I expect to receive C&D and possible UDRP - advice needed!! - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**tonyk2000** · 02-12-2003, 11:02 PM

I've surfed at WIPO site and found out that I may have problems with one of my names soon... Regged it in January.
Will not disclose the name due to security reasons, but the idea is:

1. It consists of two generic words - ancient name plus key industry term (like "apollon hosting" or "hotel cleopatra")
2. I was not aware of this, but US-based company trademarked
this ancient personal name exactly in this class of goods/services and use this name dot com alone for thier website
3. They won a few UDRP cases against registrars with similar names. I've found a few dozens of similar names at whois database, so they run UDRPs as routine.

This name currently shows "for sale" page with fixed price (much cheaper than UDRP process costs).
Due to nature of this name, they may actually want to have this one for real use (not just to shutdown similar addresses).

So, what is better to do now? I have no intention to develop actual website as I have nothing to do with this industry. Also, now I understand that such a website may (honestly) confuse those who are aware of that company existense.
I'll be happy to sell this name, even cheap, but I guess lawyers for the company may not be interested in purchasing it cheap,
no job for them... they may earn much more starting UDRP for their client and they will win...

I heard nothing from them yet, but I feel this will happen... They have 4 or 5 UDRP wins already so they must be tracking similar domains.

Any advice?

**pljones** · 02-13-2003, 10:19 AM

Try contacting your registrar and cancel the name and exchange it for one with less trademark problems.

Drewbert · 02-13-2003, 04:39 PM

Start using it in a non-infringing way BEFORE they contact you.

**Rocket2Uranus** · 02-13-2003, 04:45 PM

Or, why not just hand it over to them? If you give them a sob story full of all your dreams for this domain before you learned they owned the rights, they might just reward your initiative.

Even if they don't, you'll be rid of it and can sleep easier.

**tonyk2000** · 02-13-2003, 10:33 PM

I agree it is better to email them...
Yes I may want to sell the name, but I just realised this may bring
problems to my customer. It is not in my interest to bring problems to my customers, so the only source of money for the name is that big company. I will be happy if they comp registration price and maybe little more...

Who-Wiz · 02-14-2003, 11:35 AM

My advice, Read Up.

Here is a positive wording database that may help you out.
It used to be up at DomainShame.com.
http://www.domainstate.com/custom.php3?action=positive

This may well help to calm you nerves, but then again, realize that folks like the easyGroup from coming after you just because they think they have rights to everything with "easy" in front of it. "Olympics" is certainly a trademark, so don't even go there, but stuff like "Register" shouldn't have problems.

Wish you the best, man.

W|Z

**Ari Goldberger** · 02-14-2003, 03:27 PM

From what you say, it sounds like you do not have a strong case. It's hard to give advice without knowing exactly what the domain name is, but I recognize why you don't want to identify it.

02-12-2003, 11:02 PM	#1 (permalink)
tonyk2000 DNF Member Last Online: Yesterday 11:21 PM iTrader: (1) Join Date: Oct 2002 Posts: 348 DNF$: 1,487	I expect to receive C&D and possible UDRP - advice needed!! I've surfed at WIPO site and found out that I may have problems with one of my names soon... Regged it in January. Will not disclose the name due to security reasons, but the idea is: 1. It consists of two generic words - ancient name plus key industry term (like "apollon hosting" or "hotel cleopatra") 2. I was not aware of this, but US-based company trademarked this ancient personal name exactly in this class of goods/services and use this name dot com alone for thier website 3. They won a few UDRP cases against registrars with similar names. I've found a few dozens of similar names at whois database, so they run UDRPs as routine. This name currently shows "for sale" page with fixed price (much cheaper than UDRP process costs). Due to nature of this name, they may actually want to have this one for real use (not just to shutdown similar addresses). So, what is better to do now? I have no intention to develop actual website as I have nothing to do with this industry. Also, now I understand that such a website may (honestly) confuse those who are aware of that company existense. I'll be happy to sell this name, even cheap, but I guess lawyers for the company may not be interested in purchasing it cheap, no job for them... they may earn much more starting UDRP for their client and they will win... I heard nothing from them yet, but I feel this will happen... They have 4 or 5 UDRP wins already so they must be tracking similar domains. Any advice?

02-13-2003, 04:45 PM	#4 (permalink)
Rocket2Uranus DNF Addict Last Online: 10-23-2009 06:46 PM iTrader: (24) Join Date: Nov 2002 Posts: 2,150 DNF$: 2,834 Location: Grand Rapids, MI	Or, why not just hand it over to them? If you give them a sob story full of all your dreams for this domain before you learned they owned the rights, they might just reward your initiative. Even if they don't, you'll be rid of it and can sleep easier. __________________ Quick Setup for a FREE $8.95 eNom Account

02-14-2003, 03:27 PM	#7 (permalink)
Ari Goldberger Platinum Lifetime Member Last Online: 08-05-2008 02:45 PM iTrader: (0) Join Date: Oct 2002 Posts: 142 DNF$: 359 Location: New Jersey	From what you say, it sounds like you do not have a strong case. It's hard to give advice without knowing exactly what the domain name is, but I recognize why you don't want to identify it. __________________ Ari Goldberger http://ESQwire.com

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02-13-2003, 10:19 AM	#2 (permalink)
pljones Gold Lifetime Member Last Online: 02-11-2004 01:21 PM iTrader: (0) Join Date: Nov 2002 Posts: 170 DNF$: 242	Try contacting your registrar and cancel the name and exchange it for one with less trademark problems.

02-13-2003, 04:39 PM	#3 (permalink)
Drewbert Registered User - Must Upgrade To Post Last Online: 06-17-2003 09:02 PM iTrader: (0) Join Date: May 2002 Posts: 467 DNF$: 986 Location: Mexico	Start using it in a non-infringing way BEFORE they contact you.

02-13-2003, 10:33 PM	#5 (permalink)
tonyk2000 DNF Member Last Online: Yesterday 11:21 PM iTrader: (1) Join Date: Oct 2002 Posts: 348 DNF$: 1,487	I agree it is better to email them... Yes I may want to sell the name, but I just realised this may bring problems to my customer. It is not in my interest to bring problems to my customers, so the only source of money for the name is that big company. I will be happy if they comp registration price and maybe little more...

02-14-2003, 11:35 AM	#6 (permalink)
Who-Wiz Registered User - Must Upgrade To Post Last Online: 08-28-2003 05:15 AM iTrader: (0) Join Date: Aug 2002 Posts: 195 DNF$: 18 Location: Behind the Curtain	My advice, Read Up. Here is a positive wording database that may help you out. It used to be up at DomainShame.com. http://www.domainstate.com/custom.php3?action=positive This may well help to calm you nerves, but then again, realize that folks like the easyGroup from coming after you just because they think they have rights to everything with "easy" in front of it. "Olympics" is certainly a trademark, so don't even go there, but stuff like "Register" shouldn't have problems. Wish you the best, man. W\|Z

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