Looking for advice/input

[TestCase]

Looking for a little input.

Regged a few "made up" domains a year or so ago, each one being a very brandable (at least in my opinion) "one word" name for a particular type of product niche. They were to be used for various products that have not made it to the final stage of production and distribution. If you were to do a search for these words, the only place they come up are for these domains.

Yesterday I received an inquiry about one of the domains from a major company in a niche where this particular domain name could definitely be used as a name in or for a major product line.

I am considering selling it but am concerned that since I never used it for more than just a parking page for the particular product niche it was intended for, that this company could conceivably (or may have already) TM the name and try to force it from me if the asking price is too high.

Would appreciate any thoughts or input -- ESPECIALLY from those that actually have legal training (hint, hint :hehe: ).

Thanks in advance to all that contribute!
TC

 

[verbster]

Was the inquiry asking to buy the domain, or a first step in a negotiation? If so, maybe you are worrying for no reason.

 

[-NC-]

this company could conceivably (or may have already) TM the name... ...any thoughts or input -- ESPECIALLY from those that actually have legal training (hint, hint :hehe: )

okay, i'm not labrocca or dnquest, but surely your first port of call should be to check uspto and wipo? and if your price is well below the udrp fee, then it wouldn't make financial sense for them to try and take the name from you?

 

[TestCase]

...your first port of call should be to check uspto and wipo...

Been there, done that. The particular word does not appear in either at the moment. But this doesn't necessarily mean they aren't planning to.

Was the inquiry asking to buy the domain

Yes, but they did not quote an offer price.

I created and regged the dn because I thought it conveyed a very targeted meaning/concept for a specific product niche. Think along the lines of the name "Coke" as it relates the soft drink market -- OK, I might be reaching a bit on this one but I believe the DN has serious potential as a product brand name (again, the reason I regged it in the first place).

 

[labrocca]

If this is a multi million or even billion dollar company than you might be able to negotiate a rather tidy sum. Often big sales like yours goes unreported since the company doesn't want it's competitors (or typo squatters) to know what they are doing. Only you know the name and the company to access what value you think it's worth to you..and what it's worth to them and try to begin negotiations. Try not to tip your hand yet with an offer. If possible get them to make an offer first.

Depending on how they worded their inquiry you should respond. My guess is your reply should be something like this.

"Thank you for your inquiry about my domain. I have owned this domain since xx-xx-xxxx. I have considered my options for it's use but I cannot disclose information about that at this time. However I am willing to consider any offers you are willing to place on the table. I cannot guarantee I will sell but if your offer is generous enough I may decide to part with it. This email in no way represents a desire to sell to you it only reflects a willingness to consider any offer you make.

Thank you."

I think something similar to that should be good.

Others feel free to use it if need be too.

 

[TestCase]

THANKS Labrocca! Nice response example.

TC

 

[jberryhill]

first port of call should be to check uspto and wipo?

No. First check Google. If you want to know if someone is using a mark, Google is a much better way of finding that out.

 

[TestCase]

Have checked Google. The search only results in my domain (it's parked with ads for products that fall within the niche it targets) and sites that reference/link to my domain.

With that said, should I consider myself secure in my "ownership rights"/"right to use" of this made up name?

Thanks for your input Mr Berryhill!

 

[BinderGang]

Search for a TM. If there is none or it was TMed after you registered the name, you are fine in continuing without any worries of losing the names.