opinion Lawsuit is coming! What are the possibilities?

[Heisenberg.d]

So here is a domain I own ( Bought few months back from GoDaddy AUCTION),

let's say it CompanyAv.com. (Both "company" and "AV" are keywords for reference purpose) First registered in 2000 and I'm only the second owner (from JAN'21).

Just last week I reached to a company that operates in domain 'Company.co', started in 2017, a well-funded billion-dollar AV- lets say Antivirus company, for selling the domain along with few other leads.

Today itself a company lawyer approached me saying that I have no right to own this domain since his client operates that business and my intent is bad. and they are proceeding with further steps.

"Company" is a very generic keyword also the term "AV" ( Anti Virus, Audio Visual, Automated vehical etc.. ) means a lot many things. A company that used to own that name was in -- let's say: audiovisual business,

Now my intent: obviously to earn profit from the name, but are they going to prove it ??
Since I am a legitimate owner of the name I have the right to sell the name at whatever price I want and to whomever, It's not even a trademark name, but the only thing going opposite to me is that I reached to them to sell the name first.

* The name has other leads as well which also operates in "AV" related business.

 

[branding]

I don't see how emails can be submitted as evidence in UDRP's since emails can be altered.

Are emails legally binding?
It is very unsettling for people to learn that email, that they thought is strong proof of “Who said what to whom” is easy to defeat.
Email can be by all means submitted as evidence in court in the same way as you would any other form of documentary evidence. However, the reliability of e-mail evidence will be subject to scrutiny.
For email communication, burden of proof lies with the party who wishes to employ an email record as evidence of an electronic transaction and therefore such records must be in a court-admissible format.
Printed email is definitely not admissible at court as the other side can simply challenge email’s authenticity. Nowadays you can easily change the email address, timestamp and message text so the other side can easily claim that you altered the email and printed it off.

https://www.901businessmail.com/are-emails-considered-official-legal-documents/

 

[KnifeCatcher]

monetary I suppose... but I'm no lawyer.

paying back.legal fees could be part of it for sure...and then just penalty fees..

logic dictates.

I am really curious to find out. There's a lot of virtue signaling every time a topic like this comes up but it always leaves me confused wanting to know more.

My understanding with any lawsuit, is that before it goes to court, both parties have to attempt to come to a resolution first? Wouldn't that consist of simply giving up the domain, if the defendant decides to?

Also, doesn't it cost 1.5k just to take this to the UDRP and claim the right of ownership of a domain?

And then there's the issue of actually enforcing anything outside of domain ownership.

Again, I am just curious to know.

 

[lock]

Nobody here is advertising law services but common sense prevails I have deleted many names before expiry the thing is this... You actually did message them meaning even you see the similarity and motive which is far different to someone saying your companyav means aviation rather than audio video. You're outbounding and many domainers say only way but it isn't clever if setting yourself up for trouble. Out bound gets even more complicated with law requiring sign up forms if questioned about duplicate email etc.

 

[alcy]

I am really curious to find out. There's a lot of virtue signaling every time a topic like this comes up but it always leaves me confused wanting to know more.

My understanding with any lawsuit, is that before it goes to court, both parties have to attempt to come to a resolution first? Wouldn't that consist of simply giving up the domain, if the defendant decides to?

Also, doesn't it cost 1.5k just to take this to the UDRP and claim the right of ownership of a domain?

And then there's the issue of actually enforcing anything outside of domain ownership.

Again, I am just curious to know.

i think udrp costs.money..but as I said if they win maybe they get it all back plus some other penalty money from domainer.

 

[alcy]

Nobody here is advertising law services but common sense prevails I have deleted many names before expiry the thing is this... You actually did message them meaning even you see the similarity and motive which is far different to someone saying your companyav means aviation rather than audio video. You're outbounding and many domainers say only way but it isn't clever if setting yourself up for trouble. Out bound gets even more complicated with law requiring sign up forms if questioned about duplicate email etc.

yea many swear by outbound ..many say yer not even domaining proper unless u outbound... and I'm sure many have success...but unless u cover all yer bases...assuming that's even doable..then every email u send can literally be ticking bomb..potential of lawsuit..

 

[Heisenberg.d]

Why don't you just drop the name and get it over so you can sleep at night.
If you have no chance to win then why waiting for the fight?

Berryhill is my neighbor so if anyone who wants free service from him let me know. I can invite him to my house and get him drunk.

I'm pretty skeptical that they are playing the "threatening game". Their position to prove the domain legally belongs to them isn't strong either. Otherwise they would have mailed me asking to release the domain or at least have offered me a few bucks to let it go.

I, who owns the domain can also be wealthy enough to fight and protect that name. How do they know? a

 

[alcy]

I'm pretty skeptical that they are playing the "threatening game". Their position to prove the domain legally belongs to them isn't strong either. Otherwise they would have mailed me asking to release the domain or at least have offered me a few bucks to let it go.

I, who owns the domain can also be wealthy enough to fight and protect that name. How do they know? a

well maybe they just assume a.dude emailing companies to sell names is not really all that wealthy.

but..yer right..it could be a bluff.. or not... so the question becomes do u wanna find out or not

 

[Heisenberg.d]

i think udrp costs.money..but as I said if they win maybe they get it all back plus some other penalty money from domainer.

https://www.wipo.int/amc/en/domains/guide/#a3

What decisions can the Administrative Panel take?

Only three types of decisions can be made by the Administrative Panel:

(i) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be transferred to that person or entity;

(ii) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be cancelled;

(iii) Decide in favor of the domain name registrant (i.e., deny the requested remedy). In this regard, if the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the UDRP Policy, it must specify this in its decision. Also, if after considering the submissions of the parties, the Panel finds that the Complaint was brought in bad faith, the Panel is required to declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

Can the Administrative Panel award any monetary amounts?

No. The Administrative Panel cannot award money judgments nor lawyers' costs.

 

[BradWilson]

So @Heisenberg.d I guess you really are Breaking Bad

 

[Heisenberg.d]

So @Heisenberg.d I guess you really are Breaking Bad

Yeah! and I do the finest quality domains

 

[KnifeCatcher]

https://www.wipo.int/amc/en/domains/guide/#a3

What decisions can the Administrative Panel take?

Only three types of decisions can be made by the Administrative Panel:

(i) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be transferred to that person or entity;

(ii) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be cancelled;

(iii) Decide in favor of the domain name registrant (i.e., deny the requested remedy). In this regard, if the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the UDRP Policy, it must specify this in its decision. Also, if after considering the submissions of the parties, the Panel finds that the Complaint was brought in bad faith, the Panel is required to declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

Can the Administrative Panel award any monetary amounts?

No. The Administrative Panel cannot award money judgments nor lawyers' costs.

Thank you! That’s exactly what I was looking for.

 

[alcy]

https://www.wipo.int/amc/en/domains/guide/#a3

What decisions can the Administrative Panel take?

Only three types of decisions can be made by the Administrative Panel:

(i) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be transferred to that person or entity;

(ii) Decide in favor of the person or entity that filed the Complaint and order that the disputed domain name(s) be cancelled;

(iii) Decide in favor of the domain name registrant (i.e., deny the requested remedy). In this regard, if the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the UDRP Policy, it must specify this in its decision. Also, if after considering the submissions of the parties, the Panel finds that the Complaint was brought in bad faith, the Panel is required to declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

Can the Administrative Panel award any monetary amounts?

No. The Administrative Panel cannot award money judgments nor lawyers' costs.

If I use the UDRP Administrative Procedure, can I still go to court?

Yes. Paragraph 4(k) of the UDRP Policy provides that the mandatory administrative proceeding requirement shall not prevent either the domain name registrant (Respondent) or the third party (Complainant) from submitting the dispute to a court of competent jurisdiction for independent resolution. It is possible for a party to start a lawsuit in court before an administrative proceeding is commenced. A party can also commence a lawsuit after the administrative proceeding is concluded if it is not satisfied with the outcome.

Paragraph 18 of the UDRP Rules sets out what action an Administrative Panel may take if court proceedings are initiated prior to or during an administrative proceeding

 

[comRaid]

Yeah! and I do the finest quality domains

My suggestion is Better Call Saul

 

[Jv1999]

Apple is generic
Apple Computers is specific.

Your case is something like this:

Julies.com is the company
JuliesAV.com is your domain

Julie has a TM on all things AV-related... your domain is legitimiately violating their TM because it's no longer a generic domain, it's specifiically Julies AV, which is exactly what the company has a TM right to.

 

[-AR-]

If you are worried about the legal action why don't you just move the domain into another person's account (Someone you trust) while you still can and make a blog or start a website and then list it for sale as a business related to that domain. If you are contacted again just say that you have sold the domain and cannot help. Obviously they would contact the new owner through the website and offer a deal if interested.....? This is just some quick creative thinking from my side, I may be wrong.

 

[johnn]

Change the Who Is to your wife name and let she deal with it.
She will win.

 

[alcy]

If you are worried about the legal action why don't you just move the domain into another person's account (Someone you trust) while you still can and make a blog or start a website and then list it for sale as a business related to that domain. If you are contacted again just say that you have sold the domain and cannot help. Obviously they would contact the new owner through the website and offer a deal if interested.....? This is just some quick creative thinking from my side, I may be wrong.

that would work... if they were stupid.

which i doubt

 

[alcy]

Change the Who Is to your wife name and let she deal with it.
She will win.

your wives always win

 

[89satya]

Emailing with the intention to sell a domain above cost might make a case your the company that you did not intend to use the domain under fair use principles.
I would suggest to put up an educational blog post at the domain regarding marketing Anti virus technology.
This way it is fair use.
You can say that you emailed them with the intention of selling your consultation services on marketing Anti virus technology and they misunderstood as selling the domain name only.

As a last resort lawyers are expensive and if you offer them the domain for a reasonable price they might drop the legal matter and buy the domain instead.

 

[Corey]

This site can’t be reached

heisenberg.cyou

Cheers
Corey

 

[scithe]

I would transfer the domain to the account of someone you trust: mother/father/sibling/lover/bff and you can always transfer it back next year.

In the future if you were going to outbound, I would recommend doing what I did once. I acquired an old .net (or maybe it was a .org) and I honestly didn't realize that another extension was developed. I just thought it was a cool name. I just looked it up and I see now there is a trademark filed in 2018 but there wasn't at the time I had it. So I e-mailed the owner and said "Hey, I bought this name because I thought it was cool and I guess you thought it was cool because you own the other. I don't really want to develop on this domain knowing you're already established so any chance you'd like to take it off my hands?" and I think I quoted them like $30 or something just to cover my cost of the domain and maybe a few bucks extra. Never heard back from them and I think I let the domain drop after a year.

If you had thrown up a one-page lander and then sent out something like that, you might be in a better position then you are now.

Also, not a lawyer and this is not legal advice.

 

[900Worldwide]

Just give them the domain free or drop it. This happened years ago when I registered NYPD LIVES MATTER . Info
I don’t know what I was thinking at the time.(Definitely a newbie)

Learn the game before you play or pay .

 

[900Worldwide]

If you are worried about the legal action why don't you just move the domain into another person's account (Someone you trust) while you still can and make a blog or start a website and then list it for sale as a business related to that domain. If you are contacted again just say that you have sold the domain and cannot help. Obviously they would contact the new owner through the website and offer a deal if interested.....? This is just some quick creative thinking from my side, I may be wrong.

Not a good ideal, trademarks name you can’t put a website up. You can make no money off the domain or website which brings traffic.

Selling to someone else is morally wrong which speaks about business character and definitely shows intent of bad faith.

Cut your losses an move on.

 

[redemo]

@Heisenberg.d "I pitched the same domain to 5 other companies in different industries, so if all 5 companies turned up a lawsuit who will get the domain?" I can't find the answer to this extraordinarily interesting question. That could be a thriller legal movie in and of itself.

 

[Corey]

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