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.

 

[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.

 

[Silentptnr]

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

 

[Domainstore]

I had a UDRP against a domainame of mine.
I won because point III of the bad faith that they couldn't proof enough (I had removed the sponsored links, and argued -what is true- that I didn't get parkingrevenue out of it, because while before the UDRP had begun there were sponsored links, I could proof that the registrar doesn't pay ANY parkingearnings). I also could clame I didn't know the company at all. (before the UDRP began there was no contact at all between them and me). They didn't first send an email saying "hé we have a Trademark". They just simply began a UDRP.
I don't know the exact domainname of you and that makes it difficult to give advice.
You could win, because of point 1 : Is it the exact similar word or +/- the similar word ?
What you also haven't given in this thread is the EXTENTION. This is important to know. Their TM is in Spain.

The point is : A UDRP costs time. Even if you win. (or your friend wins).
BTW : Is it against your friend the UDRP has began or yourself ?

And in what stage is it ? I mean : First you get an email with the whole text of the UDRP from Switzerland in an attachment where you can read all the arguments, but that's not the actual beginning of the UDRP. It's the warning that an UDRP will begin against you, but you already get all the arguments they will use in detail. And only a week or 10 days (I don't remember exactly) later or so, you get the UDRP itself. Read the texts very good (as you want to do your own or your friends defence), before the actual UDRP-start has begon. Read that very good and consider this => 1/ Can I win this ? 2/Is this whole thing wurth it ?? (wurth your reputation I mean)
I state this last sentence because of the following ==>
It is indeed so that if you loose your name will stay published as the looser of the UDRP, and this with the argumentation that has been used is published online. If you NOW immediately call to Switserland and email them that they can have the domain for free, and state also that you, don't do this because you admit "any guilt whatsoever", but "because they had the name in the past", your name certainly won't be published, or it will be published that there has been reached anagreement . (I don't know if you can do that still once the UDRP actually has begun => this is something you have to investigate elsewhere, I don't know or call the person in Switserland that is in the email). And it may be that if you do it before the UDRP is actually sent to you officially maybe NOTHING is published at all.
Do phone with Switserland to know more about it.

For the future => When there is a trademark it is adviced that if you contact the ones with the trademark to sell it to them (or you are contacted by them as is the case because they offerred 1.000 USD), you can ask (in the phone!) an amount LOWER then 1.500 USD, because that's what they have to pay to start a UDRP.
That's why in your case I would maybe have agreed with 1.000 USD.
Now it's sadly too late to get money out from them, I guess, because of the UDRP.
Of course you can call the company and say that you accept the 1.000 USD if they don't start actually the UDRP, but not because you find you are guilty but as a courtesy because they lost their domain. (but, and that's something I don't know => Maybe they have already been obliged to pay 1.500 USD, for the work that switzerland has done already by sending you the warning and the text).
Even if they don't accept, i would choose for my reputation and withdraw your claim (in an email to Switserland).

=> In any case if you withdraw, "without that being admitting guilt" => you may loose 300 USD (the price you payed for the domain), but your REPUTATION STAYS INTACT.

Without knowing what domain it is I can't give better advice then this.

Kind regards

 

[bashariqbal]

BTW : Is it against your friend the UDRP has began or yourself

It is against his friend.

 

[Kate]

Update ?

 

[UltraNames.com]

We lost the case