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domain Skype.fm

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zuriko

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apprise pls : Skype.fm
thanks!
 
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about 2000$ for your lawyer to settle this in court?
 
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You have dropped a Nuclear Bomb on Ameri.ca expect them to Nuclear+Atom Strike you back.
I say get rid of it asap.
 
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TM:td:
 
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zuriko said:
apprise pls : Skype.fm
thanks!

Stay tuned to hear the attorney's voice in Skype.FM! :lol:
 
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Yea. SEll it and sell it FAST before you get the TM letter from EBAY.
 
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buohcom said:
Yea. SEll it and sell it FAST before you get the TM letter from EBAY.
If you're aware of your domain infringing on an existing TM, selling it is a very unwise choice. Yes, you may have "gotten rid" of it, but that doesn't get you out of the hot water as the new owner can come back at you once eBay/Skype is done with him.
My suggestion would be to contact eBay and ask whether they'd like to have the domain. If they offer you money in exchange - great - you just got lucky. If they don't have any interest in the domain, get it in writing! However, even then, their existing TM prevails. Last but not least, if they accept the domain without paying you anything, you still got lucky as the bill that you'd be looking at for court costs, attorney fees, etc. would definitely outweigh the benefits.
Value = $0 or potential financial disaster for you. Only if you're lucky you may see a few bucks for it.
I imagine that you'd rather hear something else, but that's the way i see it. For total clearance, post the domain in the legal section and ask for opinions from DNQuest, Labrocca and ultimately JBerryhill.

IB
 
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pretty much what they all said, intelbank.com giving the best suggestions, contact them first and see if they're interested.
 
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Had a similar thing with a Nintendo name, they paid me $2000 for it 3 months ago- so, make your choice.

It happens sometimes if the price is around the cost of legal fees. But do not go to them!

Good luck :hi:
 
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IntelBank.com said:
If you're aware of your domain infringing on an existing TM, selling it is a very unwise choice. Yes, you may have "gotten rid" of it, but that doesn't get you out of the hot water as the new owner can come back at you once eBay/Skype is done with him.
My suggestion would be to contact eBay and ask whether they'd like to have the domain. If they offer you money in exchange - great - you just got lucky. If they don't have any interest in the domain, get it in writing! However, even then, their existing TM prevails. Last but not least, if they accept the domain without paying you anything, you still got lucky as the bill that you'd be looking at for court costs, attorney fees, etc. would definitely outweigh the benefits.
Value = $0 or potential financial disaster for you. Only if you're lucky you may see a few bucks for it.
I imagine that you'd rather hear something else, but that's the way i see it. For total clearance, post the domain in the legal section and ask for opinions from DNQuest, Labrocca and ultimately JBerryhill.

IB


Sorry, it is the most risky option to try. This activity is called Cybersquatting.

Cybersquatting is a derogatory term used to describe the practice of registering and claiming rights over Internet domain names which are, arguably, not for the taking. The cybersquatter then offers the domain to the rightful owner at an inflated price, an act which some deem to be extortion.

Source: Wikipedia

Read about the Anti-Cybersquatting Law

Although giving the domain back to the TM owner (for free) is the good choice, remember still they can able to sue you for the registration of the domain name. So my advice is to leave the domain name intact and let it to expire. Don't put anything on the website.

All the best!
 
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I really hate to quote myself here but
intelbank.com said:
My suggestion would be to contact eBay and ask whether they'd like to have the domain. If they offer you money in exchange - great - you just got lucky. If they don't have any interest in the domain, get it in writing! However, even then, their existing TM prevails. Last but not least, if they accept the domain without paying you anything, you still got lucky as the bill that you'd be looking at for court costs, attorney fees, etc. would definitely outweigh the benefits.
In short, when i say: ...and ask whether they'd like to have the domain, i mean to offer them the domain for FREE, quasi as a statement saying: Oops, i screwed up, but i'm willing to make good by handing you the domain and completely withdraw any association from this domain. IF! eBay decided to "reward" him for this action - he got lucky. I specifically stated HAND IT OVER, which also constitutes NOT to aim for a profit, inflate the price - as there is no $$$ value attached to handing it over. IF not, at least he's cleared from squatting as he (assumption) hasn't profited from the domain and is willing to hand the domain over WITHOUT any expectations. If that's still considered squatting, he better be enlisting JBerryhill right now....

Even if he lets the domain just sit there, he's still listed in the Who-Is record. May this record be private or not, eBay's attorneys will get to it if they want to bad enough. I'd consider this equally risky...

IB
 
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IntelBank.com said:
Even if he lets the domain just sit there, he's still listed in the Who-Is record. May this record be private or not, eBay's attorneys will get to it if they want to bad enough. I'd consider this equally risky...

IB

Holding a domain name (which is generic) is not an offense, using that name in bad faith is considered offense. In this case, the term "skype" is not a generic word, and you can't able to claim it as a generic registration.

I agree with Mike. Simply holding a non-generic TM domain name is also potentially risky. So I suggest you to drop the name and get a refund if possible.

On the other hand, if you have a domain name for example buy.cc or something like that, even the name buy.com is TMed, you don't have to worry about that, because the term buy is generic. You'll not get any attorney notices from buy.com unless you use the name buy.cc in bad faith, which potentially affects the business of buy.com.
 
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What about PartyPOKER.pro?

del.icio.us said:
Holding a domain name (which is generic) is not an offense, using that name in bad faith is considered offense. In this case, the term "skype" is not a generic word, and you can't able to claim it as a generic registration.

I agree with Mike. Simply holding a non-generic TM domain name is also potentially risky. So I suggest you to drop the name and get a refund if possible.

On the other hand, if you have a domain name for example buy.cc or something like that, even the name buy.com is TMed, you don't have to worry about that, because the term buy is generic. You'll not get any attorney notices from buy.com unless you use the name buy.cc in bad faith, which potentially affects the business of buy.com.

Thanks to all for good advice!!!!!

What about PartyPOKER.pro?????
 
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to tell you the truth, I don't really see anybody breathing down your neck anytime soon.

Come on people. This name is a complete breach of TM, BUT it is in an extension very very people even know of. If he were holding Skype.net or .org, then a court case might be coming very soon.

In this case, yes it is a TM infrigement and it does constitute cybersquatting, but alteast don't scare the guy out of his life. The probability of a court case happening here is very very slim (isn't it slim in most cases anyways?). Its a .fm. How much do you think he would profit from it by parking it?
 
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sashas said:
to tell you the truth, I don't really see anybody breathing down your neck anytime soon.

Come on people. This name is a complete breach of TM, BUT it is in an extension very very people even know of. If he were holding Skype.net or .org, then a court case might be coming very soon.

In this case, yes it is a TM infrigement and it does constitute cybersquatting, but alteast don't scare the guy out of his life. The probability of a court case happening here is very very slim (isn't it slim in most cases anyways?). Its a .fm. How much do you think he would profit from it by parking it?


The point is that, if the domain is not a threat for him now, it will be later. Another thing is, the appraisal part, there is little he can do with the domain, and its just a time bomb, set to explode when the TM owners come knocking. Better to hand it over and save renewal costs and face, than sit on it without any profits waiting for an infingement lawsuit.
 
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