domain Is This Domain Name Worth Investing In? (legal,es)

[Ronnydeboo]

Hi there!

I'm in the process of potentially acquiring the domain legal,es for a generalist law firm here in Spain. The reason? It's got some serious type-in traffic.

I'd really appreciate your thoughts on how much you reckon a domain like this could be worth.

Thanks a bunch in advance for your help!

 

[Ronnydeboo]

I promise it will be the last appraisal I request

 

[Peter45]

I promise it will be the last appraisal I request

@Ronnydeboo
I'm not sure whether for a law firm the type-in traffic is so important but anyway, imo they must be very good lawyers if they intend to use that domain

Oficina Espanola de Patentes y Marcas

Wipo TM Database Designation Country España

 

[Ronnydeboo]

The domain will be acquired with the idea of creating a directory of lawyers. As for the possible trademark infringements you suggest, this is a domain name registered in 2005 and the word "legal" is widely used. There are similar cases (DES2012-0017) such as the case of the domain "viajar.es" in which the complaint was dismissed.

I do not consider the acquisition of this domain name being speculative or abusive: the intention is not to resell it to a trademark owner, to prevent him from using it, to disrupt his business or to create confusion with any similar online service.

It should be remembered that the purpose of the regulation is to prevent the abusive registration of trademarks as domain names in order to avoid extortion based on those registrations.

@Peter45 I hope not to be wrong because the transaction is underway.

 

[Peter45]

@Ronnydeboo, probably you are right, I'm not an expert,
just a couple of remarks, since we are here to learn

this is a domain name registered in 2005

that doesn't matter because you/they are buying it now.
In order to decide if there is TM infringement what matters is the time of the acquisition of the domain, not the time of its first registration.

the word "legal" is widely used

yes indeed, plus it's a generic/dictionary term.
I just pointed to the fact that potentially there are many companies in Spain - and even more outside... - which could have a problem with that...

I do not consider the acquisition of this domain name being speculative or abusive: the intention is not to resell it to a trademark owner, to prevent him from using it, to disrupt his business or to create confusion with any similar online service.

Just in case, let's hope the panelists see it the same way

It should be remembered that the purpose of the regulation is to prevent the abusive registration of trademarks as domain names in order to avoid extortion based on those registrations.

I agree, but more in general, the purpose of regulation is to prevent Registrants from capitalise on other companies goodwill.

There are several ways to target X's goodwill, one being what you call extortion (reaching out to them), another one creating confusion between X and the Registrant (and so possibly disrupting - even partly - X's business, highjacking traffic from X to Registrant etc.), a third one preventing X from registering that domain...

 

[tnames]

hi, I don´t see any legal problem in legal.es domain name, it is a too generic term. And I think is a very valuable domain name, I don´t know how to calculate its price more exactly but is a very good domain name for all the spanish market, remember not only Spain also all latin countries and that is a lot millions of people

 

[Peter45]

There are similar cases (DES2012-0017) such as the case of the domain "viajar.es" in which the complaint was dismissed.

Thank you for pointing me to this case Ronny!, but consider 3 things


a) this case is not similar to yours in that in it the Defendant bought the domain "viajar.es" in 2005, before the Complainant registered the TM "viajar.com" (2007) and bought "viajar.com" (2008):

Respecto a la marca VIAJAR.COM, se destaca la fecha de solicitud, septiembre del año 2007, dos años después de que el Demandado adquiriera el nombre de dominio en disputa (noviembre de 2005), así como la adquisición del nombre de dominio <viajar.com> por parte de Rumbo en el año 2008, lo que acreditaría que la Demandante no tenía derechos previos adquiridos en el momento del registro por parte del Demandado.

b) in this case the 3rd element (bad faith) is not considered at all i.e. the panelist didn't say that there was no bad faith.
The panelist avoided to judge on the 3rd element because he stated that the Defendant had a legitime interest (2nd element):

Y si es posible establecer la existencia de un interés legítimo por parte de la Demandante ... también será posible establecer la existencia de un interés por parte de la Demandada que legitime su nombre de dominio

c) this decision - imo - is really questionable, so I'm not sure it will be followed by other panelists.

First, the panelist says that he doesn't judge over the 3rd element (bad faith) but while debating the 2nd one (legitime interest) he writes:

Así ... considera el Experto que es difícil establecer la existencia de una intención malsana de apropiarse de un signo ajeno por parte de la Demandada, ya que...

Second, the main reason for dismissing this case is the Defendant buying the domain before the TM registration.
Not a single word of the panelist about it!


Third

Sin ánimo de establecer en este procedimiento el carácter genérico o no de la voz “viajar...

"Without dwelling on whether travel is generic or not..."
He's not sure about whether travel is generic or not...


Fourth, the panelist's main point about the lack of bad faith (yes! He does judge about it!) is this:

El vocablo “viajar” en el ámbito en el que los utilizan Demandante y Demandada es profusamente usado...

Así ... considera el Experto que es difícil establecer la existencia de una intención malsana de apropiarse de un signo ajeno por parte de la Demandada, ya que en su caso, debería aplicarse la misma regla también a la Demandante, cuyo nombre de dominio y marcas son posteriores a muchas otras marcas registradas y en vigor que utilizan la debatida voz.

"It's difficult to establish bad faith because if the similarity between domain and TM is proof of bad faith then - applying the same criteria - one should conclude Complainant's bad faith regarding previously existing TMs".

He is completely missing Complainant's point because Complainant didn't say "There is abuse of my TM because Registrant's domain is similar to my TM", instead Complainant brought a lot of evidence showing them as being recognised in Spain under that TM name.
That evidence was Complainant's justification for the Registrant's alleged bad faith.


In short: I really wouldn't rely on this case in order to cover yours Ronny
Good luck!

 

[Ronnydeboo]

I agree with your comments @Peter45 , and specifically that the facts of the case cannot be extrapolated to this one.

However, I would insist that the purchase of the domain name has been made as an investment, with no malicious intent or bad faith. So that depends on what use is made of it, my idea is to develop a platform for rating and reviewing Spanish-speaking legal services that is reliable and transparent for the user.

It is a domain that I will include in my portfolio in which 80% of the domain names are directly or indirectly related to the legal sector (which also includes legal.com.es). Before an hypothetical future claim, I hope these words to be an unequivocal proof of my true will

As for the valuation of the domain, like most intangible assets, it has a subjective value and depends on what a third party is willing to pay for it. I may have to ask for an official appraisal from an expert in the future, but in the meantime I would find very useful to have the opinion of the forum members.

I look forward to your comments!

 

[Ronnydeboo]

As for the valuation of the domain, like most intangible assets, it has a subjective value and depends on what a third party is willing to pay for it. I may have to ask for an official appraisal from an expert in the future, but in the meantime I would find very useful to have the opinion of the forum members.

Is there anyone who could do the valuation of this?

Many thanks in advance!

 

[Ronnydeboo]

Patience is virture.

@Jordon M. are you ok?

 

[Jordon M.]

$99 to $490 = Reseller Value Speculation (NOT an end user speculation)

 

[Ronnydeboo]

Would appreciate more opinions on the domain's value. Thanks!

 

[SixFigures.ltd]

You should reach out to some spanish law, legal firms and so on, don't just sit and wait, imo.