This week a lawyer will contact me, please help me!

[nmr86]

Last week I picked up a expiring .com name with my CC

I got it for $ 60 and now I have it in my account!

Now the problem!

I mailed some guys about the name if they were interested to buy it!

Now I got a mail from one of those guys saying that a lawyer will contact me this week in order to get the .com name back!

He says their webmaster let it expire without their knowledge..

I also own the .net .org and .info for this name...

Can they do anything????

Am I losing the .com now?? and what about the .info .net .org??

I dont have any pages set up on it!

Please help, what should I do?

What can I send back?

 

[liquidcherry]

Hi,

Without knowing the name it will be difficult for people to give their comments, but don't post the real name here it could lead to problems in the long run i believe.

IMO, the webmaster never should be responsible for the name, (hey they claim it was their name so it should be in their posession) but that is a common problem in these days...and maybe they forgot themself to renew it

Also, maybe they had some beef with the webmaster and he tried to sell the domain what he registered for them and they didn't wan't to pay a lot....There are too many unknown components involved....

It is a personal written email with a statement that a lawyer will contact you, the guy tries to scare you IMO

You should also check if there is a TM on the name....

Go to archive.org and check the history of that name.......

Don't park the name and make sure it is not "standard parked" by your registrar, they monitize it themself with advertising and if they show some competitor ads you could have a problem later

That is all what i can think off now....i let it to the others for more advice, good luck

Cheers,

Frank

 

[Spade]

This is gonna be important based on what the domain is. Is this domain a TM? Is it generic? Was there anything ever built upon it? I find the thread of lawyers rather amusing but I think your first move is to relax and take a deep breathe. Then I would recommend waiting to see what they do. Once they make their movie, contact a domain attorney, see what they recommend.


Justin

 

[nmr86]

hmm I see there is no brand like that registered in the country! and it is a generic term(s)

What should I send back, or nothing?

 

[Mark]

I'd just wait and see if it is in fact a bluff -

You say the term is generic ? Was there a company site on it before ?

 

[nmr86]

No it wast not.. and archive.org is not showing any results either..

but it might was a redirect?? or do they also show up in archive?

 

[DNQuest.com]

Proceed with caution. The nature of the name is generic, but they can be TMed. IE- Windows, Cahmpion, Cheer.. all generic in nature, but are TMs. Also, you say the TM is not registered, but do they have an aurguement for a "common law". Google teh name and see what pops up. You mention "brand", is it a name of a product? If it is, and you said you contacted them, that could hurt you.

As mentioned, take a deep breath, relax and see what they say. They may offer XXX amount to get the domain back fast. But research and see who you are dealing with and research the product, if it is a name of a product. Unfortunately, if it is a product and they can establish TM rights through common law usage, then you contacting them could be viewed as cybersquatting.

 

[nmr86]

yeah,, no it is not a product... it is a term !

I know with who I am dealing with, and I also know his phone number.. but I did not mail back yet!

I don't know where I can check Trademarks in the netherlands.. does anyone know? Google is not helping either!

They own the .nl of the terms though ! is that hurting?

 

[homebuyer]

Bad Faith

So you picked up a domain for backorder fee, and then attempted to sell it back to the registrant who had let it expire?

A rose by any other name . . .

 

[DNQuest.com]

A rose by any other name . . .

Axl Rose
Rose Royce (not the car)
Pete Rose
Rose McGowan
American Rose
Rose Bowl

... can still be a TM

 

[verbster]

Don't panic. Until proven otherwise, you own the name. Don't make any rash decisions. Think things over; ask for advice. Be positive. Ya never know.

 

[acronym007]

Don't worry, I picked up a name the same way you did and this person owned the .net. He called me, we spoke, it was civil but guess who still has the domain? I do, I told him he could buy it back but he wanted it back for free and to make me a partner. My feeling on this, don't worry, relax. My guess is that you'll hear nothing and whatever you do, don't give it back for free. Cheers.

 

[Erdy]

Hello nmr86,
Don't do anything. Its your domain. They are trying to scare you off and get the name for cheap.

This is not the way they are supposed to deal with the current owner of a domain they are interested to. I find their approach unfriendly.

 

[TheBulldog]

You tried to sell it back to them?

Sounds like cybersquatting to me.

 

[DNQuest.com]

You tried to sell it back to them?

Sounds like cybersquatting to me.

Only if they are able to prove their TM. If they can, then yes, if they can't then no. Read the post above.

 

[Dave_Z]

it is a term

If the term is used in commerce (e.g. apple for computers, tide for detergent,
etc.), then it's a trademark.

See if archive.org managed to catch any website previously attached to it,
and google for "term trademark". But if the other party is going to force the
issue, then be ready to seek specialized legal advice.

And yeah, don't panic.

 

[YouVids]

You should never contact strangers for domain sales. Let them come to you. You have places like Ebay, TDNAM, other action sites.

 

[nmr86]

true, I maybe made a mistake by contacting them, but it was other whois info than the .com !

I mailed him back I await info from his lawyer and how he wants to proceed

I am not giving it back for free ! he can buy it if there is no TM

 

[Damion]

Here you go Nomar - Here is where you search for Dutch trademarks.

 

[nmr86]

Damion, I did a search there, and no results are showing up !! This is positive right ?