Advice Please.

[chriswalton74]

Earlier this year I registered ha^^o.in for my son and pointed it to his ha^^ohotel fansite that he created.
On Monday I received an email asking if I was the owner....

This is the email:
**S^^^^^ corporation are requesting if you are the owner of ha^^o.in?
Please contact me regarding this site as we are interested in obtaining that
domain. **

I replied that I was the owner, and got this reply back:
**How much are you prepared to sell the domain for? I will have to check
prices with our lawyer before I can confirm anything. Please let me know
how much the domain cost you and we can promise that we will pay a higher
amount or match that amount and give your son credits on our website.**

I emailed back and suggested that £1000 would be reasonable and got this reply:
**I don't think we will be paying that amount of money as domains generally cost around £20 or cheaper nowadays. I will speak with our lawyer but I am positive that he will tell us not to pay that amount of money for a domain that we can obtain by going through legal channels for copyright infringement and use of our trademark.
Please re-consider your asking price...**

I removed the forwarding of the domain as a precaution and parked it back on a ppc site with some adverts for india flights and then emailed back to say that I had removed the forwarding and would be happy to take £100 for the name. I received this reply....
**I'm still waiting on our lawyer getting back to me.
We need the domain for forwarding to our main site.
I will get back to you as soon as possible!**

I am assuming that I am now going to get a letter in the post telling me to surrender the name. What would be my best course of action now?

Advice would be helpful.
I have blanked out a few letters as I am not sure if I would get in trouble for naming the company or the domain name.

 

[Dave_Z]

Just surrender it over, that way you won't have any trouble from them.

You're thinking just handing over the name will close this story?

If the complaining party proves they indeed have a trademark, they can also
sue for monetary damages if laws apply.

Great posts BTW, DNQuest. :great:

 

[primacomputer]

Open a new account false name etc and send the domain there, When you get an email say you will not sell the domain name as it is going to be a free fan site.

Don't do this! You may be able to talk your way out of legal action by offering to just hand over a name. As soon as you piss them off they will slap you with a trademark suit. They will take your money in addition to the domain. Don't make things worse for yourself.

 

[DNQuest.com]

Just surrender it over, that way you won't have any trouble from them.

There is a great analogy that I will sort of plagerize here....

I walk into the a store
I steal a candy bar
I get caught
I offer the candy bar back
They call the cops
I say "It's only a candy bar!"
Store says we prosecute all shoplifters to the fullest extent of the law

Just because I offered the candy bar back does not mean I did not commit a crime. Would a store just take the candy bar back and let me go? probably. (This would be like handing over a domain and then they forget about you). Do they have to? Heck no! (That would be a TM holder making an example of you)

Infringing with the intent of bad faith of a TM domain is against the law ($100,000.00 penalty plus the label of a squatter which could affect any future disputes). Are there exceptions and loopholes? Yes... do you have the money to fight it and is it worth it? You decide...

 

[Shorty]

From a legal point of view, this has both actus reus and mans rea. You did the crime, you registered the domain name, the intent was to profit from a TM you were aware of. Email them and tell them you will hand them the domain immediately providing they agree not to prosecute you, they have a strong legal position over you.

 

[namenut]

excuse my input but I would like to comment on DNQ and AUNty. I am empressed with the discusion I just read. Both of you are sencerely trying to help this guy and you have done so in great tact. Hats off to both of you for sticking to your guns until it was no longer prudent nor correct. Quite a display of characture and professionalism. Makes me feel I'm in the right place.

Not to mention the content now has me thinking. I will take stock and make any apropriate changes.

namenut