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.

 

[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

 

[johnn]

You sound like you know exactly what you are doing so why post and ask other people opinions?

 

[UltraNames.com]

You sound like you know exactly what you are doing so why post and ask other people opinions?

I dont have any experience about udrp, thats why.

 

[jamesosix]

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

Well of course not, but you didnt pay 10k for it...

 

[Kate]

I dont have any experience about udrp, thats why.

Check out wipo.int, and read some recent domain decisions. You can also perform a free text search, or by complainant/domain name. You might even find out that the complainant has already filed in the past (and won). I have seen too many cases similar to yours, to think you are not in a good position.

I found two decisions that vaguely remind me of your case:
http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-0949
http://www.wipo.int/amc/en/domains/decisions/text/2010/d2010-0131.html

 

[UltraNames.com]

Well of course not, but you didnt pay 10k for it...

But you didnt know that.

 

[jamesosix]

But you didnt know that.

You are completely missing my point.

Did you know the domain dropped from the company? Did you then try selling said domain back to said company?

You was aware what you paid for it, and you was aware what the company offered for it, therefore you knew it was a tidy ROI.

 

[UltraNames.com]

You are completely missing my point.

Did you know the domain dropped from the company? Did you then try selling said domain back to said company?

You was aware what you paid for it, and you was aware what the company offered for it, therefore you knew it was a tidy ROI.

I still cant understand your logic you are completely missing the point. You cant say it is a good roi to sell a name for 1k without the information of how much i did pay for it.

Also i never told i knew they dropped it? You are creating story in your mind and saying me that i should have sold the name for 1k.

 

[jamesosix]

Based on the fact in your OP you said caught it, catches generally dont cost more than a hundred dollars.

So, yeah, I can say it was a decent offer based on what you pay.

Look, you do whats right for you. Im done in here, thanks.

 

[UltraNames.com]

Based on the fact in your OP you said caught it, catches generally dont cost more than a hundred dollars.

So, yeah, I can say it was a decent offer based on what you pay.

Look, you do whats right for you. Im done in here, thanks.

I dont want to argue bro, my catches are usually more expensive then you think this is why we think differen imo.

Anyway thank you for spending time here, cheers!

 

[bashariqbal]

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?

So who will be the "respondent" in this UDRP, you or your friend?

 

[UltraNames.com]

So who will be the "respondent" in this UDRP, you or your friend?

Friend

 

[james haw]

So who will be the "respondent" in this UDRP, you or your friend?

Friend

That's some friend..

 

[bashariqbal]

Friend

Let see if they will be able to use the ammo provided by the previous owner against the current owner or able to drag previous owner into it. Also they would have a strong case as they were the previous owners (just before you). I am sure you and your friend would be doing lot of reading and understanding about UDRP and past cases. If your friend is also domainer or even understands abt domaining then it would be of great help for you in preparing for the case.

Also we the fellow domainers also learned a lesson here that we should know who the previous owner was and we should go to them in the last if we are trying to sell(outbound) or rather wait for them come to us than going to them.

 

[dnbrokership]

Can't help you without knowing the name.

 

[DaveX]

Careful what you say here. It is easy to find this thread if looking and could be used against you.