domain Joosting.com (JOOST is a product by the creators of Kazaa and Skype)

[keesj]

Hi all..

Sometime ago I registered Joosting.com and today it was announced The Venice Project (by the creators of Kazaa and Skype) is renamed to JOOST. It's an internet TV thing (www.joost.com for more information).

Anyway, I think it's fair to say JOOST is going to be huge looking at their previous project Kazaa and Skype. So I was wondering what Joosting.com would be worth.

Keep the following stuff in mind when making an appraisal.

* I registered this almost a month before their name was announced, so hard to say I'm violating TM on purpose
* They registered a ton of domains relating to Joost (things like downloadjoost.com and a lot of typo's), which makes it harder to get a good Joost-related domain. I'm very happy with this .
* Joost is a common name in The Netherlands

I just entered the domain market and I'm very very interested to know what you guys think this is worth, and if I can expect legal issues. I think it would be a great way to kickstart my domaining business.

 

[greggish]

* I registered this almost a month before their name was announced, so hard to say I'm violating TM on purpose
* They registered a ton of domains relating to Joost (things like downloadjoost.com and a lot of typo's), which makes it harder to get a good Joost-related domain. I'm very happy with this .
* Joost is a common name in The Netherlands

I just entered the domain market and I'm very very interested to know what you guys think this is worth, and if I can expect legal issues. I think it would be a great way to kickstart my domaining business.

It's true that there is no TM violation... yet. The minute any content relating to the Joost service goes up on a site with the domain joosting.com, it will be in TM violation. It's not likely that this is going to get any spillover type-in traffic, so the domain really has no inherent value.

 

[keesj]

Lol, I now reread my post:

.. and if I can expect legal issues. I think it would be a great way to kickstart my domaining business.

:hehe:
That's not what I meant by the way :p.

Anyway, thanks for the appraisal. I guess you have a point. Anybody knows of similar situation where the site does have related content but no legal actions are taken?

 

[vslevin]

I think that your best bet would be approaching Joost and trying to sell it to them.

 

[greggish]

I think that your best bet would be approaching Joost and trying to sell it to them.

Never, ever do that. Approaching a company and offering to sell them a potentially TM violating domain is taken as proof of bad faith. I have seen so many who aren't even that new to domaining (the person who suggested it has 845 posts) make this fundamental mistake. It's bizarre really.

 

[vslevin]

Never, ever do that. Approaching a company and offering to sell them a potentially TM violating domain is taken as proof of bad faith. I have seen so many who aren't even that new to domaining (the person who suggested it has 845 posts) make this fundamental mistake. It's bizarre really.

Excuse me? I don't think that was necessary.

I am not an attorney. I don't think you are either. He has had the domain longer than Joost has had their's. He could explain that he has had the domain Joosting.com before they held their trademark, and that since they are starting a service around the name, he would like to offer it to them to help strengthen their brand. If not, he could explain that he would continue to develop the domain as he had planned, completely unrelated and unconnected to their product.

I don't believe that your original post was necessary. I haven't had much experience with many TM domains, but that is my take, correct me if you think I am wrong.

 

[greggish]

Excuse me? I don't think that was necessary.

I am not an attorney. I don't think you are either. He has had the domain longer than Joost has had their's. He could explain that he has had the domain Joosting.com before they held their trademark, and that since they are starting a service around the name, he would like to offer it to them to help strengthen their brand. If not, he could explain that he would continue to develop the domain as he had planned, completely unrelated and unconnected to their product.

I don't believe that your original post was necessary. I haven't had much experience with many TM domains, but that is my take, correct me if you think I am wrong.

David, I'm sorry if I offended you. But, my reply wasn't soley directed at you. It's just that I have seen this advice to contact and offer to sell with potential TM domains too often to count on this forum and others by folks who should know better. Given your numer of posts and length of time involved with domains (attorney or not) I think you should know better, sorry. But like I said, you have lots of company with other non-newbies in this regard. It's important not to give this bad advice, because it can really cause the person who follows it a lot of grief.

As far as that other stuff about how he can explain about the domain to Joost, that's all fine, as long as they contact him first. He, or anyone else in this situation, should never contact the TM holding party first. Good luck.

 

[keesj]

I've got a bid of low/mid $xxx (after some bidding, it's his/her final offer). What do you guys suggest? I have this domain for sale for only a couple of weeks without actively trying to sell it so I'm wondering if I should wait a bit more or not.

Any suggestions?

 

[Robert Allen]

I think i should you take it. Trademark issues lie with this domain, and you dont want a c&d. If you do, your domain will become worthless.

Just my 2cents. I think it is a decent offer.

Rob