Expired domain trademarked, what best to do?

[NALF]

Hi!
I bought an expired domain name 1 month ago and parked it to profit from the remaining traffic.
I just got an email saying that the domain name is a trademark and that I can be exposed to pursuit for more than $77,000!
After a quick search this is actually true, the domain name is a trademark but the name is very generic (withouth revealing too much it's like CarInfoNet).
How can I be sure the guy is not a scammer?
Is this $77,000 threat real?
How do you deal with that kind of threat?

I was thinking of asking him a little amount and then transfer the domain with escrow service but I make A LOT of money with the domain and want to be sure the threat is legitimate.

I don't have a lawyer and sure don't want to go that way...
Thank you for your help!

 

[Zeeble]

ok first of all, the amount would be more like $10k and second of all just say that if they want the domain they have to pay for it (a bit of a bluff) if they say that is not acceptable, then just give it to them.

 

[Dave_Z]

You oughta read the Anti-cybersquatting Consumer Protection Act (ACPA).
Here's for starters: http://chillingeffects.org/acpa/ .

The Uniform Domain-Name Dispute Resolution Policy (UDRP) also targets such,
this link will give you an overview of how decisions are reached as such:
http://arbiter.wipo.int/domains/search/overview/index.html .

How do you deal with it? You just deal with it. :D

I was thinking of asking him a little amount and then transfer the domain with escrow service but I make A LOT of money with the domain and want to be sure the threat is legitimate.

If you mean you're thinking of contacting the trademark holder and selling the
name to them, that's called "cybersquatting". And that'll add another nail to
your coffin.

 

[wisconsin]

Can you post the letter/communication you've received ( Minus domain name XXXXX.com) for a better understanding and analysis?

 

[NALF]

The letter is in french but here a translation:

"M.,
You are the owner if domain <domainname>.
You are using our trademark without permission.
Such practice is punished by the law and can cost you as much as $77,000.
I recommend that you communicate with us as soon as possible before being object of a complaint.

M. <name>, PDG of <company name>
"

After thinking about that I don't think they need the domain name. Their only concern seems to be people seeing their domain name in address bar because the site is NOT about the same subject as their company.

I will propose them to redirect traffic from this domain to another domain so people will never see the domain name.

I average $100 USD / day from this domain so I will make sure I propose every single options to KEEP the domain BEFORE let it go. I am not a bad guy and sure will give them the domain if they ask for but It's in my interest that those negociations take a long time.

What do you think?
BTW thank you everybody for your posts!

 

[snoopi]

Is this a trademark? Did you search for it? Is it in France?

You can search here for trademarks in the E.U. http://oami.eu.int/en/default.htm

 

[NALF]

Yes it is a trademark. I searched for it.

 

[Dave_Z]

Do you and the complaining party happen to live in the same area? (i.e. same
town, city, country, etc.)

 

[NALF]

I don't think so.
The guy is talking about EURO money.
He is from France I guess.

 

[wisconsin]

I average $100 USD / day from this domain...

That's $3k average a month....Year??

I think you should hold onto it and don't let it go that easy since you stated that you had no knowlege of the prior trademark and it's a "generic" domain.

Be careful about what you say in your reply to them. If I were you, I would pay a lawyer to draft a response letter (it doesn't cost a lot.) I have done it in the past and it worked.

Good Luck and keep us updated!

 

[NALF]

It's more like 3K/month not 30K...
I replied and proposed that I send all trafic to another domain so the domain name is never displayed in the address bar. My post was like I get many of those compaints and that WE (I used the "we" term instead of "I" ) deal with it everyday. I'll wait the answer.
I'll see about a generic letter from a lawyer in case I get that kind of problem again...if you say that is not so expensive.
I'll keep you updated.
Thanks to all!

 

[Zeeble]

at $100 per day you can afford a laywer to contact them and also get some professional advice from an internet lawyer...

 

[redhippo]

i would keep it......i received a "similar" letter once which threaten me with lawsuit ! in the end they back down....and paid the amount i wanted for the name!

 

[webmark]

As zeeble pointed out earlier , in not so many words, the fact he is simply pulling random figures out of the air suggests he may not be too sincere. I mean is there a formula to quantify settlement figures in such cases??

 

[Tippy]

After thinking about that I don't think they need the domain name. Their only concern seems to be people seeing their domain name in address bar because the site is NOT about the same subject as their company.


I average $100 USD / day from this domain so I will make sure I propose every single options to KEEP the domain BEFORE let it go. I am not a bad guy and sure will give them the domain if they ask for but It's in my interest that those negociations take a long time.

What do you think?
BTW thank you everybody for your posts!

I know many companies which use the same name all trademarked but for different products/services, as far as I know this is ok.

I dont think I would have replied saying I would redirect the traffic to another name... I would have done more research on TM etc... before doing anything that kinda shows I'm the bad guy by saying, ok I will redirect the traffic.

 

[NALF]

Hello everyone,
this was a big misunderstanding!!
The guy was talking about one of my page and not the domain at all!
It happenned that we did a little SEO test and scraped the content of Google for that page. The content included his company name. This is such a little issue now I can laught about it! hehehe
I sure will keep my money maker domain!
We removed the content long time ago but as you know Google still show it.
Thanks to everyone I learned a couple interesting things and it sure will help me next time I have REAL legal threat.
Have a good day!
:bingo:

 

[wisconsin]

It's more like 3K/month not 30K...
!

Sorry, I meant $3k not $30k...That's a great monthly income from only one domain! I still think you need a response draffted by an attorney. Having a lawyer representation when responding has alot a meaning and puts some "weight' and legal perspective on the matter.

Personally, I don't ask for a lawyer services if the domain is not worth while and only if the domain has a steady income coming every month, like in you case.

Hello everyone,
this was a big misunderstanding!!
The guy was talking about one of my page and not the domain at all!
It happenned that we did a little SEO test and scraped the content of Google for that page. The content included his company name. This is such a little issue now I can laught about it! hehehe
I sure will keep my money maker domain!
We removed the content long time ago but as you know Google still show it.
Thanks to everyone I learned a couple interesting things and it sure will help me next time I have REAL legal threat.
Have a good day!
:bingo:

Great news! Now you need to focus on how to double that daily average income from this domain!

Best!