Labeled as question in Legal Discussion started by CryptoInvestor, Feb 13, 2018.
The registrar is on that list
I don’t care if I lose the domain, but if I can make 1k off it, i’d rather make 1k off it lol I’d be a fool to just give in without doing any research
Playing a dangerous game if you do that. That's effectively blackmail. I'd either wait and see what they offer or reply in a polite way saying you dont believe you are .Back it up with reason and be prepared.
Well respond back and ask for 1k and give them 24 hours to decide. That way you take control of the situation.
I put smiley faces and anybody that takes my outlandish advice deserves the consequences!
I would ask for at least 1.5k. They have to pay the 1.5k fee (which they could lose) and a lawyer (solicitor? )
Treat me nicely/ honestly get the same back.
Be a slimey fibber...
Start a US based registrar if they haven't secured US naming rights! 😎😉😀🤡😇
aaah okay lol. For anyone thinking of doing that . Read this
From what I saw from the nominet registrars I don't think he would be cybersquatting. Unless he falls into some trap of admitting something that he shouldn't.
Sorry...should have explained. I think this was the guy in this case was the chap who pointed trademark domains to russian porn sites etc as a way of 'hastening' sales. It came up earlier in the thread.
They help with enforcement actions from others than eBay too, from what I understand.
I dont think this is the fabled copyright letter just someone with .co.uk that wants the .com and is trying to scare you to give it to them. Tell them that my costs add to 750 USD and I'm willing to forfeit the domain for that amount in good faith.
If they have worldwide trademark and it's a clear violation you might lose the domain, but if there's any question it's better to give them the golden bridge to retreat to without pursuing any legal action which is going to cost. If they send you some formalized letter after that just ignore.
(I'm not qualified to give legal advice and my suggestion might get you in trouble)
If it's the name I think it is then it could be argued that the words are pretty generic. The tricky bit legally might be where one is truncated and paired with the other.
I wouldn't just hand it over without taking advice first.
I would assume that the .com was registered at the time, then later dropped.
However, just for kicks I would have a look at dates: when the .co.uk was registered, when were they incorporated - if they are (check Companies House), and what is the history of the .com you're now holding.
Now I don't know the name, nor what were your intentions when you bought it. Also important is how the name has been used until now.
Not advertised for sale anywhere and was going to be all about government info/intel. I think i’m safe there, my concern is if they truly do have the two words trademarked. However, a quick search shows nothing of the sort
EDIT: I should also add that I have sent my reply email already. There is no turning back now 👀
Yes and if the .com was already regged and they still decided to go ahead, it seems pretty weak on their part not to see if when it could drop. I mean they are a domain registrar!
My book says charge them the max stupid tax! <Evil>
Ask them to provide you a link to the Trademark so your legal team can look over it. If they don't have a TM, ask for $1500.
If they mention stuff about Copyright. That doesn't really apply to domain names without a website so they might be trying to play you.
I don't know the name, so take my advice with a pinch of common sense.
Id make sure that there is nothing on your current holding page that can be tracked to them... ie adverts. If you are with a parking company, then id pull it. If they are paying for advertising and it shows up on your page.They can hold it against you I believe.
I wouldn't roll over. Poor choice that they tried to intimidate you IMO.
Trademarks need to be linked to specific countries as well as product/service categories. You cannot trademark a word in the UK under the category 'Electronic devices' for example, then come after someone with the word .com who resides in the US that has an untrademarked site selling baby clothes.
It is expensive to trademark different categories in different jurisdictions, which discourages people from trying to obtain a trademark in categories/jurisdictions outside of their core business offering.
But I do strongly recommend that you remove parking on the domain to avoid the possibility that an ad for their industry pops up, which then could be argued that you are cybersquatting the name in bad faith to leverage off the established .co.uk name.
If you regged the domain years before they registered the trademark then as far as im aware they cant just persue the name as you got in there first
the first thing to check is
if you actually violated their tm
did you park it?
Thank you all for your replies, a quick update.
I have emailed back and am pursuing a deal.
I am not sure what to think of the copyright issue, but the fact that they are still dealing with me leads me to believe I called their bluff.
I will be deleting all my posts on this post for privacy and closing the thread, if you would like to recieve details when the deal is done, message me and i’ll be sure to send you all the details!
let us know how it goes
You are spot on
I received couple similar letters in my day and funny thing was in both cases I was ready to drop the domain anyways. That said I saw immediate potential and quoted $1,500 to cover my costs. The company responded by saying my cost was around 10 bucks for three years. I responded back saying they assume I only carry one domain and they are forgetting it is an average of carrying costs for the portfolio. The fact that they honed into a single domain does not take it separately off my balance sheet.
All said and done, I got 1.5 k for a trademark and they saved themselves the legal. It too was a questionable trademark with lots of different mark holders so I doubt they would have won but I preferred to make a quick 1.5k and they were probably ecstatic to get the domain that easily.
Copyright is in the UK not USA, You should have told them you got it to develop.
It will cost them way more pursuing legal action rather than offering you something beyond the reg fee/ renewals. Fact is they know they will get way more traffic with the .com in the UK people are too used to .co.uk sites.
Also if you have it listed for sale they could have bought it, if they wanted it so bad you wouldn't have it to begin with. They are coy not too smart.
If it's parked unpark and put under construction page there.
Here's a foundational fact of trademarks: usage is king.
You can't protect every conceivable use of a term by paying more. The term must be actively used, in a specific category, in the pursuit of profit, to be protected.
The other side of that coin is that a registrar called "NiceIntel" has NOT infringed on Intel microprocessors. And if you sell business reports under that name, it has NO bearing on the registrar of the same name.
This is absolute gold.
Where can I find more business wisdom like this?
Do you blog?
Separate names with a comma.