NameSilo

How would you go about this sale? (brand confusion)

Located in Legal Discussion, started by Domainer 77, Mar 12, 2017

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  1. Domainer 77

    Domainer 77 New Member

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    I own a domain that is one letter off from a highly funded, very successful b2b banking startup. Their customers confuse their domain with ours and are sending us information that could potentially compromise their security.

    The owners have no direct contact points, but I'd like to somehow offer it to them privately so this domain doesn't get into the wrong hands, and this security issue doesn't ruin their business.

    What would you do?
     
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  2. stewmath

    stewmath Top Contributor VIP ★★★★★★★★★★

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    Isnt this squatting having a domain very similar to a big company?
     
  3. Domainer 77

    Domainer 77 New Member

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    Not if you've owned it for 15 years prior to the company launch and have been using it in good faith.
     
    Last edited: Mar 12, 2017
  4. stewmath

    stewmath Top Contributor VIP ★★★★★★★★★★

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    Fair enough :)
     
  5. comati

    comati Established Member

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    wait !!!

    no
     
  6. hamiltondomain

    hamiltondomain Established Member

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    So the company has customers, but no easy contact points?? Seems a little strange.

    If you are looking to sell the domain, they really do seem the natural buyer, but now may not be the best time to cash in.
     
  7. ikhub

    ikhub Top Contributor VIP

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    Have a whois checkup and inform them if you are kind enough. If they have privacy enabled, most privacy protect forward the emails. You can also do a little research, find out the hosting provider and request them to inform their particular client to contact you for breach of security.
     
  8. urlurl

    urlurl Top Contributor VIP ★★★★★★★★★★

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    make sure your name is not parked with any related links to their products or similar to their industry.
     
  9. frank-germany

    frank-germany domainer since 2001 / musician VIP

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    just let the emails to the domain bounce
    and have a make offer for sale page w/o ads
    and wait
    ( 20 years )
    then if somebody wants to buy the domains for "a handfull of dollars"
    wait another 20 years

    .. retire
     
    Last edited: Mar 12, 2017
  10. MapleDots

    MapleDots Top Contributor VIP

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    I had the same situation once where I had the short form of a domain and I used the [email protected] email. I simply informed the company to clarify their email address to clients.

    In your case I would do the same and because you have had the domain for such a long time odds are you will not be in any trouble. Chances are they may decide to make you an offer if they feel security is an issue.

    Being on this forum you are obviously open to a sale, I would say pursue it but be careful. Start by telling them and let them ask you about the domain, do not offer to sell it.
     
  11. Hypersot

    Hypersot Top Contributor VIP

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    Being kind is a risky business these days but I think I'll agree with @MapleDots
     
  12. MapleDots

    MapleDots Top Contributor VIP

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    Hew Stew, just a quick point

    Having a domain name 1 letter off of a real name is a great thing and makes it easier to get a trademark.

    I own savy.ca and I actually prefer it over the real savvy.

    I challenge anyone to get a trademark on the word savvy, it would be a chore and a half and the trademark would have to be very specific.

    Now if someone owned savvy.ca could they say they have a right to savy.ca ?

    I say not, in fact my name would be much easier to trademark because it is made up.

    I would not trade my savy.ca for savvy.ca
     
  13. frank-germany

    frank-germany domainer since 2001 / musician VIP

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    don't let them know
    Let their customers with bounced emails
    let them know
     
  14. namelancer

    namelancer Established Member

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    If the confidential emails arrive with a Privacy Disclaimer (e.g. ''The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful..This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system administrator...'') it is imperative you follow the instructions contained therein. Should they arrive without the disclaimer you are still strongly advised to contact their legal department to inform on the potentially security-jeopardizing leaks.
     
  15. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Nonsense.

    No one can unilaterally impose an obligation on you concerning whatever unsolicited communications they send you.

    WARNING: If you are reading this posting, then you must immediately get up from your seat and stand on your head for five minutes. By reading this post, you agree to pay me $100 if you do not stand on your head for five minutes.
     
  16. MapleDots

    MapleDots Top Contributor VIP

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    Absolutely the best advice yet (y)(y)(y)
     
  17. MapleDots

    MapleDots Top Contributor VIP

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    HeHe, funny post and good point.... however...

    Most of the emails simply ask you to delete the email and not share the information. I think if you were to share the confidential information you might be taking a liability risk. The court system is funny that way...
     
  18. namelancer

    namelancer Established Member

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    Correct, @jberryhill That is why there was no mention of or a reference to LEGAL IMPERATIVE in my reply whatsoever as per:

    There is s clear distinction between legal and ethical imperative, that my advice attempted to bring forth by urging for an action to be taken doing justice to what is known as MORAL IMPERATIVE ;)
     
  19. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    It's certainly the polite thing to do. In general, I advise people with parked domains not to activate "catch-all" email, or any email service at all, unless there is some reason they want to use the domain name for email.

    Regardless of your intentions, nobody is going to take kindly to the notion that you are receiving email which might contain sensitive information intended for someone else, no matter how you try to explain it.
     

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