domain lowes.com.mx, retailer wants to buy please help

[ricoyr]

I own the .mx domain for retailer Lowe's, their lawyers offered to buy it but I have no idea how much to ask for it, please help all comments helpful
thanks!

 

[Fka200]

sounds like a trap.


i wouldn't have reg'd this one... goodluck

 

[Broker]

Tell them its not for sale and make them offer you money.

 

[ricoyr]

thanks that is exactly what I did I asked for them to make the offer, just wanted to know how much it is worth to get an idea

 

[Broker]

I'd take whatever they come back with and be glad they dont just take it from you. Risky reg there.

 

[fonzie_007]

You are infringing on their TM. They don't have to offer you anything. They could haul you into arbitration and take the domain from you. If you make any money off of it, consider yourself lucky.

 

[ofclean]

editttt

 

[Broker]

Actually, Lowe is a dictionary word and Lowe's the company TM is Lowe's. Another company owns Lowes TM. I think he's safe if its the big Lowe's home improvement company. I wouldnt sell so cheap yet. Hmmm...........

 

[ricoyr]

Actually, Lowe is a dictionary word and Lowe's the company TM is Lowe's. Another company owns Lowes TM. I think he's safe if its the big Lowe's home improvement company. I wouldnt sell so cheap yet. Hmmm...........

You make a very good point Lowe's might be the TM but my domain is lowes, which as you mention is a dictionary word, thank you for your help

 

[fonzie_007]

You setting yourself up to get railroaded. Don't say I didn't warn you.

 

[Spade]

You setting yourself up to get railroaded. Don't say I didn't warn you.

Im wincing while I read this post....... Im so glad not to be in your position right now. Just be very very very very very careful and POLITE! I hope you come out of this alright, I dont even want to tempt the gods.

 

[Prosperous]

What Mr. spade said, and various other before him.
Not the smartest reg you could have made.

Lowe's is VERY protective of their TM's. They're not always successful, but they will sure give will give it a good shot and don't mind going to court over it, and in this case it's pretty obvious you stand no chance. 'Nuff said.

Good luck.


(And no, this is not meant as legal advice or anything, nor can/will I give you any)
(And no - "the sequel"-, I never owned a Lowe's related TM name, but believe me, I know)

 

[Broker]

I disagree, Lowe's does not own the TM for Lowes. He plays his cards right he has a chance of making quite a bit of money from them. And what would Lowe's be doing? They would be buying somebodys elses TM -Lowes- Owned by someone else. Not Lowe's the home improvement company!

I'm no pro at this by any means, just calling it the way I see it. Lowe's can not claim the rights to someone else's TM. If anything, he should be worried about the real TM holder of Lowes, whoever they are.

Am I wrong here? Please continue this as it is very interesting imo :red:

 

[fonzie_007]

I disagree, Lowe's does not own the TM for Lowes.

When is the last time (or first time) you've ever seen an apostrophe in a domain name? Never. Who owns lowes.com? Lowe's. Who has a TM on Lowe's? Case closed.

 

[Broker]

I still disagree fonzie, unless this lowes tm holder "best builders" is affiliated with Lowe's themselves, I'd bet he gets an offer.

You have way more experience in this game then myself and I totally respect your opinion and appreciate the reply. But I'm struggling with this one.

I do hope the original poster keeps us posted on the outcome.

 

[Rich_H]

If you name a price they can make the argument that you purchased the domain to profit from their business name and they may be able to take it from you and sue.

This has happened quite a few times where a large corporation has contacted a domain owner and asked for a price then, when the domain owner responded, they (the corp) sued. I haven't heard any specific cases recently, but this was common years ago when cybersquatting was widespread.

From what I saw, the courts viewed the domain owners response (with a price) as proof that the name owner had registered the name in order to profit from the corporations name (in bad faith).

If you originally registered the name because you knew that Lowe's was a large US Corp and the name may be worth something, you may have problems. You had better have a good reason for originally registering the name. Of course, if Lowe's doesn't have a presence in Mexico, you may be (somewhat) safe. But they may be able to argue that you squatted on the name, speculating that they would someday have operations there.

Have a read of: http://www.icann.org/udrp/udrp-policy-24oct99.htm

Specifically 4.b.(i)

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name;

These large companies (actually anoyone who has a trademark) have to make all possible efforts to defend their trademarks (aggressively defend) or they risk losing them, that's part of the trademark process.

First, I would come up with a real good reason for regging the name in the first place, and if they make an offer, take it and run.

Rich

 

[TheWatcher]

You setting yourself up to get railroaded. Don't say I didn't warn you.

Fair suggestion.

I second it.

 

[skatona]

What's the worst that happens? He tells them a $ amount he wants and they say they will sue? Then he just gives it up. Can he get in trouble for trying?

 

[Rich_H]

What's the worst that happens? He tells them a $ amount he wants and they say they will sue? Then he just gives it up. Can he get in trouble for trying?

They could make him an exmple of what they are prepared to do to trademark infringers. As I stated before, trademark holders are "required" to aggresively defend their mark or risk losing it. If they don't defend it now, they'll be unable to defend it in future cases.

The problem I see is the .com.mx which means that it was regged for commercial purposes, if he doesn't have a business named "lowes" or have a real good reason for regging that name, there could be problems. If he's a domain speculator, he's got real problems because they will argue that he knowingly bought the name to profit off their trademarked name.

But, if I recall correctly, they would be limited to damages of only around $100,000 USD so I guess it could be worse.

And as far as the arguments that Lowe's does not equal Lowes and that lowe is a dictionary term. Google "mikerowesoft" for a read on what that kid went through.

Rich

 

[-Adam-]

What's the worst that happens? He tells them a $ amount he wants and they say they will sue? Then he just gives it up. Can he get in trouble for trying?

Simply put, yes.