Afternic broker and trademark case

[devma]

Hi,

I purchased a domain name 7 days ago, after that I have received this email form the broker :

Hi Devma ,My name is Jenny, domain broker for Afternic GoDaddy. This buyer has made a trademark reference to this domain that I think you should be made aware of and please let me know how you'd like to proceed?Here is the buyer's email:Dear,As mentioned earlier also mentioned in the BID we are the trademark holders for word MEDITECH and our registration predates back to 2006 for the same mark. Presently the domain asking price is beyond our pockets. As it can also be seen the Domain has not been made into any constructive use since registration since 2010. It has always been parked for sales or an attempt to hinder us from registering it. Hope you can make the registrant understand the Domain holds valid grounds for Successful UDRP case . To make it a win win we can offer the same upfront price to the registrant $ 1300 for the Domain that we will use to file UDRP .I think as a Broker you can make it win win for both of us. Provided the Domain is not under Any transfer lock. Once made the payment we want it transferred to our Godaddy accounts.

What do you think?
Did I commit trademark infringement?

Thanks in advance!

 

[twiki]

You probably did if trademark is real (long story on this side) but they offer you money as the UDRP cost which is very nice on their behalf.

I'd take the money and be very happy. Their offer is great in such case.

Edit: There is one exact match live TM on that name + a lot of other partial matching.

Edit2: Forgot to mention, important: This is not legal advice and you definitely need to consult a lawyer for such issues. These are mere opinions, the only thing that matters is competent lawyer advice.

 

[tonyk2000]

Hard to say anything without: a) exact domain b) exact TM number and buyers identity c) where you reside, how the domain is used, domain history. There are a lot of "meditech"-related trademarks in various countries, in different classes. If one TM holder should be entitled to the domain name, why not another? If "Domain has not been made into any constructive use since registration since 2010", why did they wait 13 years, why they didn't file UDRP in 2010? So, if the domain is not exclusively assiciated with the complainant or one of its products, it can go both ways. May also depend on how the UDRP response is filled. It is unexpected (and good) that GD shared TM claim, however they will unlikely tell more /buyers identity and tm is critical to decide/, but GD will unlikely share the buyers details a this time.
Not a legal advice.

Please also read the below thread posted by @jberryhill -
https://www.namepros.com/threads/why-you-cant-trust-godaddy-brokers.1302295/

 

[devma]

You probably did if trademark is real (long story on this side) but they offer you money as the UDRP cost which is very nice on their behalf.

I'd take the money and be very happy. Their offer is great in such case.

Edit: There is one exact match live TM on that name + a lot of other partial matching.

Edit2: Forgot to mention, important: This is not legal advice and you definitely need to consult a lawyer for such issues. These are mere opinions, the only thing that matters is competent lawyer advice.

It's meditechpharma.com

 

[devma]

Hard to say anything without: a) exact domain b) exact TM number and buyers identity c) where you reside, how the domain is used, domain history. There are a lot of "meditech"-related trademarks in various countries, in different classes. If one TM holder should be entitled to the domain name, why not another? If "Domain has not been made into any constructive use since registration since 2010", why did they wait 13 years, why they didn't file UDRP in 2010? So, if the domain is not exclusively assiciated with the complainant or one of its products, it can go both ways. May also depend on how the UDRP response is filled. It is unexpected (and good) that GD shared TM claim, however they will unlikely tell more /buyers identity and tm is critical to decide/, but GD will unlikely share the buyers details a this time.
Not a legal advice.

Please also read the below thread posted by @jberryhill -
https://www.namepros.com/threads/why-you-cant-trust-godaddy-brokers.1302295/

It's meditechpharma.com
Thank you for your reply!

 

[forge]

This all sounds sketchy as hell. First off, "Jenny" is probably the #1 fake woman's name choice of scammers.

Also, "domain broker for Afternic Godaddy"? In 2 decades I've never heard that either. What is the email address of the sender?

Red flags all over.

 

[twiki]

Maybe @jberryhill would be so kind to give you some tips too on the course of action. He's the more experienced person on NP, familiar with such legal matters.

(If he has the time and desire to do that, of course.)

 

[devma]

This all sounds sketchy as hell. First off, "Jenny" is probably the #1 fake woman's name choice of scammers.

Also, "domain broker for Afternic Godaddy"? In 2 decades I've never heard that either. What is the email address of the sender?

Red flags all over.

Thank you, but I got the email via Afternic

 

[tonyk2000]

It's meditechpharma.com

If the email from broker is genuine, I'd probably accept the offer and close the case then.

 

[forge]

Now this is interesting.

Price	Date	Venue
meditechpharmaceutical.net	6,004 USD	2023-06-04	DropCatch

 

[devma]

This all sounds sketchy as hell. First off, "Jenny" is probably the #1 fake woman's name choice of scammers.

Also, "domain broker for Afternic Godaddy"? In 2 decades I've never heard that either. What is the email address of the sender?

Red flags all over.

 

[Acroplex]

Never respond to emails or offers relayed by GoDaddy brokers, or other brokers, that do not work for you: they work for the anonymous buyer.

Regarding trademarks, it's a subject that requires an attorney's assessment and advice. For what it's worth, the involvement of a broker in the exchange serves as a record of actions in an eventual UDRP. Proceed cautiously.

 

[Sakthimicro System]

Please check completely if TM don't wait, recently i sold same like situation Meetwee.com for jist $1250

 

[Sam1234]

It sounds like BS to me for all kinds of reasons. First, this person barely speaks English (probably Chinese), so right off the bat I assume this is a Chinese scammer-thief (there are tons of them). They claim to be trademark holders for the word "Meditech" but not "Meditech Pharma", and they would surely say if they had the latter trademarked. From what I can tell they offered no proof of any trademark to you or the broker.

The closest Trademark I could find was for "Meditech", owned by Quadtrant EPP in Pennsylvania:

IC 017. US 001 005 012 013 035 050. G & S: plastic materials in theform of bars, blocks, pellets, rods, sheets and tubes. FIRST USE: 19950000.FIRST USE IN COMMERCE: 19950000

That description does not sound like it has anything to do with Pharma.

The scammer-thief says:

Hope you can make the registrant understand the Domain holds valid grounds for Successful UDRP case . To make it a win win we can offer the same upfront price to the registrant $ 1300 for the Domain that we will use to file UDRP .I think as a Broker you can make it win win for both of us.

So basically this guy with no evidence went to the shady Godaddy broker and solicited his help to "convince you" that you need to sell the domain. And the broker was apparently enticed by the promise of money so is harrassing you and does not care about the validity of the UDRP. It doesn't sound like the guy offered any evidence of his trademark upfront, and if he has a trademark (doesn't sound like it) then it doesn't match your domain. Why are they going through a broker, and why are they offering money, if it is a UDRP case? The broker apparently did nothing to verify this person's identity or trademark before harrassing and bullying you to try to make a profit. Godaddy should fire this broker. I've never heard of anything so shady. If it was me I would (as rudely as possible) tell the broker and the scammer-thief to go fuck themselves.

This is not legal advice, you should consult with a professional and do your own research, etc.

 

[laur77]

The "meditech" term is descriptive so no exclusive protection is given to any "word" mark register holder.

I have searched the tmview data base for the term "medi tech" and I am getting 4301 results.
Even more, if you look closely many are registered for the same trademark class, so, as I said, there is no exclusive protection on the "medi tech" term.

As the same domain on .net (the domain has DA18/PA35, a total of 135 backlinks and just 20 quality backlinks) was sold for 6000$, this year, then, IMO, the .com should get at least double, at least.

If I were you, If the 1300$ is not solving you a urgent problem, I wouldn't accept the 1300 "offer", I would ask for a fair price including an explanation with the best arguments provided on this post.

*This is not legal advice, it's just common sense.

 

[capybara]

The text is extremely shady. The lexicon is more of a domainer rather than professional lawyer or any kind of business executive.

Meditech is being used by plenty businesses worldwide. There are multiple registered trademarks, US, EU, other countries. None of them is a wide known brand to have the exclusive claim on this word. One doesn't get the rights for all and any domain names just by having a registered trademark somewhere.

I do not think you even need any legal advice in this case, would be just a waste of your money. Ignore.

 

[Acroplex]

@devma Did you confirm with GoDaddy about the email?

 

[capybara]

Hmm...

https://www.adrforum.com/DomainDecisions/2053262.htm

 

[Sam1234]

Glad the guy fought it

 

[MediaCode]

Hi,

I purchased a domain name 7 days ago, after that I have received this email form the broker :

Hi Devma ,My name is Jenny, domain broker for Afternic GoDaddy. This buyer has made a trademark reference to this domain that I think you should be made aware of and please let me know how you'd like to proceed?Here is the buyer's email:Dear,As mentioned earlier also mentioned in the BID we are the trademark holders for word MEDITECH and our registration predates back to 2006 for the same mark. Presently the domain asking price is beyond our pockets. As it can also be seen the Domain has not been made into any constructive use since registration since 2010. It has always been parked for sales or an attempt to hinder us from registering it. Hope you can make the registrant understand the Domain holds valid grounds for Successful UDRP case . To make it a win win we can offer the same upfront price to the registrant $ 1300 for the Domain that we will use to file UDRP .I think as a Broker you can make it win win for both of us. Provided the Domain is not under Any transfer lock. Once made the payment we want it transferred to our Godaddy accounts.

What do you think?
Did I commit trademark infringement?

Thanks in advance!

I would disengage, not reply any further, and forget about selling the domain name to this character for any sum.

 

[jberryhill]

Hmm...

https://www.adrforum.com/DomainDecisions/2053262.htm

https://www.adrforum.com/DomainDecisions/2036000.htm

Very strange.

 

[capybara]

Looks like

 

[kool1]

Never respond to emails or offers relayed by GoDaddy brokers, or other brokers, that do not work for you: they work for the anonymous buyer.

Regarding trademarks, it's a subject that requires an attorney's assessment and advice. For what it's worth, the involvement of a broker in the exchange serves as a record of actions in an eventual UDRP. Proceed cautiously.

Listen to the gangmeister.

On another note, eram.com UDRP set precedent that non-infringing parking is a legitimate domain use:

Can't post a link. Just search eram udrp

 

[LH1]

If you decide to agree to those terms and accept the counter off, make sure you include language in a written agreement where they release any and all claims currently have and/or to which they might have in perpetuity. Get a lawyer friend to draft it. This is critical otherwise you give up the domain for pennies and you still get sued.