Trademarked name question

[z2host]

OK. First, I'm stupid. That will save some posts. I wasn't thinking and registered an obviously popular company name and trademark.

I got a letter from their attorney (surprise!) I went on-line and see they have a record of successful WIPO actions.

I know I have to give them the name back although I wonder why they didn't register it in the first place - I got it in open registration. Although I guess if you just take away any names that are registered, why bother, except to save on attorney fees?

At any rate - here are my questions:

Can I get anything out of this? Would it be smart to approach the company directly and see if they will pay "transfer fees" or something rather than involve their attorney any further?

What does it cost them to go to WIPO for a decision?

If I don't do anything, what can happen?

I intend to do the right thing but I'd like to get something if I can (to cover my trauma at being contacted by their nasty attorney!)

Thanks for your help and remember, I already admitted stupidity.

 

[bensontwenty]

Here you go z2host - link to the WIPO domain arbitration service giving you all the information you need.

If it is just 1 domain and they request 1 panelist to adjudicate for them, then the cost is $1500USD. If they have three panelists, it costs $4000USD.

Good luck but stay away from trademarks in future!!!

http://arbiter.wipo.int/domains/

 

[z2host]

So if they have to file, it will cost them at least $1500. Thanks for pointing me int he right direction.

What if I do nothing? If I have no DNS selected but do not respond. Can I be sued for something beyond giving the name to them if I take no action that harms them?



One of you must have faced this or something similar before. What do you pros recommend I do with this one?

 

[jberryhill]

Can I be sued for something beyond giving the name to them if I take no action that harms them?

http://www4.law.cornell.edu/uscode/15/1117.html

(d) Statutory damages for violation of section 1125(d)(1)

In a case involving a violation of section 1125(d)(1) of this title, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just

 

[z2host]

Thanks for the response. I suspected some bad outcome was possible, considering I was clearly not going to win.

I gave them the name and learned a lesson.