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question Grey Areas - Outbound Sales

NameSilo

Anjani

Established Member
Impact
321
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Anjani

Established Member
Impact
321

Silentptnr

Domains88.comTop Contributor
Impact
46,692
I would be sure your domain isn't parked with any ads for their products.

I might try to reach out to their marketing Dept. or person via email letting them know I own a random 5 letter domain name that might be of interest to them.
 

Kate

Domainosaurus RexTop Contributor
Impact
21,726
Short answer, and not qualified legal advice: I think this kind of approach can backfire. I'm also saying this based on my experience of reading UDRP rulings. It is often a combination of factors but only one factor can tip the balance against you. Buying domain names for the sole purpose of resale can be acceptable at UDRP as long as you do not infringe on the TM rights of others. However targeting a specific end user and taking advantage of their TM is a different proposition.

The lack of a current registered trademark doesn't diminish their rights, since they are using the name they automatically accrue TM rights through usage.

Personally I would normally not buy a name that has only one 'obvious' end user. Unless I am going to use the domain and I know exactly what I am doing. For example, using it in a different country for a different purpose so as to avoid any risk of friction or confusion.

Here is one example:
WIPO-UDRP Decision D2004-0449 - nautomatic.com
On May3,2004, the Respondent approached the Complainant via e-mail, without being solicited to do so, to start negotiations concerning sale of the domain name. The unsolicited approach proves that the registration was made in bad faith, merely with the intention to sell the domain name to the Complainant at a later date.

Your domain name was registered 5 days ago. If you were to contact that end user, it's pretty obvious you registered the name for the sole purpose of selling it to them. It's not like you have owned the name for 15 years, because you have used it for some business that is no longer active and you want to dispose of your asset.

They would probably prevail at Wipo because you likely couldn't justify another plausible purpose.
 
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Anjani

Established Member
Impact
321
Short answer, and not qualified legal advice: I think this kind of approach can backfire. I'm also saying this based on my experience of reading UDRP rulings. It is often a combination of factors but only one factor can tip the balance against you. Buying domain names for the sole purpose of resale can be acceptable at UDRP as long as you do not infringe on the TM rights of others. However targeting a specific end user and taking advantage of their TM is a different proposition.

The lack of a current registered trademark doesn't diminish their rights, since they are using the name they automatically accrue TM rights through usage.

Personally I would normally not buy a name that has only one 'obvious' end user. Unless I am going to use the domain and I know exactly what I am doing. For example, using it in a different country for a different purpose so as to avoid any risk of friction or confusion.

Here is one example:
WIPO-UDRP Decision D2004-0449 - nautomatic.com


Your domain name was registered 5 days ago. If you were to contact that end user, it's pretty obvious you registered the name for the sole purpose of selling it to them. It's not like you have owned the name for 15 years, because you have used it for some business that is no longer active and you want to dispose of your asset.

They would probably prevail at Wipo because you likely couldn't justify another plausible purpose.

Electronic chemicals are in vogue and Oxid is a dictionary name for a chemical - An oxid is a combination of oxygen with a metal or base destitute of an acid:xf.smile:

As usual thank you for a detailed analysis..Clarifies many things!
 

karmaco

Top Contributor
Impact
11,384
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Anjani

Established Member
Impact
321

biggie

GreenFriendly.comTop Contributor
Impact
14,722
the title:Grey Areas

already shows that you are aware of the risk

and Outbound Sales, is just another way to say "spam or solicitation".

if you're gonna do, what you were gonna do anyway, then why ask for advice?

just saying....


imo...
 

Anjani

Established Member
Impact
321
the title:Grey Areas

already shows that you are aware of the risk

and Outbound Sales, is just another way to say "spam or solicitation".

if you're gonna do, what you were gonna do anyway, then why ask for advice?

just saying....


imo...

Iam weighing the risk to take a calculated risk:xf.smile: i reckon things are not cut and dry in this space and I am prepared to take my chances:xf.cool:
 
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Impact
3,650
If you price it at $349 you might get lucky but if you price it at $5000 you could very well face a Cease and Desist letter from their attorneys.
 

bmugford

www.DataCube.comTop Contributor
Impact
43,133
Interesting...with so many oxid's floating around...i have a good feeling about this one...will either go for Mid $xxxxx or i will win a UDRP lottery:xf.smile:

If you had Oxid.com you might get a decent number. Smart companies won't pay anything for a domain like this, never mind mid $XX,XXX. It is not really much of an upgrade.

Brad
 

Anjani

Established Member
Impact
321
If you had Oxid.com you might get a decent number. Smart companies won't pay anything for a domain like this, never mind mid $XX,XXX. It is not really much of an upgrade.

Brad

i have rarely heard anything positive on NP:xf.grin: ebike.com sold for $75000...wonder how much it would have gone on this platform. $xxx i suppose:xf.cool: Let's see how things play out..
 
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Anjani

Established Member
Impact
321
If you had Oxid.com you might get a decent number.
Brad

Glad to note from your reply that there is no trademark issue with this name..How much it goes for is secondary:xf.smile:
 

Name Trader

formerly @stubTop Contributor
Impact
11,262
@Anjani - You said you were looking for advice but your replies are not thanking any respondents. Instead you appear to be have already registered the domain and your replies seem to be aggressively justifying your acquisition. In which case, why have you posted this thread? You should go ahead and market this domain, and reply here once it is sold. To prove everybody wrong. For me personally, I think you should be able to sell this domain to anybody without a trademark, bearing in mind what @Kate has said above.
 
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HotKey

Made in CanadaTop Contributor
Impact
10,458
And trying to justify the purchase by saying its a dictionary word? What dictionary is it you're using, "Websters-Branded-Company-Names"?

It is oxide, not oxid.
 

Anjani

Established Member
Impact
321
@Anjani - You said you were looking for advice but your replies are not thanking any respondents. Instead you appear to be have already registered the domain and your replies seem to be justifying your acquisition. In which case, why have you posted this thread? You should go ahead and market this domain, and reply here once it is sold. To prove everybody wrong. For me personally, I think you should be able to sell this domain to anybody without a trademark, bearing in mind what @Kate has said above.

Thank you, Stub! I have thanked most but just airing my thoughts as i am still not too sure about things..appreciate every point of view.
 

Anjani

Established Member
Impact
321

Name Trader

formerly @stubTop Contributor
Impact
11,262
Thank you, Stub! I have thanked most but just airing my thoughts as i am still not too sure about things..appreciate every point of view.

I can only count 1 thank you to @Kate and this 1 to me :) Every other reply appears to be an aggressive response. IMHO. It's not good enough.
 

Name Trader

formerly @stubTop Contributor
Impact
11,262

Name Trader

formerly @stubTop Contributor
Impact
11,262
Maybe not a great choice of words but will work on my English...Thank you, Stub:xf.smile:

Your English is fine. It's your politeness which needs some work :)
 

Anjani

Established Member
Impact
321

DomainVP

DomainVP.comTop Contributor
Impact
11,866

Name Trader

formerly @stubTop Contributor
Impact
11,262
Oh. I almost forgot. You can use the fact that they didn't renew their trademark against them. If they take you to court. "They were so concerned about protecting their TM that they let it lapse". But you'd probably need a lawyer to prevent them from taking you to the cleaners, if they take you to court, and you don't show up.

I don't know if the same argument has any weight if they take you to a tribunal though. I would think it might. They don't need to prove they have a registered trademark for a UDRP. However, they only have to provide evidence that they have a trademark by usage.

PS: I am not a lawyer. If you want legal advice. You should consult a lawyer.
 
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Anjani

Established Member
Impact
321
Oh. I almost forgot. You can use the fact that they didn't renew their trademark against them. If they take you to court. "They were so concerned about protecting their TM that they let it lapse". But you'd probably need a lawyer to prevent them from taking you to the cleaners, if they take you to court, and you don't show up.

I don't know if the same argument has any weight if they take you to a tribunal though. I would think it might. They don't need to prove they have a registered trademark for a UDRP. However, they only have to provide evidence that they have a trademark by usage.

PS: I am not a lawyer. If you want legal advice. You should consult a lawyer.

Thank You, Stub!

Point taken , will consult a legal team if the need arises.

I think it might never come to that as i don't own oxid.com:xf.smile:
 

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