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..

 

[Name Trader]

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

That was just a standard overider I use when giving any kind of legal advise.

But I thought you said you owned eOxid.com? It could apply to that also.

 

[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

 

[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

 

[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.

 

[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

 

[MapleDots]

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

He is busy doing outbound

 

[jideofor]

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

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.

 

[Anjani]

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

Hey Stub! Hope you are doing Great?
Got caught up in real world issues...have been away from this part of the world

 

[Anjani]

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.

Good Luck!

Let's see how things play out

 

[Anjani]

He is busy doing outbound

Mods have been moving my thread often...it's a bit disconcerting...i need to reread the rules again

 

[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.

 

[Name Trader]

Mods have been moving my thread often...it's a bit disconcerting...i need to reread the rules again

If you go to your thread via the Alerts button in your browser. You don't need to worry how many times they change it. you probably wouldn't even notice.

 

[jideofor]

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.

Yeah, while digging, I discovered that a company out of UK used their trademark term for their payment banking start up and they were served C&D. In the report from Tech Crunch, the start up stated that two companies were filing lol... but only one was aggressively against them. When looked at the trademark files, I discovered that two companies actually owned a trademark on the word, the one I referred to in my previous post and another...

 

[Name Trader]

Yeah, while digging, I discovered that a company out of UK used their trademark term for their payment banking start up and they were served C&D. In the report from Tech Crunch, the start up stated that two companies were filing lol... but only one was aggressively against them. When looked at the trademark files, I discovered that two companies actually owned a trademark on the word, the one I referred to in my previous post and another...

Even more reason to delete it. IMHO.

 

[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!