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.

 

[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