question Can Use Advice Do I Outboard or Not. German Company's Name is the same as mine when you include the .Fast but other have same name & diff extensions!

[Planet9]

I can use everyones advice on this knotty problem. I don't know if it's come up before on Namepros. I'm not listing the real name so bear with me. I registered a domain, lets call it Jelly.Fast for the purpose of this post even though it's nothing close to the real first word of the domain. It cost $23.50. It turns out there is a more than financially sucessful German company called JellyFast with the domain Jellyfast.com. There are other numerous domains such as Jellyfast.net etc. owned by different people having nothing to do with the German company. Bottom line is the German company's name is JellyFast(.com) and my name is Jelly.Fast. My domain is appraised by Godaddy at over $3,500. Iregistered my name unintentionally not trying to outboard anyone. Sorry if this is sounding convoluted, I tried my best to articulate this.

Should I just contact by email or pay a lawyer to write the German company and say I own the domain Jelly.Fast which would be a good name for their company to use and avoid any confusion and will sell it to them for $3,500 or whatever the going rate is or just shut my mouth and hope someone buys it on Afternic? What would you do? It's not that the German company's name isn't used by other extensions for sale but in my case my Jelly.Fast is almost identical to their JellyFast(.com) in percieved spelling. Thanks for your advice.

PS What is a Push Notification?

 

[biggie]

Should I just contact by email or pay a lawyer to write the German company and say I own the domain Jelly.Fast which would be a good name for their company to use and avoid any confusion and will sell it to them for $3,500

Hi

if the premise or logic in offering the name to them, is to “avoid confusion”, then you would be acknowledging to a wipo panel that the name is “confusingly similar”.

also how much $ do you think you’d have left after paying a lawyer to solicit on your behalf?

imo….

 

[Bravo Mod Team]

Read all of these posts:

• https://www.namepros.com/search/1/?q=outbound&c[users]=jberryhill&o=relevance

Courtesy of @jberryhill

 

[jberryhill]

I registered a domain, lets call it Jelly.Fast

Okay. Why did you register that domain?

 

[Planet9]

Okay. Why did you register that domain?

It wasn't jelly. It had an important resource. It looks like the transaction is coming back anyway cause once again I get screwed by the domain Gods niot as my buddy Tull says because I didn't pick a better name!


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[BaileyUK]

So it's the 'extension' word that makes you feel this domain has/adds value to an entity that has the original wording in a Gtld. ie, they may want the same domain with a dot in the middle.

What a waste of your time and effort. If your logic was realistic, then in general demand for domains would've increased multi-fold with the introduction of all the new extensions available. Unless it makes some sort of grammatical sense to have dot in the middle your not clearing-up confusion for your potential customer, your adding to it.

It's bad enough being plagued by pass-tense, hyphens and plural offers of a held domain. Your not going anywhere with that misplaced dot. The exception being, the very short common language pairings that MAY have some marketability

 

[jberryhill]

It wasn't jelly.

Yes, I understood your post the first time. The rest of your reply, however, is gibberish.

Whatever the domain name actually happens to be, WHY did you register it? For what reason does the domain name have value apart from being identical to a successful German company?

 

[DrJacoby]

outboard

 

[bmugford]

I can use everyones advice on this knotty problem. I don't know if it's come up before on Namepros. I'm not listing the real name so bear with me. I registered a domain, lets call it Jelly.Fast for the purpose of this post even though it's nothing close to the real first word of the domain. It cost $23.50. It turns out there is a more than financially sucessful German company called JellyFast with the domain Jellyfast.com. There are other numerous domains such as Jellyfast.net etc. owned by different people having nothing to do with the German company. Bottom line is the German company's name is JellyFast(.com) and my name is Jelly.Fast. My domain is appraised by Godaddy at over $3,500. Iregistered my name unintentionally not trying to outboard anyone. Sorry if this is sounding convoluted, I tried my best to articulate this.

Should I just contact by email or pay a lawyer to write the German company and say I own the domain Jelly.Fast which would be a good name for their company to use and avoid any confusion and will sell it to them for $3,500 or whatever the going rate is or just shut my mouth and hope someone buys it on Afternic? What would you do? It's not that the German company's name isn't used by other extensions for sale but in my case my Jelly.Fast is almost identical to their JellyFast(.com) in percieved spelling. Thanks for your advice.

PS What is a Push Notification?

If they already own the .COM, I doubt they would even want it. IMO.

Brad

 

[Future Sensors]

PS What is a Push Notification?

@jberryhill hasn't answered this one yet.

 

[Planet9]

If they already own the .COM, I doubt they would even want it. IMO.

Brad

The whole thing is moot because Spacehip cancelled the tranaction for "other reasons" lol. Like I said the Internet Gods are plotting against me.

 

[Planet9]

Yes, I understood your post the first time. The rest of your reply, however, is gibberish.

Whatever the domain name actually happens to be, WHY did you register it? For what reason does the domain name have value apart from being identical to a successful German company?

I'll say it now. Silver.Fast. Other than Superai.Fast, it had the Highest Appraised value at around $3,600. The German company is SilverFast.com. I registered it because gold and diamonds were gone & when I looked it up it had a high appraisal. I also checked the domain SilverFast.com & it had a 10 on a 10 scale by Atom which I never say before & a large apraisal amount. If the company had been in the US, I definitely wouldn't have registered it.

 

[Planet9]

So it's the 'extension' word that makes you feel this domain has/adds value to an entity that has the original wording in a Gtld. ie, they may want the same domain with a dot in the middle.

What a waste of your time and effort. If your logic was realistic, then in general demand for domains would've increased multi-fold with the introduction of all the new extensions available. Unless it makes some sort of grammatical sense to have dot in the middle your not clearing-up confusion for your potential customer, your adding to it.

It's bad enough being plagued by pass-tense, hyphens and plural offers of a held domain. Your not going anywhere with that misplaced dot. The exception being, the very short common language pairings that MAY have some marketability

Why do people from England have disgusting teeth and still smoke? No you're reading into things that you want to read into. Congratulations you've made my enemies list. I bought Silver.Fast cause it had a relatively high appraised value. Afterwards I discovered there was a successful software company called Silver Fast (SilverFast.com) & I thought they might want to pay a few grand & save me time for the name. End of story.

 

[biggie]

Congratulations you've made my enemies list.

Hi

wow… you actually have a list of enemies?



imo….

 

[Planet9]

Doesn't everyone?

 

[E. Silvera]

So now I'm honestly curious. Would Silver.fast have been a wrong pick at all? It's perfectly applicable to many uses other than the specific case of the German company.

To the best of my understanding, what wasn't going to be a good idea was approaching them. Or competing with them in any way.

Nevertheless, and provided you're not bothered by my asking, @jberryhill , I would very much appreciate your light on this question.

Thanks in advance!

 

[E. Silvera]

I'll say it now. Silver.Fast. Other than Superai.Fast, it had the Highest Appraised value at around $3,600. The German company is SilverFast.com. I registered it because gold and diamonds were gone & when I looked it up it had a high appraisal. I also checked the domain SilverFast.com & it had a 10 on a 10 scale by Atom which I never say before & a large apraisal amount. If the company had been in the US, I definitely wouldn't have registered it.

Not the internet powers against you, at least not in this case I investigated a little and it can't be registered by anyone who hasn't got documented TM rights on the term. That applies to all of us, IMHO.

 

[E. Silvera]

I researchef

So now I'm honestly curious. Would Silver.fast have been a wrong pick at all? It's perfectly applicable to many uses other than the specific case of the German company.

To the best of my understanding, what wasn't going to be a good idea was approaching them. Or competing with them in any way.

Nevertheless, and provided you're not bothered by my asking, @jberryhill , I would very much appreciate your light on this question.

Thanks in advance!

I did some further research, and apparently the term is reserved.

 

[jberryhill]

Nevertheless, and provided you're not bothered by my asking, @jberryhill , I would very much appreciate your light on this question.

First, answering specific legal questions, as opposed to discussing general applicable principles that may relate to a question, requires more work than I think people understand.

Second, a lot of these questions are like "I just killed someone. Is that illegal?" Well, as it turns out, there are a lot of situations where it is perfectly legal to kill someone, and there are a lot of situations where killing someone might lead to a range of outcomes from mere civil liability for negligence, to first degree intentional murder.

That's why, in I don't know how many threads, you'll see the same pattern. Someone posts a variant of "I just registered a domain name that is similar to someone else's trademark. Is that illegal?" It's really not enough facts to work with.

But what you will also see in these kinds of threads is me asking "Why did you register the domain name?"

Because it's really weird that people are driven by unseen spirits, demons or just unexplained urges to register domain names.

You'd think, most of the time, that someone had a reason for thinking that registering a domain name was worth spending the money to do.

The reason I ask that question, and the reason I'm often puzzled by the frequent lack of an answer is that the answer to "WHY DID YOU REGISTER THE DOMAIN NAME?" is, most of the time, the key to whether or not it is going to be a problem for you.

So, for example, "I just registered Monster.tld and there's a well-known trademark for the Monster energy drink. Is that okay?"

It might be okay. It might not be okay. But what makes it one or the other, at the most basic level, is "WHY DID YOU REGISTER THE DOMAIN NAME?"

That's the starting point for any analysis of these things at all. If, say, you got the notion that I do this for a living and you were willing to pay a few dollars for an actual consultation, guess what my first question is going to be?

So, at the first level, the point is that you either registered the domain name because of the trademark, or you registered it for some independent reason.

If you registered the domain name BECAUSE of the trademark, and you are floundering around looking for some kind of post hoc justification, don't waste my time, your time, or anyone else's time.

After getting that out of the way, then we're going to look at why you registered the domain name, and (a) what objective external evidence there might be which supports your professed reason one way or the other, (b) whether, despite your claimed reason, anyone is going to believe you or not based on factors such as the fame of the mark, whether you have other domain names of a similar type, what kinds of things have you been doing with the domain name, have you been outbounding to various purchasers or just this one... along with other kinds of things that might matter, or not, depending on the circumstances.

But the expectation that "I registered X domain name, is that okay?" is, except in the most obvious instances of "no it is not okay", going to be a tractable question is simply an invalid expectation. However, in the vast majority of instances of questions of this form posted on namepros, it's Short Attention Span Theater, and we don't often get past that first question, in a series of questions I would normally ask in an actual consultation, in order to reach some kind of useful answer.

 

[E. Silvera]

First, answering specific legal questions, as opposed to discussing general applicable principles that may relate to a question, requires more work than I think people understand.

Second, a lot of these questions are like "I just killed someone. Is that illegal?" Well, as it turns out, there are a lot of situations where it is perfectly legal to kill someone, and there are a lot of situations where killing someone might lead to a range of outcomes from mere civil liability for negligence, to first degree intentional murder.

That's why, in I don't know how many threads, you'll see the same pattern. Someone posts a variant of "I just registered a domain name that is similar to someone else's trademark. Is that illegal?" It's really not enough facts to work with.

But what you will also see in these kinds of threads is me asking "Why did you register the domain name?"

Because it's really weird that people are driven by unseen spirits, demons or just unexplained urges to register domain names.

You'd think, most of the time, that someone had a reason for thinking that registering a domain name was worth spending the money to do.

The reason I ask that question, and the reason I'm often puzzled by the frequent lack of an answer is that the answer to "WHY DID YOU REGISTER THE DOMAIN NAME?" is, most of the time, the key to whether or not it is going to be a problem for you.

So, for example, "I just registered Monster.tld and there's a well-known trademark for the Monster energy drink. Is that okay?"

It might be okay. It might not be okay. But what makes it one or the other, at the most basic level, is "WHY DID YOU REGISTER THE DOMAIN NAME?"

That's the starting point for any analysis of these things at all. If, say, you got the notion that I do this for a living and you were willing to pay a few dollars for an actual consultation, guess what my first question is going to be?

So, at the first level, the point is that you either registered the domain name because of the trademark, or you registered it for some independent reason.

If you registered the domain name BECAUSE of the trademark, and you are floundering around looking for some kind of post hoc justification, don't waste my time, your time, or anyone else's time.

After getting that out of the way, then we're going to look at why you registered the domain name, and (a) what objective external evidence there might be which supports your professed reason one way or the other, (b) whether, despite your claimed reason, anyone is going to believe you or not based on factors such as the fame of the mark, whether you have other domain names of a similar type, what kinds of things have you been doing with the domain name, have you been outbounding to various purchasers or just this one... along with other kinds of things that might matter, or not, depending on the circumstances.

But the expectation that "I registered X domain name, is that okay?" is, except in the most obvious instances of "no it is not okay", going to be a tractable question is simply an invalid expectation. However, in the vast majority of instances of questions of this form posted on namepros, it's Short Attention Span Theater, and we don't often get past that first question, in a series of questions I would normally ask in an actual consultation, in order to reach some kind of useful answer.

Thank you very much for your kind and detailed explanation. My question was raised by the fact that OP answered to the Why? that they had registered the name after having researched for valuable keywords, and finding out that, quite naturally, "Silver" is a highly valuable one. So my take was they lacked bad faith at the moment of registration, and now it was a question of what use could be legitimately made of the name from now on.