question Grey Areas - Outbound Sales

[Anjani]

Let's say i own eoxid.com and i see a company by the name Oxid eSales operating with the domain name https://en.oxid-esales.com/en/home.html..

Can i approach them? will it be construed as bad faith?

i see the trademark is cancelled https://trademarks.justia.com/790/65/oxid-79065300.html

Cleary eoxid.com is an apt and easy to remember name compared to https://en.oxid-esales.com/en/home.html

Your input is welcome..

 

[Kate]

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 It's not like you have owned the name for 15 years, because you have used it for some business that is no longer active and you want to dispose of your asset.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.

 

[Name Trader]

@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.

 

[Name Trader]

Maybe not a great choice of words but will work on my English...Thank you, Stub

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

 

[Silentptnr]

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.

 

[biggie]

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...

 

[bmugford]

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

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

 

[DomainVP]

members @stub @Kate @Recons.Com @Silentptnr

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...

You didn't make the list @biggie . Your advice, though solid, is not 'top member' advice.

 

[golan]

ebike.com sold for $75000...

ebike is electric bikes, multibillion market. eoxid just doesn't make any sense. How can you even compare??

 

[MR Harrist]

You not the first if it works, i am sure everyone here will do the same!
I have com, they have net org biz and info
The owner quite rich. He heve real estate biz, i ask 3k, untill now. I got no reply from them. Just suggestion. Do nothing. If they email you then mention your price! If not move on

 

[garptrader]

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.

 

[HotKey]

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.

 

[MapleDots]

Let's say i own eoxid.com and i see a company by the name Oxid eSales operating with the domain name https://en.oxid-esales.com/en/home.html..

My business red.com now you approach me with ered.com

Your domain would have absolutely ZERO value to me and I would ignore any contact attempt.

If I owned EasyRed.com and you approached me with ered.com then you would be in business.

That said oxid is too obscure and resale value is almost nil if a similar domain holder is not interested.

 

[MapleDots]

.where's @Anjani gone? He starts the thread and then disappears.

He is busy doing outbound

 

[karmaco]

I would not contact anyone. This word has other tm

https://www.trademarkia.com/trademarks-search.aspx?tn=Oxid

Looks like they have a trademark on the 2nd page best to check TESS

 

[Name Trader]

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.

 

[Anjani]

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

Haha,,,Duly Noted..Good Day!

 

[GetBigDomains]

Am dealing with a similar issue where the abbreviation of their daily business is my domain name.
Luckily its not a top level name. As they asked for it minus reg fee and threatened a udrp.
To update its a dictionary word, associated with my name and family name and a project (additional domain) so when I showed them, they said keep it and do what I like but they will udrp me if I pursue in selling it as it is intellectual style.
I've now replied back that it wasn't registered with that intention (as proven), its a dictionary word and other people use it. Why not do a udrp on the .com or .org. And today I let them know they won't be able to do the udrp (it is not top level). I offered it at an ultra low price as they seemed to want it first thing Mon. But surely my time is worth something in addition to the reg fee. Ive retracted my low offer now.
As it was all a bit prickly and there were many others using that dictionary name.
So its a waiting game.

In the case of .com I would not. But if your offer is low enough as someone else mentioned I don't think they will take offence. They may however prefer their method. en.oxid-sales.com. Just got a weird dejavous.
At worst they can demand the domain or refund your reg.
At best you might get a small sale.

 

[namelancer]

At worst they can demand the domain or refund your reg.
At best you might get a small sale.

In short, hope for the best, but plan for the worst

 

[namelancer]

One should always treat a domain with a potential udrp issue like courtship from a woman's perspective.... you should never approach a potential buyer first with an offer of selling it to them

 

[Supercode]

Maybe you can try to sell it to another company, for better price?
Think about other possible uses of this domain and other potential buyers... maybe other company would be more interested in this name.

From my little experience with outbond offering - in most cases potential buyers does not care at all about your offered "valuable domain", "brand protection", "securing your name in .com" and other great arguments. Only if it would cost them some $300 they would think to get in just for fun and they will start with counter offer $50....

 

[MapleDots]

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.

Spot on

 

[Name Trader]

.where's @Anjani gone? He starts the thread and then disappears.

 

[equity78]

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.

THIS

 

[Name Trader]

i am in this boat right now... I picked up a domain name at Closeout few days ago after doing some researches to discover that it has different websites using the keyword with varying degree... The major word isn't English and so I had no idea what would happen next.

In my mind, i felt I could contact these website owners but later discovered that one of the keyword of my purchase has been trade marked by the major company I had in mind. Further digging revealed that the other websites using the trademarked word in their URL are AFFILIATED to be the big brand such that their (a few of them) whois records has same details as the major brand but with a different design on website, which made it hard to know they were working for same company on the surface...

However, my own domain name describes what they do in the most perfects sense in their industry...

e,g trademarked word+plus the service they offer in their industry.= my domain name.

Right now, I don't know what to do.

It looks very much like its a UDRP trademark infringement case in the waiting. To me. I'd ask GoDaddy to delete it. And chalk it up to experience. We have enough anxiety as domainers, without setting ourselves up for an UDRP case hassles, and worst still, a loss. With all it's connotations.

 

[briguy]

Personally, I would think of my online reputation..do I want to be known as the domainer who deals with potential UDRP/trademark/copyright issues domains?

For me..the future risk is never worth the reward!