Legal Advice Please? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Jazz** · 05-25-2004, 11:18 PM

Hello,

Last year, I was offered 200.00 for a domain name, and I turned it down.

I renewed the name this year, and the same company again has emailed me offer me the same 200.00, however, this time, they are stating that the name is trademarked by their company, the name is a very common name and has many uses, I do not wish to accept their offer, but I do not wish to get into a legal battle with this company either. The name is i c e r s dotcom. This company operates out of Canada and has the nb.ca version of the name, currently. They make non skid soles for shoes however, I believe the name to be common, in that it could also be used for snow cones, cake frosting, there was even a hockey team by that same name, so in order to prevent a legal battle, how would you respond to their offer, or is it best to just ignore them? I registered it in order to sell iced out watches, which I sell out of my retail shop, however, I have not yet developed a website for my shop. Does this company any have legal claim to the name?

Thanks for any info.

**actnow** · 05-25-2004, 11:28 PM

I am a little bit confused. Since, "i c e r s" dot com goes to afternic with a min. price of
$ 100 and a asking price of $ 500.

**MediaHound** · 05-25-2004, 11:41 PM

If this thread gets hot, keep some shade on the ice and make it a point not to spell out the name in question.

Be careful out there!

**nicpal** · 05-26-2004, 09:11 AM

Quote:

Originally Posted by MediaHound

If this thread gets hot, keep some shade on the ice and make it a point not to spell out the name in question.

Be careful out there!

From what I have read over the past about trademarking after someone else owns the domain is that they are SOL. If it's a pretty good domain and a smart hold, then play ball. Tell them the domain is for sale for $750 and send them to the link where the file a dispute if they don't like the price. I have had this happen at least 15 or 16 times to me and in all cases the other party complied. They will weigh whether they should pay $1200 plus attorney's fees to file a dispute they may not win or pay your price. Of course, I'm sure that this can backfire on you somehow, but it hasn't happened to me yet. Good luck and weigh your options by feeling them out, obviously there is no sense of urgency if they waited a year to see if the domain would expire.

**MediaHound** · 05-26-2004, 09:57 AM

Quote:

Originally Posted by nicpal

Tell them the domain is for sale for $750 and send them to the link where the file a dispute if they don't like the price. ... They will weigh whether they should pay $1200 plus attorney's fees to file a dispute they may not win or pay your price.

Now, while not legal advice, that's definately good advice nonetheless.

**jberryhill** · 05-26-2004, 10:52 PM

"From what I have read over the past about trademarking after someone else owns the domain"

...which are not the facts here...