NameSilo

Registered a trademark keyword (ngTLD) 3 month after they launch their service

Labeled as question in Legal Discussion, started by TheBuyerz, Apr 27, 2020

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  1. TheBuyerz

    TheBuyerz Established Member

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    Hi,

    I registered a crypto domain name from Namesilo expired auction, it is a trademark keyword ...

    The domain name registered the first time 3 month after they launch their service

    I contacted them to make deal with them but they offered a low price for it, it worth more.

    What will you do in this situation? And can this be taken as cybersquatting ? Do they have right to claim it?

    Thank you
     
    Last edited: Apr 27, 2020
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  2. bmugford

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

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    1.) You know it is a TM term.

    2.) You contacted the TM holder to see if they wanted to purchase it.

    3.) It is pretty hard to defend the above 2 actions if it came to a dispute. Really the only fallback position would be the term is generic, if it is.

    Brad
     
  3. TheBuyerz

    TheBuyerz Established Member

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    Yes it is generic ... I mean it can be spelled for another meaning.
     
  4. DomainRex

    DomainRex domainrex.com

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    Curious to know what the name is :sneaky:
     
  5. TheBuyerz

    TheBuyerz Established Member

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    sorry it is not possible at this moment, perhaps when the deal will be closed.
     
  6. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    So what? Are you using it for that other meaning? (whatever "it can be spelled for another meaning" is supposed to mean)

    I'm going to guess not, which means the only thing you've done after registering the name was to contact the trademark owner to try sell it to them. In those circumstances, it is entirely pointless to say "well, it could have some other meaning" which you aren't using it for, when it is pretty clear that you registered it and then tried to sell it to the trademark owner.

    I mean, hey, a few nights ago I got up in the middle of the night, went to another house, sneaked in and had sex in the dark with some woman who was in a bedroom there.

    Now, hey, it COULD have been my wife who had gotten up before me, gone to the same house, and gotten into that bed before I got there.

    But, typically, nobody is interested in hypothetical situations that don't have anything to do with the obvious facts.
     
  7. TheBuyerz

    TheBuyerz Established Member

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    I would have liked to scape your example, but thank you for taking time to give your view on this situation.

    My question is more like, why they made an offer for a domain that they were able to dispute ?
     
    Last edited: Apr 28, 2020
  8. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    You know, I have a hard enough time figuring out why I do half the things I do, without trying to complicate my life with answering for why other people do things.



    Bringing a dispute is not free either, so maybe they want to save money or time. Maybe it's a domain name they really don't care about a whole lot, so they don't want to spend much money on it either way. Maybe their CEO is still depressed because some guy sneaked into his house the other night and had sex with his wife. I really don't know.
     
  9. equity78

    equity78 Top Member TheDomains Staff TLDInvestors.com PRO VIP ★★★★★★★★★★

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    Reply of the year John, hope you are staying safe.
     
  10. TheBuyerz

    TheBuyerz Established Member

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    This is what I thought also.

    Thank you.
     
  11. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    How much did you offer the domain to? You already knew what you were doing with the name being TM. I dont believe they are not aware they dispute and if you are smart you would have offered the name for the legal fees only. With that said, always stay away from TM names.
     
  12. TheBuyerz

    TheBuyerz Established Member

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    What is the amount of legal fees ? I don't know much about this matter.

    Thank you !
     
  13. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    It could be upto 4000 for three member panel , that is not including the lawyer fees but initially it is jsut 1500.
     
  14. TheBuyerz

    TheBuyerz Established Member

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    So total: 5500$ if there is no complications ?

    Thanks again for this useful informations.
     
  15. bmugford

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

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    There are many companies that have in-house legal staffs and are just as likely to try to make an example out of what they feel is a squatter, than taking a practical cost based approached.

    Just something to keep in mind...

    Brad
     
  16. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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  17. TheBuyerz

    TheBuyerz Established Member

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    I appreciate your answers, really useful informations out there :)

    Will keep you updated about this case.
     
  18. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    You are welcome, just let me tell you this, looking at the names, and basically finding out the name you are talking about, I would say they can take it off from you anytime even though there is no need for them at the moment since they are holding the more important extension.
     
    Last edited: Apr 28, 2020
  19. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    @TheBuyerz You should also listen to what expert lawyer in this field @jberryhill is saying with your argument of it can be said in a different way. Also Brad, @bmugford
     
  20. TheBuyerz

    TheBuyerz Established Member

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    I do, thank you again :)
     
  21. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    I was until I started sneaking out at night.

    Be that as it may, I'd like to emphasize Brad's point above.

    If it is an in-house lawyer, or a lawyer on a regular retainer arrangement, then the cost is $1300 at ADR Forum. However, the CAC has an $800 teaser fee that they will charge if the case turns out not to have a response.

    But, that said, there are plenty of companies who take the position, and who are certainly told by their lawyers to take the position, that they aren't going to pay ONE PENNY for a domain name to which they are entitled. They would rather spend the money on dispute fees and attorneys because they believe that paying for a domain name is like feeding a pigeon.

    Have you ever fed a pigeon in a park? What happened next?

    [​IMG]
     
  22. TheBuyerz

    TheBuyerz Established Member

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    He will come back every time for more food ;)
     

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