NameSilo

Litigation for a Domain Name

Labeled as question in Legal Discussion, started by websoft20, Jun 28, 2020 at 6:06 PM

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799

  1. websoft20

    websoft20 New Member

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    Hello!

    I own .com domain that was registered in 1999, and I bought it in 2016 for 1500$.

    But I do not use till now. Today I got a treat from Germany that they have a trademark in Germany (registered in 2019, but the website is under development, job board related) and they would like to sue me. What is possible to do in such a situation?

    They also mentioned patent, do I violate any patents by owning the domain name?

    From the trademark owner in Germany:
    "
    Hmm, ok, i wanted to buy it. Too bad because your name infringe on our patent rights with the domain. We own the - ***- brand. But you use the name without our permission. I want to avoid unnecessary litigation but as I said $1500 is over the top. My offer with $500 is still available.
    "

    ---------------------------------
    Also:
    This domain stays parked.
    The previous owner from Israel built a recruitment website there in 2010-2014, it was saved in archive-org. In 2016 he listed it in GoDaddy auction, I bought it.

    Can I use this domain in future for markets other than Germany? Will probably register a TM in the US and Canada. Can archive-org be used for the proof that a domain was registered before in a good faith?
     
    Last edited: Jun 28, 2020 at 6:07 PM
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  2. Don Gondon

    Don Gondon Established Member

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    Such stupid threats should be ignored.

    but as I said $1500 is over the top.

    Did you try to sell them the name for $1500? If you want to sell, only sell for profit, sale price is supposed to be much higher than the acquisition price, whats the point otherwise? As well as any threat that happens should increase your price further, big time.
     
    Last edited: Jun 28, 2020 at 6:29 PM
  3. websoft20

    websoft20 New Member

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    Hello, Thank you answer. Yes, I agreed to sell for the same price I bought it.

    Firstly he offered 150$, disrespect for a pretty good name in my opinion.

    Then said "Sorry but it is too much and not realistic. I can offer you a maximum of $ 500.". Well, in terms of business, 1500 even for me sounds as a low price. Lawyers will cost more.

    Can I use this domain in future ? Will probably trademark in the US then.
     
    Last edited: Jun 28, 2020 at 6:47 PM
  4. johnn

    johnn WeSellName.com VIP ★★★★★★★★★★

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    Just an excuse to buy the name cheap. The trade mark letter should come from the lawyer and should not mention about buying.
    I got the same situation years a go with a Japanese company. They want me to sell to them cheap but the company was established after the name was registered.
    They said they will sue me if I don't sell to them cheap. I said "Go ahead and make my day". as it would cost them thousand of dollars to pursue litigation and the company name was formed 4 years after the name was registered. I told them they have no legs to stand at court.

    I ended up sold to them for $20,000 (I paid $20 from namepros).
     
    Last edited: Jun 28, 2020 at 7:19 PM
  5. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

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    It seems like the typical uninformed entitled person, without any valid legal claim. The fact they referred to trademark rights as "patent" tells you all you need to know.

    Additionally, even the most basic dispute would have a $1500 filing fee + lawyer fees. I would just ignore their meritless claims.

    Brad
     
    Last edited: Jun 28, 2020 at 7:09 PM
  6. websoft20

    websoft20 New Member

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    Hello, Thank you. This was registered in 1999. Can I use it for markets other than Germany? If I, for example, trademark it in the US and/or Canada.
     
  7. sircc

    sircc Established Member ★★★★★★★★★★

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    Sounds like their bluffing to me. Ask them to send legal proof of their trademark. Are you in Germany?
     
  8. johnn

    johnn WeSellName.com VIP ★★★★★★★★★★

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    Make sure the name is not parked.
    I would ignore them and stick with your asking price. Do no give out any other information except the fact the the company name is years after the name.
     
  9. websoft20

    websoft20 New Member

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    No, I live outside Germany and had no plans to use it in Germany.

    From the TM database I see that:
    Indication to the effect that the mark has acquired distinctiveness through use in trade
    false

    Indication relating to the nature or kind of mark
    Individual

    The domain is like:
    job*****.com
    Where ***** is the noun

    The trademark is
    job***** (without .com or any tld).
     
    Last edited: Jun 28, 2020 at 7:30 PM
  10. websoft20

    websoft20 New Member

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    Thank you. The original price of the domain was 4000$ (the seller bought it for this price in mid-2000 as I can understand), I was monitoring it, then the seller dropped the price for a period and I bought it.
    I was planning to use it in addition to current projects. Well, then will preserve it and utilize it, instead of selling to such buyers.

    Can I use it outside Germany or Europe? I
     
  11. johnn

    johnn WeSellName.com VIP ★★★★★★★★★★

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    I am not a lawyer so I cannot answer your questions about using the name.
    I am just saying the email to threat you to buy them cheap is B.S.
     
  12. websoft20

    websoft20 New Member

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    The lawyer answered:
    If this is an UDRP proceeding accusing you of "cybersquatting," so they can force you to turn over the domain name you're not using that incorporates their trademark

    Can they get the domain because I do not use it? It is just parked in a service like sedo.
     
    Last edited: Jun 28, 2020 at 7:50 PM
  13. websoft20

    websoft20 New Member

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    Ok, removed the domain from selling, added a website there with a logo and etc.
     
  14. websoft20

    websoft20 New Member

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    Thank you. Unparked. Added a website to the domain. Increased the price to 8000$. Waiting for the subpoena.
     
    Last edited: Jun 28, 2020 at 11:18 PM
  15. websoft20

    websoft20 New Member

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    Well, maybe will report this person to the German police, since I have the IP address and googled Name Lastname.
    I think, cyberbullying and extorting could not be tolerated in any form.
    No one has the right to extort the property... even via the Internet.
    Especially, this way, threatening and extorting.

    Is it possible to report such a person somewhere in Germany or EU?
     
    Last edited: Jun 29, 2020 at 2:20 AM
  16. Mister Funsky

    Mister Funsky Top Contributor VIP

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    I agree with the post above...do not monetize the domain. Without knowing what it is, there is no way for me/anyone to offer suggestions on pricing. If you paid 1500, I would not consider selling it for less than 4x the acquisition price (assuming it is a name that has a true wholesale value of 1500). Just park it somewhere so they, the potential buyer, can make an immediate purchase (ie: afternic) and add the 20% commission to your price. I would tell them the price goes up 100 a day (once you determine a minimum acceptable price) until it reaches your final full retail sales price of 'x' (for example: 7200 start and add 100 a day). If you choose the 100 increase per day option, make sure you follow thru on it (make the price change daily). Once it gets to your 'reasonable' full retail price, leave it there and forget about it. Make sure you have a link for 'make offer' somewhere in case another buyer comes along (or the original person wants to make another offer). Be prepared for the 'angry' original person to not have contact with you for months. If you reach out to him/her, it will look weak and desperate. The bottom line is to determine what you want, within reason, and stick to that price.
     
  17. websoft20

    websoft20 New Member

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    The name is good. Good combinations of words, sounds good.
    Well, the buyer threatens via the Undeveloped (Dan com). I think to report it to the local police office in Germany or somewhere like that in Germany.
     
  18. Mister Funsky

    Mister Funsky Top Contributor VIP

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    I certainly cant offer input on the police angle...threatening to sue is generally not an actionable event. Either someone will sue or they wont. I wouldn't waste another second on the issue until/unless you get a letter from a solicitor/lawyer. Best of luck to you.
     
  19. websoft20

    websoft20 New Member

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    Ok, will wait for litigation first.
     
  20. websoft20

    websoft20 New Member

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    I find it as an "extortion attempt". In my country it is punishable, have no idea about Germany. If he just threatened to sue, then might be ok.
    But he basically threatening to sue if I refuse to sell the domain name cheap.

    Anyway, thank you all for the answers, helped a lot.
     
  21. lovely4ever

    lovely4ever Established Member

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    It is better to consult with member @AbdulBasit.com , He has been through such cases UDRB and lawyer for domains as i read before .

    https://www.abdulbasit.com/domaining/third-consecutive-udrp-win-but-this-time-with-rdnh-finding



    .
     
    Last edited: Jun 29, 2020 at 8:10 AM
  22. AbdulBasit.com

    AbdulBasit.com DomainsWeb.com AbdulBasit.com PRO VIP ★★★★★★★★★★

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    I would first take off from parking which display ads. That adds unnecessary risk for your domain.
    With the message you shared, it looks non serious. But without knowing both the TM domain and yours, saying anything more than this isn't possible.
     
  23. websoft20

    websoft20 New Member

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    The buyer related to the production of websites for novice pornstars in Germany under 18. Created service for girls looking to start a career in this industry, where they could buy a Premium account. In return, it creates a personal website, where they could upload their videos, personal page.
     
    Last edited: Jun 30, 2020 at 2:48 PM
  24. websoft20

    websoft20 New Member

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    Thank you for answers, will update if something changes or I receive a dispute from ICANN. Very appreciate the help and responses received. Thank you once again.
     

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