Troubleful wholding.com, bank want it back, what I do?

[1-solutions]

Troubleful domain name, bank want it back, what I do?

I acquired www.aaaaa.com (someone suggest not put realname here) several days ago from www.networksolutions.com. It was website of parent company of western bank of Pueto Rico. They called me couple of times and said, it was mistake that they forgot to renew the domain. But they only offer a small amount to buy from me and warnning me better to accept it, otherwise they will take legal action to get it back. Because wholding.com is their registered trade mark or whatever. They told me if that happen, they probably will not paying anything to get it back.

Can they do that? Any idea? Thanks for advice and informaiton?

Joe

 

[Midano]

Joe.
Neither wholding nor wholding.com are US trademarks. Search USPTO for yourself:

http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=6k3rlp.1.1

Ignore the threats.

I see you're offering it for $8000. I think that's a little steep. What was their offer?

 

[Grrilla]

You also might want to post this at the Legal Issues and Disputes board, where the crack NP Legal Eagle members often hang out.

 

[Dave_Z]

Questions, Joe:

1. Have you put any content in the domain name?

2. How do you intend to use it?

For now, don't reply...yet. And you'd best take the domain name off your 1st
post.

 

[1-solutions]

where is Legal Issues and Disputes board? Could you give out the links?

 

[rb]

Here's a link to the Legal Forum of Namepros. Maybe a mod will move this thread there:
http://www.namepros.com/forumdisplay.php?f=60

 

[1-solutions]

Troubleful domain name, bank want it back, what I do?

I acquired www.aaaa.com (someone suggest not put real name here) several days ago from www.networksolutions.com. It was website of parent company of western bank of Pueto Rico(www.wbpr.com). They called me couple of times and said, it was mistake that they forgot to renew the domain. But they only offer a small amount to buy it back from me and warnning me better to accept it, otherwise they will take legal action to get it back. They said because wholding.com is their registered trade mark or whatever. They told me if that happen, they probably will not paying anything to get it back and I will lost all my investment(it gone through a private auction because of multiple backorders, I won the auction and got it).

Can they do that? Any idea? Thanks for advice and informaiton?

Joe

 

[Midano]

For now, don't reply...yet. And you'd best take the domain name off your 1st
post.

He can't "no reply" now. They CALLED him. I'm sure they've recorded the whole conversation.

 

[smadison]

Take the money they've offered and be happy you got anything out of it. You knew they'd want the domain back when you snagged it. And they have far more money for litigation than you do, so give up now.

 

[armstrong]

Joe.
Neither wholding nor wholding.com are US trademarks. Search USPTO for yourself:

Maybe its a registered trademark in Puerto Rico? If registrant is from there as well, then there would be obvious TM infringement. Also, lack of a TM registration doesn't prove anything. Actual, documented real world use could be used instead to establish prior use and TM.

 

[dgridley]

A good point many overlook...

Also, lack of a TM registration doesn't prove anything. Actual, documented real world use could be used instead to establish prior use and TM.

 

[Badger]

it will cost them $$$$ (low) + legals to get it back formerly, however a lot of large institutions feel this is money well spent for it will deter other 'cybersquatters' (and i use the term solely from their point of view) from considering similar moves.

I would say, if the name is not generic and you dont/cannot show any legitimata interest then you should seriously consider any offer from them...

And remember, if they have offered you money to sell this domain and you have entered into negotiations, this in itself can be an example of 'bad faith' on your behalf. i.e. an automatic 'lose' for you...

 

[Tippy]

I had someone call me up that also forgot to renew their, so they said , TM'ed name and threatened to sue me. I was certain that there was no trademark so I told him to go for it, sue me!

We then agreed on a price and the name was sold.

I dont suggest you do as I do, just sharing a similar experience... talk is cheap and these big guys think they can push us around with facy terms etc... but when it comes down to it, the ones I've delt with were all talk and no action, eBay was one of them... If I strongly feel I have done no wrong, I will go head to head for a name I wish to keep.

PS : I'm currious as to why you would reg names at NS? They are like the Devil of Domains lol

 

[Dave_Z]

Joe, just some personal feedback to add. If you're outside of Puerto Rico,
they'll need to retain counsel in your area (assuming you're in the US) if they
will indeed sue you in the courts.

On the other hand, it's their problem to prove you are using it in bad faith and
all. So if you're intending to use it for either non-commercial purposes or for
commercial purposes that's totally unrelated to their industry, those 2 details
can help you out.

However, Midano noted you're offering it for $8k. Since the word isn't common
that much, you might be in trouble.

Ultimately it depends on what you really intend to do with it.