.us Wii.us - Opinions?

[matt_bodis]

Not too long ago I bought Wii.us, for a good sum of money. But what I am truly waiting for is to hear from Nintendo. Therefore, I basically stopped trying to sell the domain on the forums after a few weeks that I bought it.

Why do I think Nintendo will want it? They have bought GameCube.us and GameBoy.us in the past. There are also rumors that they have bought Wii.com since the domain has been transferred to NetworkSolutions and isn't forwarding to their homepage any longer. Whois still shows old company name, therefore a deal may still be in progress or Nintendo doesn't want to publically state that they have bought the domain until maybe a few months from today.

Opinions? Top private offer so far has been $1500.

 

[theparamount]

Well... how much did they buy gamecube.us and gameboy.us for. If you can factor in that they're going to take it from you unless you sell for their price, then I'd say that you hold out and wait for them.

I wouldn't suggest contacting them as it might sound desperate in which case they can lower the price on you. I'd sell for double that private offer or just wait till nintendo comes to you.

Good luck with it, A GREAT NAME IMO!

 

[jeter4982]

Well... how much did they buy gamecube.us and gameboy.us for. If you can factor in that they're going to take it from you unless you sell for their price, then I'd say that you hold out and wait for them.

I wouldn't suggest contacting them as it might sound desperate in which case they can lower the price on you. I'd sell for double that private offer or just wait till nintendo comes to you.

Good luck with it, A GREAT NAME IMO!

I don't think they would buy it from you, they would probably just send you a C & D letter, and then maybe offer you a tiny sum of money. I would recommend taking whatever offer you have, as its not worth the legal trouble to deal with Nintendo. Just make sure you tell the buyer that there could potentially be TM problems...

Tom

 

[matt_bodis]

Tom, there are no TM problems with this domain itself. The domain was registered in 2004. Their trademark was registered April of 2006. There is nothing associated with Nintendo or the console on the domain.

I am getting sick of people always ranting about TM issues. Sell for whatever I can get? No. But thanks for your opinion.

 

[Zilla]

the comments for dig out the price they pay for gamecube.us and gameboy.us sound good idea, but I guess almost impossible mission even worth to try

anyway, very nice name I guess 1500 is faire for other domainer..and if "they" finally contact you, then 10k should be easy..actually for company like this, 10k is really too small if they want buy something...

 

[matt_bodis]

Yeah I've been countering $12k for all Sedo/Email offers that I get. If the console comes out and the name doesn't sell, I'll then sell on the forums.

 

[kemjika11]

The domain was registered in 2004. Their trademark was registered April of 2006. There is nothing associated with Nintendo or the console on the domain.

sounding like a lawyer there cfguru. very solid point. nintendo ain't got S*** on you!

if the wii turns out to be a huge success( i think it will because the gaming world recognizes the wii as kind of "the one" in these next gen consoles, and many people are gonna buy it), you will definitely get offers higher than that private offer. another good name once again.

 

[jeter4982]

Tom, there are no TM problems with this domain itself. The domain was registered in 2004. Their trademark was registered April of 2006. There is nothing associated with Nintendo or the console on the domain.

I am getting sick of people always ranting about TM issues. Sell for whatever I can get? No. But thanks for your opinion.

Yes, but as soon as you put on any content related to their console, or even video games in general, then they have a case against you. Granted a 3 letter .us domain is a nice domain, but you aren't going to get $12K just for a 3 letter .us.

 

[mikesherov]

Wii.us has no TM issues unless it is used to promote video game related products. LLL.ext names in general rarely have any issues TM inherent in the name itself, especially ones registered before the potential TM themselves.

With that in mind, I WOULD contact Nintendo. It doesn't make you seem desperate at all. I doubt they are going to directly approach for it otherwise.

Great name you got there, could fetch MID-HIGH $XXXX.

 

[CrazyTech]

I'm not a lawyer here, so take my comments with caution, but given that you've had the domain since 2004, long before the TM and you are not using it to promote related products and so forth, I don't think they have a case against you so long as you keep it that way.

$1500 is not a bad offer, I probably would have taken it personally, but I think you could get a higher number for this name. However, the buyer is going to have to tread a thin line to make money from it IMHO, so that may deter some. Others always like a challenge it seems.

 

[Rom]

Great Name! You should keep it for now untill the release.

P.S. I regged Wiis.us few weeks ago

 

[theparamount]

Like I said, I might look for the others but if not... sit tight man. .US's will only increase in value and this one may significantly if they release a quality product.

 

[matt_bodis]

Thanks for the advice, will definetely sit on this domain for a while until I receive higher offers.

 

[Badger]

There are no TM problems with this domain itself. The domain was registered in 2004. Their trademark was registered April of 2006. There is nothing associated with Nint3ndo or the console on the domain.

I am getting sick of people always ranting about TM issues. Sell for whatever I can get? No. But thanks for your opinion.

Personally, I think you are being a tad naive and will indeed struggle should Nint3ndo ever consider an action against you. After all, they have access to some pretty strong "squatteresque" quotes made here and across the boards by you that might just be considered acts of "bad faith" ... Its also parked at sedo with umpteen Nint3ndo links.. The fact that someone else regged the name pre-TM is completely irrelevant.

ICANN states "(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name"

"Wi1.us - I am selling a premium Nint3ndo Wi1 domain" - DP
Wi1.us - I am selling a premium Nint3ndo Wi1 domain - SP

If id have paid over $2k for this name, it would be a blank page or a site featuring nothing to do with games consoles... I most certainly would not be shouting the acquisition and intended use from the rooftops... Good luck in any respect...

 

[Static]

Personally, I'd sit on this domain for a while. If they've bought gamecube.us and gameboy.us, why not wii.us? It's just as good as the other two.

See how much they got those two for and I'd say just wait. Patience will definately help you in getting an awesome offer for this one.

To be honest, before the console is released, I wouldn't sell it unless it was Nintendo.

 

[matt_bodis]

ICANN states "(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration [to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name"

Please re-read that now with the bolded and super sized text. You didn't understand the passage.

 

[Badger]

Ignoring what seems to be your regular calling card of condescension, allow me to recap and hypothetically build what seems a straightforward case against you, should Nint3ndo ever choose to do so... (as ever, so as to not add fuel to your impending fire, the names are changed so as to protect the ignorant (i mean innocent))

Nexus/Neustar domain resolution policy.. Identical to ICANN, mirrors the 3 point evidentary complainant route.

(1) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights

YES.

Multiple trademarks for "Wi1" filed by Nint3ndo in or around April 2006. You buy "wi1.us" in June 2006 for a considerable sum, as reported in DNJ.

"But its an acronym and also been registered long before this particular game console was ever thought about?"

Yes.But your posts and use of the name have ensured you receive no protection from this particular acronyms' generic nature and you also fall short in the "its been registered since 2002" stakes because YOU acquired it post the filing of their mark.

(ii) you have no rights or legitimate interests in respect of the domain name

CLEARLY.

You have it parked. At Sedo. with Nint3ndo sponsored links.
You do not have any "bona fide offering of goods or services"
You (as an individual, business, or other organization) have not been commonly known by the domain name
And you are NOT making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

(iii) your domain name has been registered and is being used in bad faith.

As i mentioned in my first post, just one of the examples of bad faith in the usDRP states:

circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name

Aside from the numerous and similar posts found elsewhere on the net, your comments in this thread alone would, i believe, speak volumes in any dispute.

Not too long ago I bought Wi1.us, for a good sum of money. But what I am truly waiting for is to hear from Nint3ndo.

or...

Wii.us - I am selling a premium Nint3ndo Wi1 domain

I would seriously be interested to hear your defence to such a claim.. Seriously, i would.. I'll even go as far as to say if you can get ANY internet specialist attorney (of which this forum has a few) to agree that you would have ANY defence based on your actions thus far I will give you all my NP$

So, if in the event you do receive a C&D from Nint3ndo, you might like to also consider that (aside from losing the name) they could easily request statutory damages from you which currently is an amount between $1000 and $100,000...

Catch my drift...?

 

[Kenny]

And the Golden Shovel Award for best example of
digging your own grave goes to.......

the envelope please.....

<pause for dramatic effect>

CFGURU360 :wave:

 

[ExpireGuy]

And the Golden Shovel Award for best example of
digging your own grave goes to.......

the envelope please.....

<pause for dramatic effect>

CFGURU360 :wave:

lol

 

[robg]

badger, why can't you say NITENDO and WII?