UDRP Question

[UltraNames.com]

Right now someone filed udrp for a name that i own.

Here are the facts,

My name is fully english. Ex: HappyBike.com (Just as example, not real name.)

Company is from spain and has a main domain name as something like this one; HappyBici.com

Happy is english and Bici is spanish for bike.

They own the name last year and forgot to renew it.

I catched it.

When i search google "happy bike", their website comes 5th. First one is happybike.ca and second one is happybike.in

When i searched term on trademark search engine there is no result. But they own the trademark in their country. Also as i understand they had a trademark on wipo.

I tried to sell this name to them and also other firms that associated with same name because i thought that it was a generic name and it wouldnt be a cybersquatting attempt.

Also after they filed udrp i stupidly threatened them by saying if they wont pay for the name i will give it to happybike.ca which is a firm in a country that speaks english so i told them they are deserving it more then they do.

Company is rich. They spend $20M on advertising per year.

Those are all i remember.

 

[alcy]

that sucks. never had one of these myself. but I feel for you.
I'd remember these things:
remember that the richest are also the cheapest out there
+ the richest have a lot of lawyer cash.

prsonally... closest I ever came to this stuff.. is a cyber lawyer email warning for one of my keyword+keyword domains.. where one of keywords is a very common english dictionary word that apparently is some sort of a bigshot financial institution in USA actual name (so something like "Ventures" bank let's say)...
I guess they can't file for your domain if its called say NiceVentures.com... but.. I presume they can send a nice official lawyer letter like this to cover their basis a bit... the lawyer told me to ensure the domain is not used for anything related to that finanancial institution.

does not look like you'll be getting a sale out of it.. so I hope you do what you gotta do not to lose money on it.

gl.

 

[Kate]

Well you gave them the ammo they needed. It doesn't matter if you had a legitimate purpose.

You know what I think ? Work out an arrangement with them. I think they can still cancel the wipo and recover half the fee. It makes sense financially and it's less aggravation for everyone.
If the wipo is terminated, then there is no ruling. It's better for you, because rulings are published on the wipo website for the whole world to see. Then your name will be permanently recorded in google along with the cybersquatter label. I wouldn't want that. It could even jeopardize your position in future dealings, and leave you open to more disputes.

PS: trying to sell them a name they dropped, either by accident or deliberately => not smart...

Disclaimer: I am not a lawyer, this is just friendly advice but not qualified legal advice.

 

[UltraNames.com]

Actually i pushed the name to a friends account who is not in domain business actively i did it before i get wipo mail. So there is also this thing the mailing that i did before push is not associated with the new owners info. So i actually kinda gifted the domain to this friend and told him that if you win you can keep it. Do you guys think that the ammo that i gave to the company is now useless for the new owner?

 

[hxp]

From the info you've provided, I don't think you're in trouble.

Have a read (specifically #4 a, b, and c): https://www.icann.org/resources/pages/policy-2012-02-25-en

You can count 4(a)(i)&(ii) out, IMO. 4(a)(iii) is where you might face issues, due to the conversation that took place between you - See: 4(b)(i).

I would take some time to consider how much I value the name, and how valuable the name is in general. If you think it's worth the effort, you can at least respond to the UDRP (See: https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en#5).

Remember, they must prove 4(a)(i), (ii), and (iii), in order to win the litigation. If, in your response, you can effectively counter those three points; you stand a chance.

 

[UltraNames.com]

From the info you've provided, I don't think you're in trouble.

Have a read (specifically #4 a, b, and c): https://www.icann.org/resources/pages/policy-2012-02-25-en

You can count 4(a)(i)&(ii) out, IMO. 4(a)(iii) is where you might face issues, due to the conversation that took place between you - See: 4(b)(i).

I would take some time to consider how much I value the name, and how valuable the name is in general. If you think it's worth the effort, you can at least respond to the UDRP (See: https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en#5).

Remember, they must prove 4(a)(i), (ii), and (iii), in order to win the litigation. If, in your response, you can effectively counter those three points; you stand a chance.

As i said that i pushed it to a friends acc, maybe the conversation wont be a proof because the convo cant be associated with the new info of ownership.

 

[hxp]

As i said that i pushed it to a friends acc, maybe the conversation wont be a proof because the convo cant be associated with the new info of ownership.

Lol. In that case, they might just have wasted a decent sum of money...

(Unethical hack?): Just say you already sold it for $xx,xxx. If they want want the name, they should take it up with the new owner. If they decide to litigate with the new owner, they should pay (at minimum) his out of pocket costs. Now at: $xx,xxx.

 

[Kate]

Actually i pushed the name to a friends account who is not in domain business actively i did it before i get wipo mail.

The panel could still find that this was a ploy, because you expected some kind of backlash. There is even a word for that: cyberflight.
Why push a name away while you're trying to sell it ? Doesn't make sense at all, and panelists won't buy it. IMHO.

 

[hxp]

The panel could still find that this was a ploy, because you expected some kind of backlash. There is even a word for that: cyberflight.
Why push a name away while you're trying to sell it ? Doesn't make sense at all, and panelists won't buy it. IMHO.

If he transferred the name before any notice/filing/talk of the UDRP, I think he's safe. It might raise questions but, legally, @serhatkotan should no longer be responsible.

 

[Kate]

I've read a lot of decisions, that's why I am not that optimistic. Just based on what the OP says, it's an easy finding of bad faith in my book. Notwithstanding the cyberflight issue, there are enough facts against him.
Maybe he should seek out legal advice, provided the name is worth fighting for. If it isn't then why fight ?

 

[DomainVP]

Right now someone filed udrp for a name that i own.

Wow, first off congrats! That means someone wants your domain bad enough to spend $1500 at minimum.

if you win you can keep it

I've got to be honest. You don't sound very serious about fighting this, nor winning this.

I tried to sell this name to them and also other firms that associated with same name because i thought that it was a generic name and it wouldnt be a cybersquatting attempt.

Not so good...

Although you are not in their jurisdiction, this leaves you at the mercy of the panelist. If you had it parked and have done nothing with the domain, I don't think you are in for a pleasant outcome.

You should have started reading TM/IP law the second you got this domain, way before you even consider doing outreach to the company to previously owned to domain.

You knew the company was still in operation and by reaching out to sell it to them without any development or use on your part, while they still have a TM in another country - I can't say any of that will weigh in your favor.

Actually i pushed the name to a friends account who is not in domain business actively i did it before i get wipo mail. So there is also this thing the mailing that i did before push is not associated with the new owners info. So i actually kinda gifted the domain to this friend and told him that if you win you can keep it. Do you guys think that the ammo that i gave to the company is now useless for the new owner?

This sounds incredibly sketchy and will only go into the favor of the complainant.

Legally, if you had good faith and then 'gifted' or sold the domain to another party, that good will extends to that party. However, since you demonstrated bad faith then that bad faith may pass onto the new owner.

What to do now?

Claim that the generic nature of the domain allows you to offer it to whomever uses a similar name, and that the complainant does not have an exclusive monopoly on the term online worldwide - use the other sites using the similar term as example.

Focus on the fact that neither the action of suggesting an offer for the domain nor the current use of the domain are done in bad faith; since it is a generic domain.

Establish an eMail address with the domain and claim it's use. It's a little too late after the UDRP is filed, but maybe the panelist will give you some leniency.

Refute every point that they make, address everything; look up some similar cases for previous procedure decisions.

Good luck.

 

[Blueforever]

Just read this from Morgan Linton http://morganlinton.com/do-the-righ...ton.com+-+Startups+++Domain+Names+++Branding)
Whether you agree or not. Personally I don't.

 

[UltraNames.com]

They also did $1000 offer and i refused it.

 

[Ritesh Chauhan]

They also did $1000 offer and i refused it.

Personally, I should have accepted their offer...in order to stay away from the case of cyber squatting..

Its 50-50 chances to win UDRP, even if you have not used domain in bad faith...

Better strategy is to get good amount, and stay away from UDRP.

Evem most of the companies initially tries to get the domain below 1500$.
But if domain owner dont give satisfactory response, then they forced to file UDRP...

 

[jamesosix]

They also did $1000 offer and i refused it.

Should have took it for a hand reg/dropcatch!

 

[UltraNames.com]

Should have took it for a hand reg/dropcatch!

What you have in your mind about dropcatch i dont know but i paid 300$ for this name. So it is not a good profit if you thonk on it.

 

[jamesosix]

What you have in your mind about dropcatch i dont know but i paid 300$ for this name. So it is not a good profit if you thonk on it.

Oh right..

Here are the facts,

They own the name last year and forgot to renew it.

I catched it.

Sounds like a drop catch to me.

Either way $700 profit still beats a lost UDRP imo.

 

[UltraNames.com]

Oh right..



Sounds like a drop catch to me.

Either way $700 profit still beats a lost UDRP imo.

I didnt say it is not a dropcatch, i said you cant put dropcatch and handreg in same basket it is meaningless. Without the information of how much i paid for this dropped domain you are telling selling it for 1000 is good. How could you know?

 

[Ritesh Chauhan]

I didnt say it is not a dropcatch, i said you cant put dropcatch and handreg in same basket it is meaningless. Without the information of how much i paid for this dropped domain you are telling selling it for 1000 is good. How could you know?

Cool bro,

There is no debate, that who is wrong and who is right..
Everyone here sharing their own opinions and views over your case...

As per my understanding, comment was intended with the meaning that its better to stay away from UDRP.
you had not not disclosed price at what you have purchased the name. so one can not judge the case...

Each person might understand the case in different way, as I also have doubt that someone could pay above 1000$ for dropcatch of two word .com domain. but its all depends upon the domain name, so I can't comment over it.

Better advices can be received form experts here, only if you disclose the purchase price for your domain...

Wishing you good luck, and hope you win UDRP.

Regards,
Ritesh

 

[bashariqbal]

He did not see UDRP coming otherwise he would have accepted that offer.

 

[UltraNames.com]

He did not see UDRP coming otherwise he would have accepted that offer.

Really thank you

 

[jamesosix]

I didnt say it is not a dropcatch, i said you cant put dropcatch and handreg in same basket it is meaningless. Without the information of how much i paid for this dropped domain you are telling selling it for 1000 is good. How could you know?

Because you was aware a company did not renew it either on purpose or by accident and tried selling it back to them.

 

[UltraNames.com]

Because you was aware a company did not renew it either on purpose or by accident and tried selling it back to them.

So if i paid 10k for the name and they offer 1k then it is good you say. Makes sense...

 

[DomainVP]

They also did $1000 offer and i refused it.

He did not see UDRP coming otherwise he would have accepted that offer.

You did the right thing not accepting the offer.

A $1k offer actually will weigh in your favor.

Complainant was willing to pay an amount that exceeded registration and renewal costs of the domain. This can be used as an example of them recognizing that you are the owner AND can be levied as a RDNH (reverse domain name hijacking) against them since they are using a UDRP as a second solution since they didn't like your price.

I hope you fight this and don't just bail.

It doesn't cost money to respond to a UDRP if you do it yourself.

 

[UltraNames.com]

You did the right thing not accepting the offer.

A $1k offer actually will weigh in your favor.

Complainant was willing to pay an amount that exceeded registration and renewal costs of the domain. This can be used as an example of them recognizing that you are the owner AND can be levied as a RDNH (reverse domain name hijacking) against them since they are using a UDRP as a second solution since they didn't like your price.

I hope you fight this and don't just bail.

It doesn't cost money to respond to a UDRP if you do it yourself.

Will fight bro but dont want to spend money... But gonna make my defence