Trademark Owner Wishes to "Acquire" my .org

[emgage]

Helli everyone, a bit over a year ago I believe, I was thinking of starting an online charity. I thought of a good domain name which would work perfectly and seemed brandable. I searched it and unfortunately the .com was taken. Lucky for me though, the .org was available and I snatvhed it as it seemed even better for a non profit. Out of curiosity, I checked the .com and it was a work in progress whcih seemed to basically have the same concept I had in mind, but apparently on a larger scale (obviously greater resources.) the domain itself wasnt a brand at the time, and until now I can't find it listed on http://tmsearch.uspto.gov

Today I received an email from the owner of the mydomain.dk I believe he owns the .com as well.

Hi <my name>
I am the owner of the registered trademark “[x] and the domain x.dk. I am interested in aquiring the domain: www.x.org. You are listed as the registrant of this domain.
We are a charity organization trying to raise money for those less fortunate and we are looking to expand globally. Can you help me?

Kind regards.
<sender>

My question is this: i registered this domain in good faith and for a good purpose (charity.) I believe theor intent is also good as they are a charity organization. However, I do not want to give up my name and can not find their trademark. Honestly, I don't think i' ll consider givibg it up for less than 10,000 USD, but I don't want it to seem as though I am operating in bad dfaith, which I am not. I just don't want to give up my name if i don't have to. Am i searching the wring trademark directory? Should I reply? Should I not? I would like to work with them on the project but don't know if I should get into that at the moment.

Your kind suggestions,
Regards

Edit: Also checked trademarkia and trademarks247, trademark not found

 

[passini]

Have you checked here?

https://euipo.europa.eu/eSearch/

 

[emgage]

Have you checked here?

https://euipo.europa.eu/eSearch/

Hi, thanks. Yes, I just checked there and apparently the name is a registered trademark in the EU. However, it appears the filing date is on 19/10/2015 and the TM registration date is 23/02/2016 and I've actually had the domain longer than i thought. My whois shows a domain creation date of 06/02/2014, more than a year before the TM registration was even filed. Suggestions please.

 

[namezest]

You have the better domain for a charitable purpose is my 2 cents. I don't see though how you could want 10k from a charity when a charity is supposed to be giving all it can to needy people and 10k would buy a lot of food for the poor. Maybe you could give them the domain as a tax deductible donation and have them give you a tax deduction for 10k?

 

[emgage]

Have you checked here?

https://euipo.europa.eu/eSearch/

You have the better domain for a charitable purpose is my 2 cents. I don't see though how you could want 10k from a charity when a charity is supposed to be giving all it can to needy people and 10k would buy a lot of food for the poor. Maybe you could give them the domain as a tax deductible donation and have them give you a tax deduction for 10k?

Hi, thanks for tour input. Although the 10k isnt ery charitable, the truth is i love the domain and concept, and 10k would be what would make me look away from trying to do make something out of it on my own as a charity organization. I had previously contacted them in their "under development" site asking if they needed staff/help ewith the concept as I wanted to partner in on it as I had a similar concept, but they very politely told me they weren't really looking for that. Now a year later they contact me for my .org version. What to do, what to do? I still haven't responded to the email, consodering my options. As for the tax deductible, it doesn't apply to me as there are no taxes where I currently reside.

Regards

 

[ZapNano]

Worries and concernd put them in the pause mode. Don't make things so complicated. You own the name price it as you wish. If they want to degotiate, they know how to do that.

 

[emgage]

Worries and concernd put them in the pause mode. Don't make things so complicated. You own the name price it as you wish. If they want to degotiate, they know how to do that.

Yes, but I don't want to fall into the "bad faith" trap if one exists in this case. I never bought the domain to sell it. I'm thinking bringing up an absurd figure will only make me look malicious in intent, even though I'd rather just keep the domain name and build my own charity once I have the time. It seems they have already taken large strides in their own project and it just seems an awkward position to be in.

 

[ZapNano]

Yes, but I don't want to fall into the "bad faith" trap if one exists in this case. I never bought the domain to sell it. I'm thinking bringing up an absurd figure will only make me look malicious in intent, even though I'd rather just keep the domain name and build my own charity once I have the time. It seems they have already taken large strides in their own project and it just seems an awkward position to be in.

You already know that they purchased the trademark after you bought the name. So there is no or less to worry about. They approached you, this mean did had interest on your name. Just like said, put the worries and concerns aside. And put more energy on making cash now.

 

[emgage]

Alright guys, I've managed to come up with a finalized response which I have sent back to the inquirer.

Hello [x]
Thank you for your email. While I do appreciate your inquiry and your interest in my domain name domain.org, as well as your charitable efforts with your ongoing project, I regret to inform you that the domain name is currently not for sale as I have personal plans for this domain name in the future, also in the non profit niche. If you would like to make a formal offer to acquire the domain name, however, I promise I will do what I can to take it into consideration as a token of good faith, and wish you the best of luck in your future endeavours and projects.

Kindest Regards

Let me know what you guys think. If he accepts, i keep my name. If he sends an offer, perhaps I will consider it or negotiate... Tried to be a touch more diplomatic than I normally would with domain names i.e the asking price is *insane number,* take it or leave it. :p

 

[namezest]

Why would a charity want the dot com and trademark it unless it isn't entirely charitable? They also have the cctld? That sounds more like a business than a charity really. Or am I incorrect in my thinking? Surely a charity would start with a .org and not want any other extension. You are describing a business trying to secure domains that could be competition to them. Unless they have been watching your domain and noticed you have done nothing with it, if they are legit you could be seen as obstructing their purpose. If you agree with them and want to be involved somehow, simply transfer the domain to them as act of good will.

 

[emgage]

Why would a charity want the dot com and trademark it unless it isn't entirely charitable? They also have the cctld? That sounds more like a business than a charity really. Or am I incorrect in my thinking? Surely a charity would start with a .org and not want any other extension. You are describing a business trying to secure domains that could be competition to them. Unless they have been watching your domain and noticed you have done nothing with it, if they are legit you could be seen as obstructing their purpose. If you agree with them and want to be involved somehow, simply transfer the domain to them as act of good will.

I agree. Well, my domain makes it obvious that nothing has been done with it as it points to my hosting account and all you get is an empty index page. I am always suspicious of intentions, but know my own with the domain name, and hence why the .org works perfectly for me. I wanted the .com when i thought of the name, but the .org was just as good when i found it available. Even though they claim to he a charity and seem to already have built some sort of collaboration with unicef etc, I believe even charities have some personal development prospects that I wouldn't want to miss on by giving away my domain name. I believe whether they are a charity or business oriented, they would still play it off as a charity, maybe even more if truly business oriented, and would be looking at this .org right now and thinking damn..Oh, and their .dk page lists some people involved as CEO/partner, CMO etc., another partner with pictures and all. Not sure if that's how a "to-be" charity usually starts off butthe business aspect may indeed be hidden beneath the surface.

 

[Recons.Com]

If it comes to UDRP, don't agree to one-man panel. Their have been decisions where they have completely ignored when the TM was registered/known-first and made the reverse hijack possible. It is much more difficult/costly to do that for 3 people.

Why don't you talk to the guy over the phone, explain why you bought it, tell him your minimum and tell him you need the money to find a fair alternative name for the concept.

 

[emgage]

Hmm, just found an english option on their website.
This is the tagline
"Watch for the [domain] label when you shop., then You can be a part of the... Long story short, contributing something to causes you care about through collaborations with retailers and manufacturers."

So my idea was also for people to support causes, but via online donations. It seems they want to do it via profucts, so definitely business oriented. I don't care how charitable your intentions, if products and businesses are involved, someones definitely doing it for the money. And glibalization would mean my .org if they want to be legit? Perhaps I should reconsider my original outrageousness, or perhaps I'm just getting ahead of myself...

 

[emgage]

If it comes to UDRP, don't agree to one-man panel. Their have been decisions where they have completely ignored when the TM was registered/known-first and made the reverse hijack possible. It is much more difficult/costly to do that for 3 people.

Why don't you talk to the guy over the phone, explain why you bought it, tell him your minimum and tell him you need the money to find a fair alternative name for the concept.

By too dofficult/costly, you mean for the trademark owner to pursue the case if it were a 3 person panel? Haven't been in a similar situation before so I'm not sure of the procedure, just quickly looked up some fun facts about domains registered before trademarks and what "not" to do. As for talking to the guy, it seems overboard based in the initial approach. I don't want to seem desperate or willing to sell, as I am definitely not. However, my approach was to subtly get the point across that if the offer is good, I will consoder it.

 

[ZapNano]

By too dofficult/costly, you mean for the trademark owner to pursue the case if it were a 3 person panel? Haven't been in a similar situation before so I'm not sure of the procedure, just quickly looked up some fun facts about domains registered before trademarks and what "not" to do. As for talking to the guy, it seems overboard based in the initial approach. I don't want to seem desperate or willing to sell, as I am definitely not. However, my approach was to subtly get the point across that if the offer is good, I will consoder it.

"My approach was to subtly get the point across that if the offer is good, I will considered it". That's all you have to do.

 

[korganian]

Hi, thanks for tour input. Although the 10k isnt ery charitable, the truth is i love the domain and concept, and 10k would be what would make me look away from trying to do make something out of it on my own as a charity organization. I had previously contacted them in their "under development" site asking if they needed staff/help ewith the concept as I wanted to partner in on it as I had a similar concept, but they very politely told me they weren't really looking for that. Now a year later they contact me for my .org version. What to do, what to do? I still haven't responded to the email, consodering my options. As for the tax deductible, it doesn't apply to me as there are no taxes where I currently reside.

Regards

You say there are no taxes in Saudi Arabia? WOW!!! So does oil pay for everything then?

 

[emgage]

You say there are no taxes in Saudi Arabia? WOW!!! So does oil pay for everything then?

Lol, that's how it was before. But with the worldwide crashing oil prices, thibgs are changing. Gas prices have gone up, product subsidies have decreased, and a VAT is pending/on the horizon, so expect tax, but that's a story for another thread. Now back to the domain name

 

[wwwulff]

Perhaps they are legitimate and ok, but there have been a number of cases in Denmark in recent years, where a group of people has created different kinds of "charity projects" in which it has been proven that only a very small part of the "business" went to charity, while the majority disappeared into the pockets of those who were behind.

In some of the cases they have succeeded in convincing well knowned charity organizations like the Red Cross, unicef, etc. to be allowed to use their logos by promising them a percentage of sales, as a way to get it look more legitimate.

I'm from Denmark and you are welcome to pm my the name and I will check their .dk site for you if you want.

With regard to the trademark, I think you have nothing to fear - They contacted you and your name are registered before their trademark

 

[emgage]

Perhaps they are legitimate and ok, but there have been a number of cases in Denmark in recent years, where a group of people has created different kinds of "charity projects" in which it has been proven that only a very small part of the "business" went to charity, while the majority disappeared into the pockets of those who were behind.

In some of the cases they have succeeded in convincing well knowned charity organizations like the Red Cross, unicef, etc. to be allowed to use their logos by promising them a percentage of sales, as a way to get it look more legitimate.

I'm from Denmark and you are welcome to pm my the name and I will check their .dk site for you if you want.

With regard to the trademark, I think you have nothing to fear - They contacted you and your name are registered before their trademark

Perhaps they are legitimate and ok, but there have been a number of cases in Denmark in recent years, where a group of people has created different kinds of "charity projects" in which it has been proven that only a very small part of the "business" went to charity, while the majority disappeared into the pockets of those who were behind.

In some of the cases they have succeeded in convincing well knowned charity organizations like the Red Cross, unicef, etc. to be allowed to use their logos by promising them a percentage of sales, as a way to get it look more legitimate.

I'm from Denmark and you are welcome to pm my the name and I will check their .dk site for you if you want.

With regard to the trademark, I think you have nothing to fear - They contacted you and your name are registered before their trademark

Thanks for your response. Yes, I still am suspicious a bit, especially since they're utilizing labels on profucts as the plan for the future. I hope the fact that the domain slwas registered earlier stands strong, as regardless of their intentions, I don't plan on parting with the domain without a good offer. If they do send one or wish to negotiate, I'll PM you the URL so you can look into it. Anything fishy means double

 

[hxp]

If you reg'd the name before they reg'd the TM, and you're not using the domain in a way that capitalizes on their brand/TM, you're good.

If you want to keep the name, tell them it's not for sale. If you want to sell the name, tell them your price.

You're willingness to sell does not establish bad faith. I wouldn't worry.

Good luck!

 

[wwwulff]

Thanks for your response. Yes, I still am suspicious a bit, especially since they're utilizing labels on profucts as the plan for the future. I hope the fact that the domain slwas registered earlier stands strong, as regardless of their intentions, I don't plan on parting with the domain without a good offer. If they do send one or wish to negotiate, I'll PM you the URL so you can look into it. Anything fishy means double

If you get a offer be prepared for a lowball one, like many others most Danes do not understand the value of domains

 

[emgage]

If you get a offer be prepared for a lowball one, like many others most Danes do not understand the value of domains

Haha, if that happens I'll politely decline and get to work on my long put off project :p

 

[svede]

I figured out your domain and I don't think that the <domain>.dk and <domain>.com groups are the same entities. The <domain>.com says that <domain> is a trademark of a company registered in England and has a UK whois address. The <domain>.dk is a Danish site with a Danish whois address. Also the logos are completely different. The <domain>.com appears to be more of a true nonprofit entity (still a project though so little info) whereas the <domain>.dk appears to be more busines/products oriented and fully established.

Can you confirm which entity owns the registered EU TM and which company is the one that contacted you?

Hope that helps!

 

[deez007]

You have the better domain for a charitable purpose is my 2 cents. I don't see though how you could want 10k from a charity when a charity is supposed to be giving all it can to needy people and 10k would buy a lot of food for the poor. Maybe you could give them the domain as a tax deductible donation and have them give you a tax deduction for 10k?

I think this is a good way to try and go about doing it. See if they will agree to accept the domain as a donation to the value of even $25 000 - $30 000 or more if you want. Then you claim back from Tax. (depending on the donation tax works in your country) So that way the charity scores the domain without having to pay for it and you can claim a portion back from the Taxman.

 

[ZapNano]

You don't have to prove, confirmed or provide anything; this is your domain name and you pay for it. The rest is history. ...