TM issue ... need help

[Media.info]

I have a domain (confidential) and couple days ago I received a letter from well-known company that has its branches around the entire world stating that my domain has a TM issue and I should hand it over to them at my own cost.

What should I do?

I had very nice experience with Business-Week.info lately, but this time I hope I don't wet my pants because this time it's huge ... it is about REUTERS !

 

[ritziyap]

Here's my opinion..

If the name is not popular in your country, why give it to them? simply say that you've never heard of the "name" before.. but since you mentioned Reuters... OMG! Big trouble.. Better give it to them..

Picture this: a tribe warrior in africe decides to register walmart.com and since there's no 'walmart' in africa, you can't prosecute the man by copyright and trademark issues..

that's all..

 

[HHDomains]

Unfortunately, "opinions" and reality don't always co-exist. My opinion is that I should be allowed to drink and drive.
Unfortunately the courts disagree, so I don't drink and drive.

 

[gazzip]

ditto here... you're screwing around with the wrong people... also for future reference if you retain anonimity on the domain do so on the friggin TM-contestand too.... all it takes is a google search to find this thread and use in court to sue you for a few million $ damages + charge you as premeditated TM-squatting

Well said - Give it up - breath in - breath out - move on !

 

[Media.info]

Quick update on this one:

Wanted to ask for $850 but then decided that $600 will be enough, so I went ahead and asked. In couple hours received a letter with final offer of $500, and successfuly started an escrow transaction.

Why is everyone scared to ask for money?

Did any of you guys get sued by a big company just for registering domain that has a TM issue?

What is the point of giving up a domain for free ?

 

[singx]

MANY Congrats!!!!

Great News pal!
Wish you all the Best!

So atleast we should try, otherwise we are already at a loss

 

[timmaay]

Drop it or sell it to some sucker ><.

wow

 

[Badger]

absolutely... Sell it, why not...

First approach of all companies is the scare tactic and only very few will adopt the "lets make an example of this guy" approach...

Good luck to ya...

 

[gazzip]

Cool - hope it goes well and congrats for having BIG balls

 

[HHDomains]

BIG balls maybe. To bad big ethics are not also on the list.

 

[fonzie_007]

Big Balls is not the term I would use... I would call it a "calculated dumb@$$ move" that could have ended up costing you 20 times more than you were asking. Nonetheless, it worked out for you and you are $500 richer. However, next time you may not be so lucky...

 

[Badger]

bah, dont listen to them, you played a business move that paid off....

Ethics and / or bad move not withstanding, if any of the wise guys giving you abuse over this knew their wipo's from their wipe-ohs theyd understand that business is a win / win situation. The best any TM holder could possibly gain from an action against you (in a udrp/wipo arbritration) would be the name less $$$$ in fees...

Unless you played a foolish hand, the name would be the only thing you lost whereas, add up the time, the legals and the fees for the TM holder and this would probably equate to at least $5k minimum... So $500 to make you go away is a win win...

And im speaking here of a TM holder who has done likewise.

At stage 1 in the "youve got my name, you die" negotiations, a simple "ill go away for a small sum" counteroffer is morally wrong but more commonplace than "ahhhh, heres the name dont kill me" rebuff... If, on the other hand, you got intimations that the TM holder was poised to make an example of you through the damages civil court route then the rebuff mentioned earlier is still an option...

 

[HHDomains]

Yes, you are right. Always brush off the people who are concerned about ethics.
Who cares about ethics and doing what is right when you can turn a sleazy buck right?

 

[Keynes]

In this case, there is a real legal/financial risk -- I'm glad it worked out, but this particular outcome shouldn't be viewed as the norm. Best, rf

 

[Badger]

Yes, you are right. Always brush off the people who are concerned about ethics.
Who cares about ethics and doing what is right when you can turn a sleazy buck right?

no, missed the point AGAIN....

All im saying is holding high morals is one thing when viewing the events from afar or for your own personal reputations sake in a discussion forum, its another to be faced with situation and be personally involved...

Im not making any personal comments regarding my own personal ethical standpoint, im simply speaking in realistic terms ...

As a business owner when faced with the realities of cybersquatting here are your choices:

1. report a criminal act
2. file a complaint with root registries appointed arbritrator
3. pay the guy

Now as someone who has faced this same said situation from the other side of the fence let me tell you - as a small business - option 3 is the only choice. And most professional choice at that...

1. You can try and get him charged criminally though this doesnt help you and the person might be on the other side of the world.
2. You can file a WIPO, UDRP, NOMINET (be it what you want) claim to recover the name, minimum cost (incl legals) $5k
3. You can pay the kid his $500 its all over in a flash and you move on.. Despite your personal feelings, its the most professional approach.

yes there have been instances where large organisations fed up with countless cyber squatters will and have made examples out of cybersquatters but for 99% of the businesses out there, they pay up and walk away... Thousands of these cases happen everyday..

I dont dismiss everyones viewpoints HH, i just offer an alternative and try to put a balanced view on things especially when the other opinions expressed dont seem to have a clue about the real world and are simply acts of flammatory ..