Need Advice

[SachinG]

Hi,

I have registered a domain about 2 years ago (2013) (etc... namehunk.gTLD) and someone has registered its trademark in 2015 does it something i should care about?


Regards

 

[ulterios]

Maybe an dumb question, but if the creation date of the domain is 2000, the trademark filed in 2005 and you buy the domain in 2014, can you still argue this domain was made before the trademark?

In terms of Trademarks, the age of the domain is not relevant so it makes no difference.

 

[DomainVP]

Well you may still have time to dispute the trademark. Check, fast.

A TM dispute costs $300 - $500 USD in the United States, and "in no case may an opposition be filed beyond 180 days" - so you have 6 months to oppose after the TM is filed in the US.

What happen in that case? They only ask you to hand over domain right?

Yes, however if you are right, and have registered this DN before any TM was filed, then fight for your rights - every victory is a victory for us all.

If it goes to UDRP, you should pay for a panel of three ($3000) because obviously they will opt for a panel of one to try to be sneaky - AND you should also append a request for a finding of RDNH.

I received 2 enquiries for this domain 1 in Jan 2015 (Via GD) & 2nd in Feb 2015 (DomHub). TM were registered in April 2015. Estibot Value is 250USD

If you gave them a price when they asked, you may have put yourself in a position of 'bad faith' with ownership strictly for profit from selling the domain.

In addition, it's a gTLD... this is probably a 'nice to have' rather than a must have... so all of this time and effort may only lead to a few hundred dollars of compensation for this aggravation.

 

[London555]

I received 2 enquiries for this domain 1 in Jan 2015 (Via GD) & 2nd in Feb 2015 (DomHub). TM were registered in April 2015. Estibot Value is 250USD

You can't dispute the trademark without "grounds" you have none due to no site-that said if they try to take the name ask for a 3 man panel and then just explain that you owned the name before the TM-if you offer the name to the company with a price they can use it against you-and if someone wants you to "stand up for your rights etc and win for everyone etc. (paraphase)" let them kick in some money for your fight-unless this is a premium name save your money. Good luck.

 

[London555]

I received 2 enquiries for this domain 1 in Jan 2015 (Via GD) & 2nd in Feb 2015 (DomHub). TM were registered in April 2015. Estibot Value is 250USD

Just saw this-if that's the case-save your money and take whatever the company gives you and move on-it's not worth the fight. Again as far as that "its a win for all" statement in the comment above-then let him pay his part if he wants a "win for everyone" not at your expense. Good luck.

 

[DomainVP]

let them kick in some money for your fight-unless this is a premium name save your money.

let him pay his part if he wants a "win for everyone" not at your expense.

Not sure why you had to throw that bitter spiteful comment in twice.

You pretty much just paraphrased the same advice I just gave, but you did so in a snarky half-hearted way.

In addition, it's a gTLD... this is probably a 'nice to have' rather than a must have... so all of this time and effort may only lead to a few hundred dollars of compensation for this aggravation.

My conclusion was the same... "all of this time and effort may only lead to a few hundred dollars of compensation for this aggravation."

 

[London555]

Aren't you all wound up pal, what's your problem? You obviously have one, because you had to throw that bitter spiteful comment in twice.

You pretty much just paraphrased the same advice I just gave, but you did so in a snarky half-hearted way.

Here's my problem with people like you telling this guy that's asking for advice (my guess is he's new) to go out and spend $300 to $3000 "for the good of all" etc on a name that he more than likely than not hand reg'd and is worth $250 tops. That's my problem. Perhaps you should split the costs with him?

 

[DomainVP]

Perhaps you should split the costs with him?

Perhaps you should read an entire statement.

Yes, however if you are right, and have registered this DN before any TM was filed, then fight for your rights - every victory is a victory for us all.

If he is in the right, and has rights, he should fight for his rights.

In addition, it's a gTLD... this is probably a 'nice to have' rather than a must have... so all of this time and effort may only lead to a few hundred dollars of compensation for this aggravation.

But please continue your senseless jibber...

 

[London555]

Perhaps you should read an entire statement, that's your problem pal.



But please continue your senseless jibber...

I would but you're obviously not worth responding to-have a nice day.

 

[DomainVP]

I would but you're obviously not worth responding to-have a nice day.

You wanted me to pay for his legal advice, then you make a big deal out of it in two posts, and now you have nothing to say when I respond.

At least you practice what you preach, maybe we should all take today to stick our head in the sand.

Good day sir.

 

[gilescoley]

Nope, that is not true. Check the UDRP and you will see.
I have lost a very nice domain this year. Same case.

You were bullied out of the domain, check the legal section here on NP's

Its all about usage and bad faith, you were obviously doing something wrong, ready my comments after that post

 

[d-e-x]

You were bullied out of the domain, check the legal section here on NP's

Its all about usage and bad faith, you were obviously doing something wrong, ready my comments after that post

I have already read your post before I quoted a first one. It is not only "about usage and bad faith".
Parked or not, with adds or not... if infringement exist you lose domain.
Every single domain which we buy for reselling purpose is already a bad faith.
Domainers are not protected by law and that is a final truth.

 

[d-e-x]

Interesting - I thought time always weighed when it came to TM. Is it that is more true for .com rather than other extensions? Also can you provide a link to your UDRP case?

There is a big difference between .com and ccTLDs, for example, you can have a .com and some ccTLD a same name and you will lose only ccTLD because that ccTLD have a local TM not global. This rules is valid for EU. My case was in local court because my domain was a ccTLD not a .com