question Advice needed: Squatter registered .com 1 day after my trademark filing

[ayyyo]

Hi everyone,

I am new to this forum and I recently started a small business manufacturing a unique niche product. I am looking for advice on a domain situation involving a squatter who likely scraped the TM database.


The Background:

• The Brand: I have a unique brand name (less than one page of Google results).
• The Trademark: I filed for a trademark in my home country. It is currently published for opposition, and I expect it to be registered in a few months.
• The Incident: I attempted to buy [MyBrand].com a few weeks ago, only to find it was registered exactly one day after I filed the trademark (the same day it appeared in the public database).
• The Market Context: The name has no inherent dictionary value. Slight variations (e.g., + an "s" at the end) are all available for $8.88.

The Dilemma:

The domain is listed on Spaceship for a "Buy It Now" price in the $1,XXX range, sightly higher than the cost of filing a UDRP case.

Because I needed to launch, I instead acquired the [MyBrand].countryTLD and launched my store. However, because my brand has low search volume, the For Sale listing for the .com currently ranks right below my actual store on Google. It’s an eyesore and confusing for customers.

Financially, I can afford the $1,XXX price tag, but I am struggling with the ethics of paying a squatter who clearly scraped my TM data.


My Questions:

1. Should I wait for my TM to be fully registered and then use that as leverage (or file a UDRP)?
2. Given that the BIN price is similar to UDRP fees, is it better to just pay the squatter, call it a lesson learned, and secure the domain now to remove the search result conflict?
3. If I negotiate now, do I risk them raising the price once they realize I am the TM holder?

Thanks for your time and advice. Hope you have a nice weekend.

 

[jberryhill]

First off, this is not a good question for a public forum.

Secondly...

Financially, I can afford the $1,XXX price tag, but I am struggling with the ethics of paying a squatter who clearly scraped my TM data.

Are you running a business or a religion?

 

[pb]

Financially, I can afford the $1,XXX price tag, but I am struggling with the ethics of paying a squatter who clearly scraped my TM data.

Then make a $xxx offer. It is what it is, you can keep sulking or you can suck it up and pay for your mistake (who files a TM without securing a name first?).

 

[Jannes]

The domain is listed on Spaceship for a "Buy It Now" price in the $1,XXX range, sightly higher than the cost of filing a UDRP case.

Given that the BIN price is similar to UDRP fees, is it better to just pay the squatter, call it a lesson learned, and secure the domain now to remove the search result conflict?

No other legal fees besides the cost of filing?
Then there's the question of time wasted regardless of the outcome.

 

[bmugford]

Hi everyone,

I am new to this forum and I recently started a small business manufacturing a unique niche product. I am looking for advice on a domain situation involving a squatter who likely scraped the TM database.


The Background:

• The Brand: I have a unique brand name (less than one page of Google results).
• The Trademark: I filed for a trademark in my home country. It is currently published for opposition, and I expect it to be registered in a few months.
• The Incident: I attempted to buy [MyBrand].com a few weeks ago, only to find it was registered exactly one day after I filed the trademark (the same day it appeared in the public database).
• The Market Context: The name has no inherent dictionary value. Slight variations (e.g., + an "s" at the end) are all available for $8.88.

The Dilemma:

The domain is listed on Spaceship for a "Buy It Now" price in the $1,XXX range, sightly higher than the cost of filing a UDRP case.

Because I needed to launch, I instead acquired the [MyBrand].countryTLD and launched my store. However, because my brand has low search volume, the For Sale listing for the .com currently ranks right below my actual store on Google. It’s an eyesore and confusing for customers.

Financially, I can afford the $1,XXX price tag, but I am struggling with the ethics of paying a squatter who clearly scraped my TM data.


My Questions:

1. Should I wait for my TM to be fully registered and then use that as leverage (or file a UDRP)?
2. Given that the BIN price is similar to UDRP fees, is it better to just pay the squatter, call it a lesson learned, and secure the domain now to remove the search result conflict?
3. If I negotiate now, do I risk them raising the price once they realize I am the TM holder?

Thanks for your time and advice. Hope you have a nice weekend.

Here is my practical advice.

Buy the domain. Don't mess around making a lower offer.

Consider it a lesson learned.

In the future, make sure your domains are secured first.

Brad

 

[Timkh]

If I negotiate now, do I risk them raising the price once they realize I am the TM holder?

Even if you click Bin, there's still a chance they won't transfer the domain and might raise the price.

The best option is when the domain is listed at the same place where it's registered.

Check whois, if the registrar is Spaceship, the domain will be transfered automatically.

 

[DomainRecap]

Buy the domain
Write it off
Lesson learned (hopefully)
Make money

 

[NicTraders]

Hi everyone,

I am new to this forum and I recently started a small business manufacturing a unique niche product. I am looking for advice on a domain situation involving a squatter who likely scraped the TM database.


The Background:

• The Brand: I have a unique brand name (less than one page of Google results).
• The Trademark: I filed for a trademark in my home country. It is currently published for opposition, and I expect it to be registered in a few months.
• The Incident: I attempted to buy [MyBrand].com a few weeks ago, only to find it was registered exactly one day after I filed the trademark (the same day it appeared in the public database).
• The Market Context: The name has no inherent dictionary value. Slight variations (e.g., + an "s" at the end) are all available for $8.88.

The Dilemma:

The domain is listed on Spaceship for a "Buy It Now" price in the $1,XXX range, sightly higher than the cost of filing a UDRP case.

Because I needed to launch, I instead acquired the [MyBrand].countryTLD and launched my store. However, because my brand has low search volume, the For Sale listing for the .com currently ranks right below my actual store on Google. It’s an eyesore and confusing for customers.

Financially, I can afford the $1,XXX price tag, but I am struggling with the ethics of paying a squatter who clearly scraped my TM data.


My Questions:

1. Should I wait for my TM to be fully registered and then use that as leverage (or file a UDRP)?
2. Given that the BIN price is similar to UDRP fees, is it better to just pay the squatter, call it a lesson learned, and secure the domain now to remove the search result conflict?
3. If I negotiate now, do I risk them raising the price once they realize I am the TM holder?

Thanks for your time and advice. Hope you have a nice weekend.

The situation sucks, but I suspect option 2 is the best way to go. Given that the seller registered the name, likely knowing full well you filed for the TM on it, such a seller is quite likely to increase the price if you make an offer and they realise you're the TM applicant.