trademark More details: Large US insurance firm contact me about my domain

[Mahouni]

Accidentally moved.
Thread starts on post below.

Sorry.

NP Staff

 

[maxipoint]

Ok, here is more details, connected with old tread below.

the domain in a case is paystatefarm . com

They have exact trademark "PayStateFarm" about insurance, but my domain is about Farm Management Software.

I was have nothing in the domain when they send me an email before 3 days. I was work on site now, and web pages will be done in next 24 hours. I am just upload first part of webpages today.

I am read on Quora, that you easily lose UDRP if you don't have any content. But if you have content that NOT matches their Trademark you have some chance not to lose UDRP because is harder shutdown business from someone instead just 'idle' domain.

"They contacted me first and say that will file UDRP within next 7 days. And they ask that I give them domain transfer code that I don't have the cost of UDRP etc."

Sure, I am interesting sell domain to them, but for me is hard to go in that "sale position" actually.

I was talking with two lawyers; both say that I will 99% lose UDRP

I still not answer them. I don't wish to ignore as I at the end of try sell. IF I can...

Have you any more advice now?

 

[karmaco]

Give them the domain and don’t buy trademarked names. If the name wasn’t so obvious an infringement the best way to keep it safe is to not have it listed for sale or developed anywhere and no ads. In your case no one is going to buy your farm management services reason.

If you tell them English is not your main language and you meant it for something else entirely and give them the authorization code all will be well. If this was a different scenario I would ask for some fee for your loss but this is a huge company most are aware of.

 

[stewmath]

When was their PayStateFarm trademark setup? And whats the first reg date of the domain? If the domain was regged before they took out the trademark then id argue the case that the domain was created first before their trademark even existed.

 

[karmaco]

When was their PayStateFarm trademark setup? And whats the first reg date of the domain? If the domain was regged before they took out the trademark then id argue the case that the domain was created first before their trademark even existed.

That does not matter State Farm is a long established trademark and brand and there is no other State Farm. Don’t give him false hope or look for a loophole. His suggested usage has zero to do with the trademarked name he registered nor is it believable from their perspective . He needs to give the name to StateFarm end of story. They will get it from him one way or the other.

 

[Kate]

Telling the OP to ignore letters from attorneys is not good advice.
And we don't even know the domain name in question - the TM issues could be obvious (or not so obvious). But ignoring problems is seldom a good thing.

 

[Kate]

the domain in a case is paystatefarm . com

They have exact trademark "PayStateFarm" about insurance, but my domain is about Farm Management Software.

There is one thing I don't understand: why did you add the keyword pay in the domain name. I understand that StateFarm.com must be taken, but I don't see how the extra keyword is relevant to your activity. On the other hand it can create confusion so I can understand they don't like it.

 

[dordomai]

i think it is clear what to do. Your domain is not developed you do not lose anything giving it up.

if you think you can make money in this situation you do not understand domaining.

 

[stewmath]

I see the domain was only regged in november. Id delete it and get a partial refund then. Your still within the grace period i think

 

[wwwweb]

Setup a new account, and push the domain into it, and then just email them the passwords, and be done with this. This is a no win situation.

 

[jberryhill]

my domain is about Farm Management Software.

I realize people on this forum come from all over the world, and so one can't assume that everyone is familiar with things that might be common knowledge elsewhere, but given that "State Farm" is one of the largest and most immediately recognizable insurance companies in the US, it is a bit difficult to believe that someone would come up with "pay state farm" as a name for farm management software, simply by a remarkable coincidence.

But if you have content that NOT matches their Trademark you have some chance not to lose UDRP...

The people that decide UDRP disputes are not complete idiots. Putting up "content" and making a credible explanation that the domain name was registered for a legitimate purpose can be two different things.

For example, there is another thread here involving the well-known banking company KBC Group. Putting up a picture of cows and saying that you are going to build some kind of business involved in Kentucky Bluegrass is not going to pass anyone's bullshit detector, absent concrete evidence of having some sort of credible and provable interest in that business.

Personally, I find it difficult to believe that someone registered "pay state farm" for farm management software, since it makes about zero sense. Given that the name is undeveloped and registered a few weeks ago, then in the unlikely event you have an actual interest in selling farm management software, you are at a great point in time to choose another name.

I was talking with two lawyers; both say that I will 99% lose UDRP

....but instead, you want to get advice from random people on an internet forum. Makes sense.