Told to give up my domain name. There business is more important..

[DomainBones]

that is what i was told. I am still new to alot of this and have all sorts of different domains and lots parked with Sedo. Received a call from a tourism business and was asked and then told to give my name up, because they are more important than me. It would just be taken away so I shoud just do it. The next day received a call wanting to confirm my information for another different domin but again dealing with tourism and they wanted to send me a fax that I never did receive.

 

[Dean]

They can only take it if they have it TMed. Find out if they do. If so then you might have no option but to give it to them. If they dont then you dont have to.

 

[Corey]

DomainBones always ask for their request to be in writing.

Cheers
Corey

 

[mis_chiff]

I hope you didn't give out any info

To be safe, if you did...change your passwords
and make sure your domains are locked.

 

[Spade]

Thats a bit bizzare. Is the domain name similar to theirs? is it a typo? Can we get a bit more information?

 

[Hurley4540]

Is there TM issues?

 

[bmugford]

To be clear, it takes several things to actually take a domain. First of all they will need to file a domain dispute, a costly process. This will cost them $1500 - $3000 just to file the dispute.

That is also no guarantee they will get they name. They have to prove three things.

1.) You are violating their TM or Name
2.) You have no legitimate rights to the domain
3.) You have used it in bad faith.

If the company really wants the domain it would be in their interest to just make an offer. Because with the cost of a dispute, and no guarantee of winning it is rarely worth it.

 

[Keral_Patel]

I don't understand why companies are always swearing and making absurd statements like this.

Next time they call tell them the facts. Tell them that if they want it they will get it the harder way. Tell them that you want them to either file a dispute and then get it in the court or you will take the shorter way and you will charge them something around $xxx or $x,xxx whatever you think your domain could fetch.

If they say they can't pay it. Then everytime they call tell them to file a dispute. Or even the better way would be to pick up the phone and cut it Pick it up and cut it, Pick it up and cut it. Pick it up and cut it :D It will give them some thoughts that everyone doesn't wants to take the sh*t from them

 

[Idees]

Keep us updated DomainBones, this is an interesting case!

 

[evertonian7uk]

indeed it is interesting, can you give us some more info on the domain they want and why they think it should be theres, stick to your guns, but dont be rude,

be firm, you want ALL requests in writing, on faxed letter heads, or they get no infomation from you.

it would be good to know the name of the company who called you and the domain they want tho, so we can give you better advice

 

[Peter]

If a company is trying to bully you into giving up a domain name keep a log of all correspondance. That is a good reason why written communication is better as it is easy evidence , without a phone log it would be hard to prove what heppened over a telephone call.

If something goes to wipo and they have been trying to bully the domain from you it can be used against them.

 

[DomainBones]

Thank you for the replies. One domain name a .com and one is TLD country code. I gave no information more than is listed on any look up site. Neither are TMed. Just good names. Piratesweek.ky is the one i was told to give up. The registrar for this cc states that the rules of the ICANN have been adopted for disputes but with country codes if I understand it correctly can have their own sub regulations. We checked and are within the rules. We need approvals from the registrar to move it to a host. So we got the approval and moved it. So its sitting as soon to come page. I like buying the domains like a hobby, my husband wants to do web sites with some and learning to do this has been a slow process. Especially design and how do you get/charge for advertising? Like for example: I have FSBOCAYMAN.COM linked to my husbands site. I just like the name, he is trying to get it set up for people here that have limited Internet access. So again a slow process. But along the way, this little project I think is starting to branch out all over the place...any advice?

 

[TheBulldog]

Both of those are generic, and I wouldn't worry about it. ( Assume you meant PiRatesWeek and not PiTateswek)

Pirates week might be a festival, but I doubt very seriously they own exclusive rights to use the term judging by the google returns.

Tell them to get bent.

 

[newms]

I assume you meant piratesweek.ky. I'm not sure about Cayman Islands regulations but Pirates Week in Cayman seems to be a national festival. http://www.piratesweekfestival.com/ The problem with ccTLD's is that you are not only subject to ICANN's rules but also to the rules of the respective ccTLD operators. As I said I don't know much about the Cayman ccTLD so maybe someone with experience with the .ky extension can help. By the way is it the Cayman government that wants the name or a private hotel? If its a private hotel then I don't see how they have much ground.

With fsbocayman.com, the only people I think that could have a claim on fsbocayman.com would be the operators of fsbo.com, if they've trademarked the terms 'fsbo' or 'for sale by owner'.

 

[DomainBones]

Thank you.....oops yes it is Piratesweek.ky and yes here it is a festival. Not government wanting it but tourist agency TAB.ky. the .ky cc can not be bought and sold....not done...not yet???? Must have legal address to register. What happens if the trade mark comes after my registration.....do i still lose it??? And can FSBO even be trademarked???? I see it all over the place??????

 

[newms]

There are several US trademarks for 'fsbo'. Check here and search for 'fsbo'.

If the company that wants the fsbocayman name has a claim on it then they should send you a cease and desist letter with their claim. Absent this then they are really just talking. In fact it could even be another domainer trying to scam you, so they must send you something in writing with their claim before you do anything. As stated above, it is expensive to file a dispute so they may be willing to buy the name from you if they have a legitimate claim. Absent their claim in writing do not give them any information about your name.


As for piratesweek.ky. i'm guessing that tab.ky is a government board, so that may make it tricky, but as I said before I really don't know too much about .ky domain rules. From the nic.ky site, it says that they use ICANN's UDRP, which simplifies things. Under UDRP, they could only get your name if they have a trademark, you have no legitimate rights to the name and that you have used the name in bad faith (such as to make money off their brand). They cannot claim the name because they feel they would have better use for the site. (Although there have been some recent ridiculous UDRP decisions). My advice to you is to put up something useful/informative on the site ASAP. Don't give the impression that you registered the name just to sell it. In any communication with TAB.ky state that you have legitimate purposes for the name. If they really want it either they will file a dispute or make an offer to you. From what I see I don't think they would have a strong case should they decide to file a dispute.

Thank you.....oops yes it is Piratesweek.ky and yes here it is a festival. Not government wanting it but tourist agency TAB.ky. the .ky cc can not be bought and sold....not done...not yet???? Must have legal address to register. What happens if the trade mark comes after my registration.....do i still lose it??? And can FSBO even be trademarked???? I see it all over the place??????

 

[DomainBones]

Thank You...I saved that spot so as to check other trademarks if needed. I did find out if i want a trademark here I must have applied for one first in the UK so it is very complicated reading and digging out the information. Also a $500.00 or more fee depending on the class of registration must be paid each year. From reading the UK requirements it seems like FSBO is just to general to be trademarked. Now US different but I am not looking for a trademark. I just want to know if I makd a bad move, but I believe your right...I need it in writing. If anyone ever calls again about any of my domains I will ask for something in writing. I thank you for your time given to this.

 

[seven]

I don't understand why companies are always swearing and making absurd statements like this.

Next time they call tell them the facts. Tell them that if they want it they will get it the harder way. Tell them that you want them to either file a dispute and then get it in the court or you will take the shorter way and you will charge them something around $xxx or $x,xxx whatever you think your domain could fetch.

If they say they can't pay it. Then everytime they call tell them to file a dispute. Or even the better way would be to pick up the phone and cut it Pick it up and cut it, Pick it up and cut it. Pick it up and cut it :D It will give them some thoughts that everyone doesn't wants to take the sh*t from them

Entertainment Opinion Only: Don't do the bolded text.

 

[flamewalker]

Never tell them to sue for a domain lol...

They will only be able to take it (aside from any other measures the cctld has in place) by filing udrp, and they have to show bad faith. If your usage doesn't infringe on their TM, if they even have one, most of the time they cannot win.

 

[labrocca]

Is the name something like expedai or a typo of a famous mark? If so...they are more important than you.