 100% generic, and generic means bulletproof. I follow the WIPO reports and finding after finding is cementing that.

and what are you talking about when you say "domains"? there is only one involved here. Did you read the whole post?

 

[-REECE-]

I don't see how they could possibly win this one... As you said, you used the word wireless in the name. I speak french myself... I cannot see how anyone could trademark wireless bank... Might as well trademark bank wire... And at that they don't even have a trademark :lol:

Perhaps they'll put an offer forward when they realize they aren't going to win this one... Best of luck :]

I've never really understood why some individuals/companies take this approach... It would seem much more sensible to me to give you a 'lowball' offer and get an idea of how much you'd settle for... Trying to BS you into handing over the name just makes you angry and likely ends up forcing them to pay more for the name (or not get it all).

 

[Christopher Hunt]

Thanks, Reece,

Glad to hear from someone who speaks french (I definitely do not, but wanted banking names in both English and French as I live in Canada). You are exactly right. Too many times people think trademark law is a big stick to be used by big companies and their law firms to take our names away. But the simple fact is that if your name is generic, or merely descriptive of an activity, then you can park it, hold on to it, put up a blank page, whatever you want, it cannot be touched. A bank cannot trademark cash bank, savings bank, checking bank, walk-in bank, and certainly not wireless, mobile or online bank. Pretty soon that will be the only way to bank!

And you are right about them just making me mad.