question Bully threatening UDRP Proceeding

[AstroDog]

Anyone have any experience with a potential buyer threatening a UDRP filing procedure?

I picked up a dropped domain 14 months ago and I searched at that time for any business by that name and there were none in my google search. And, there is no trademark filed with the USPTO either.

I offered a waaaay too reasonable price for the domain. $2,500. I should have asked for much more. It is an absolutely terrific name and probably worth $25,000 to the right end user one day in the future.

This bully has refused to come in higher than $1,600.

His last email asked if I was familiar with UDRP hearings and procedures which cost $1,500 to initiate, he says.

So, his reasoning... Sell to him for $1,600 to avoid a hearing.

Am I at risk of losing my domain?? Will I need to hire an attorney to protect my interests?

Is he bluffing?

I picked up this expiring domain 14 months ago on pure innocent speculation, similar to a real estate investment.

Am I protected from bullies? Do I have rights? Is he bluffing?

Any experience , wisdom, stories to share would be so greatly appreciated.

Thank you in advance.

 

[DanSanchez]

Don't give into bullying. Educate yourself and let him know about Reverse Domain Hijacking. PM me the name for specific ideas on how to counter.

 

[AstroDog]

The domain is a gtld, and I read, but don't fully understand the country's rules. And, I fear that I may lose the name, as a result.

Reverse domain hacking? What is that?

 

[capybara]

Do I have rights?

Of course. It is your right to own domain names for sale and quote any price you want.

Just ignore them for now. Make sure all the emails are saved.

 

[AstroDog]

@Don Gondon, thank you. I will save all emails.

Weird thing though, the email I spoke of has disappeared from my gmail. Idk, I'm just looking on my mobile.

Is there any way that he could have deleted the email after it was sent? No. Is there? Very odd

 

[mr-x]

Cost more to file a UDRP. Stop talking to him.

Anyone have any experience with a potential buyer threatening a UDRP filing procedure?

I picked up a dropped domain 14 months ago and I searched at that time for any business by that name and there were none in my google search. And, there is no trademark filed with the USPTO either.

I offered a waaaay too reasonable price for the domain. $2,500. I should have asked for much more. It is an absolutely terrific name and probably worth $25,000 to the right end user one day in the future.

This bully has refused to come in higher than $1,600.

His last email asked if I was familiar with UDRP hearings and procedures which cost $1,500 to initiate, he says.

So, his reasoning... Sell to him for $1,600 to avoid a hearing.

Am I at risk of losing my domain?? Will I need to hire an attorney to protect my interests?

Is he bluffing?

I picked up this expiring domain 14 months ago on pure innocent speculation, similar to a real estate investment.

Am I protected from bullies? Do I have rights? Is he bluffing?

Any experience , wisdom, stories to share would be so greatly appreciated.

Thank you in advance.

 

[pb]

Let him know that your offer is no longer valid.

 

[bmugford]

So, his reasoning... Sell to him for $1,600 to avoid a hearing.

Unless he hires a lawyer, he is highly unlikely to navigate the UDRP process on his own.

Am I at risk of losing my domain?? Will I need to hire an attorney to protect my interests?

You don't have to. You can just file a response, or you can request a 3 member panel.
If that happens you and the buyer split the added cost of the 2 extra panelists.

Is he bluffing?

Probably, but who knows. Some people make bad decisions and do irrational things.

Am I protected from bullies? Do I have rights? Is he bluffing?

Yes. If the domain is generic just stand your ground.

I have dealt with countless threats like this. Many people are just keyboard warriors, and will likely never follow through with any action.

Brad

 

[AstroDog]

Thanks for all the good insight and thoughts, @bmugford

Yes, VERY GENERIC!!

Much appreciated!!

 

[creataweb]

Hard to say more without knowing the name but might be time to laugh in response and put the price up higher

 

[bmugford]

Thanks for all the good insight and thoughts, @bmugford

Yes, VERY GENERIC!!

Much appreciated!!

Feel free to PM the domain if you want and I will take a more detailed look at it.

Brad

 

[AstroDog]

@creataweb Hahaha. Thank you for the laugh. Needed it!!

The name is extremely generic.

I guess we all have a "first" with a bully.

Bummer. I will try not to let it jade my week.

Thanks again for the smile.

 

[Bob Hawkes]

I, thankfully, don''t have any direct experience with the UDRP process. This post by @Zak Muscovitch provides some order of magnitude costs - the $1500 your bully mentions is essentially just the filing related fees, but having an attorney will add to that probably a more than equal amount. So from his perspective, he should see that paying your price is less than the UDRP costs he would have.

Re the domain itself, there is always some chance of losing a UDRP but from what you say (checking Google search and TESS) it seems the case would be weak.

I think it would be wise to engage in as little conversation with him on issue as possible, as something you say or write might in some way be used against your case. I would simply state the price, and not engage in an argument with him.

I hope it works out with a sale and no UDRP.

Bob

 

[AstroDog]

Hi @DanSanchez , I just sent you a DM with some intriguing information.

If you have the time, please let me know your thoughts. Thank you so much.

 

[WhoaDomain.com]

I have often wondered since lately I've been buying dropcatch orders.

would a court consider that the old domain owner and perhaps unregistered TM holder was dumb enough to let the domain go and that is grounds that they obviously did not think the domain was worth keeping and therefore not valuable for their business to keep?

I mean in the real world if you throw out a $1 million dollar painting in the garbage and someone picks it up? is it theirs to keep?

and if you say wait a minute. I want that back. does the old painting owner have rights?

This actually happened once in NYC. A mexican construction worker put a $1 million dollar painting on the street with the garbage while doing work in a townhouse. lol Some lady picked it up and gave it back to the owner.

She got $50,000 as a reward. The story added actual value to the painting. lol

edit: if it was so "important" enough to sue you for. why didn't this jackass put autorenew.

one can argue that you provide a "retrieval" service.

Imagine if the domain ended up being registered by someone in Russia or India or China? no offense to those from these countries. just saying. I imagine it would be next to impossible to get domains regged in these countries. especially if there is privacy.

 

[wwwweb]

Does he own the matching keyword .com?

 

[AstroDog]

@wwwweb I have no idea!

 

[AstroDog]

@WhoaDomain.com That is quite a story!

Thinking this all through... trying to make sense of it.

Thanks!

 

[wwwweb]

@wwwweb I have no idea!

Well that would be the start, TM law is a complicated, more than running a simple search in some cases.

If they don’t own the matching .com, then you could make a case it is probably a threat, otherwise if there is an established business on the .com, you can match back to that person, then they could have a vested interest in the name. If it is scenario 2, I would take the $1600, and move on.

 

[AstroDog]

@wwwweb I've looked at various extensions and there are many different types of businesses operating with this name and many others are listed for sale.

None of the businesses would have interest in my extension, however, which is pretty specific.

I've decided not to give this bully and his email any more thought or energy.

I have rights, and I'll fight for them!

 

[Kai W.]

@wwwweb
I've decided not to give this bully and his email any more thought or energy.

That's it, no need to be ignored.

 

[AstroDog]

Thanks everyone for all your great feedback! It's so greatly appreciated!!

 

[DanSanchez]

It appears the person who contacted @AstroDog recently filed for a TM and feels entitled to the domain. No further details will be shared about who this person is because it is yet to be confirmed, but the correlations are too strong to ignore.

Fact is, most cases that utilize threats as a means of coercing legitimate owners are fraudulent. Happy to share my experience with this method and how to feeling intimidated.

Here is a thread that hopefully continues to grow with more input from others that experienced intimidation tactics like this one.

https://www.namepros.com/threads/in...ttempts-at-intimidation.1178623/#post-7649839

 

[jberryhill]

Is he bluffing?

One way to find out is to draw him out and simply ask.

As the UDRP requires the Complainant to prove that they have rights in the name and that you have registered and used the name in bad faith.

Simply asking something like "I'm sorry, but I registered this name because (why you thought it was a worthwhile keyword, descriptive, or whatever reason you thought it worthwhile). I conducted a search at that time and did not find any evidence of a trade or service mark by anyone in this term. In order to properly consider what you are saying here, would you mind identifying what you believe to be the basis for the trademark rights you would assert in your proposed UDRP? In particular, the registration number, date and jurisdiction of any registered mark would be helpful for me to understand your position."

No one here can tell you whether this person is bluffing without more information, so asking people on a message board whether someone communicating with you is bluffing, is kind of pointless.

 

[jberryhill]

recently filed for a TM

Yes, but when did they start USING the TM? Is it an intent-to-use filing, or a use-based filing? If it is a use-based filing, did the specimen check out (if it was a website)?

Filing date of a registration application is only one data point.