Legal advice needed => They want to sue us ! :(

[DomainEmpire.com]

Once again this year, another company wants suing us for a 3letters DotNet we own; in order to protect our privacy, considering this domain is owned only at 50% by me, I'd prefer not mentioning it here but ... let me explain anything better:


They've a federal registration on this "xyz" string under "Paper Goods and Printed Matter" only; well, considering I'm not currently using such domain but, at the same time, I'm not trying to sell it in any way, have they 100% chances to win recurring at a court or resolution forum ?

"xyz" is not a famous string, they're the only company with an active trademark on it registered in December 2001 with "First Use" in 1920.

Your feedback is highly welcome, thanks.

[tonyk2000]

"sue us": Do you mean legal court process or UDRP process?

I remember a lot of URDP cases when complainants failed for 3 letter domains as they can have dozens of different meanings!
And you did not have complainant in mind when you regged it. So you did not have bad faith while registering it.
Although the list of what constitutes bad faith registration and use of a domain name found in paragraph 4(b) of the Policy is non-exhaustive, recent WIPO decision (IMMEDIATE Software für Marketing und Media and Uwe Czaia v. Emmediate, WIPO case DBIZ2001-00007) noted:
"While that list is non-exhaustive, one common feature of all the examples given is that at the time of registration of the domain name the Respondent had the Complainant in mind. In other words, at the time of registration of the Domain Name, the Respondent intended to extort money from the Complainants, to block the Complainants, to disrupt the Complainants' business or to mislead Internet users into believing that the Respondent's online location is in some way associated with the Complainants' online location."
As Respondent did not have the Complainant in mind at the time of registration of the domain name (as shown above), no bad faith can be found in any case.

Try to do a search on WIPO site... As far as I remember, ULTSEARCH won 3-letter cases!
Good luck!

[DomainEmpire.com]

Thanks tonyk2000, you encouraged me a lot ... I'll conduct a deep search before taking a decision, thanks.