Warned to turn over domain or legal action

[DomainSpring]

Hi all,

I received a phone call this morning from the CEO of a company threatening me to turn over a domain I registered, needgifts.com. He told me that if I didn't turn it over he would persue action with ICANN because I "bought the name with the sole purpose of trying to sell it to [them]" (which I didn't). He then asked who another individual was, and I had no clue who he was referring to. I had him forward me the e-mail he received, and it was another individual trying to sell him the domain (that I own) for $100 through cenion.com. The company owns needgifts.net but the name they seem to be running under is "Dr. Weaver’s World of Products". They didn't register an official trademark under "Need Gifts" or "NeedGifts". The caller ended the conversation by saying something to the effect of: "let's settle this, or we will fight over the name and you will lose". Obviously they are too cheap to pay the $100 to the person who tried to sell it to them (by mistake or maliciously), so I think he wants it for regfee. Now I do own a lot of domains, most of which I'm planning to sell, however safesys from DS listed some of the UDRP cases where speculation of generic terms has been upheld as legal (see below).

Can someone with better knowledge advise? The caller wants to hear back from me by tomorrow (and who knows what else he'll accuse me of). :o

Thanks


ezstreet.net

quote:
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6.10 Moreover, neither mere registration, nor general offers to sell, domain names which consist of generic, common, or descriptive terms can be considered acts of bad faith. Shirmax Retail Ltd./Detaillants Shirmax Ltee v. CES Marketing Group, Inc., ICANN Case No. AF-0104; Allocation Network GmbH v. Steve Gregory, ICANN Case No. D2000-0016.
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digitalcitymap.com
http://arbiter.wipo.int/domains/dec...d2000-1283.html

quote:
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Speculation within open domain namespaces is perfectly permissible within the boundaries set by the UDRP. A speculator might register perfectly innocent names with the address "Domain for Sale" to indicate that it is happy to contemplate sale of the name at some point in the future. Within the trade mark system of countries, and within the UDRP, it is permissible to sell one’s legitimate interest to a mark or name, if another party with a legitimate interest is prepared to offer a price that is acceptable.
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onu.com
http://www.disputes.org/eresolution/decisions/0672.htm

quote:
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Moreover, buying and selling domain names is not, in and of itself, evidence of bad faith, a principle now firmly entrenched in many decisions rendered made under the UDRP
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[KingDon]

If RJ says not to point, then technically you shouldn't point (if there's one person around here who knows the finer points of the law, it's RJ) but I would point it just to see what he does. I know it's best to cover all aspects of the case, but I think he's in a strong position to shove back. I honestly can't see this going to UDRP, the guy isn't willing to pay $1500 to fight for a name like that when he could buy it for less, on the chance he "might" win.

So how much are you looking to get for this name, or do you really want to keep it? I'm almost positive he threw $100 into the conversation to get a number rolling around in your head, and I'm pretty sure that's where he wants your figure to land. But I still wouldn't send him an e-mail, let him initiate all contact. Let this guy burn himself out, sooner or later he will come to his senses.

 

[DomainSpring]

Originally posted by KingDon
If RJ says not to point, then technically you shouldn't point (if there's one person around here who knows the finer points of the law, it's RJ) but I would point it just to see what he does. I know it's best to cover all aspects of the case, but I think he's in a strong position to shove back. I honestly can't see this going to UDRP, the guy isn't willing to pay $1500 to fight for a name like that when he could buy it for less, on the chance he "might" win.

So how much are you looking to get for this name, or do you really want to keep it? I'm almost positive he threw $100 into the conversation to get a number rolling around in your head, and I'm pretty sure that's where he wants your figure to land. But I still wouldn't send him an e-mail, let him initiate all contact. Let this guy burn himself out, sooner or later he will come to his senses.

I did take RJ's advice and made a little page with some affiliate links. As I stated, the $100 figure came from some 3rd party who either 1) maliciously tried to sell a domain that they don't own or 2) didn't know the reg period was up. So they offered it to this nutcase for $100 and then this nutcase calls me accusing me of trying to sell him the domain and telling me I have to turn it over or I will lose in court. :D

 

[KingDon]

There may be no third person, he could have fabricated the whole thing to break you down before negotiations. Now he wants you to prove your innocence to him, and then show him you're a good guy. I bet he would jump at the chance to pay $100 for the name. He might fuss and scream about it to keep up the appearance that he's a victim, but he would pay. I also think he will pay a lot more than $100 when the time comes, he's afraid.

 

[DomainSpring]

Originally posted by KingDon
There may be no third person, he could have fabricated the whole thing to break you down before negotiations. Now he wants you to prove your innocence to him, and then show him you're a good guy. I bet he would jump at the chance to pay $100 for the name. He might fuss and scream about it to keep up the appearance that he's a victim, but he would pay. I also think he will pay a lot more than $100 when the time comes, he's afraid.

Hi Don,

I doubt he made that part up because I asked him to forward me the email, and he did it while on the phone. Also, it has a link to this site where they are trying to sell the name:

>Are you perhaps interested in buying NEEDGIFTS.COM ?
>
>I'm selling the domain through cenion for $89.95.
>
>If you are interested signup here:
>http://www.cenion.com/transfer/e/?NEEDGIFTS.COM
>
>Jamie

I have found a similar type e-mail (posted on a website) from the same individual trying to sell another name.

Cary

 

[KingDon]

Hmmmmm, it's a shame he didn't pay the $89.95 when he had the chance. You do have yourself a real winner here with this one. It's your name fair and square, anything else is just noise. It's MHO that you let him initiate all contact, let him do all the talking and you all the listening, until he becomes more pliable. Good luck dealing with this guy and keep us posted.

 

[DomainSpring]

Thanks again Don...I'm pretty much expecting a phone call tomorrow morning, and I'll go along with your advice.

Take care,
Cary