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Old 10-28-2002, 07:20 PM   #21 (permalink)
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Quote:
Originally posted by DomainNameFactory
They can get it if they want, don't ever doubt that.

You might not have heard from them because they started the process of grabbing the domain.

This exact scenario just happened on a .info and the country won.
Exactly. Lawyers will spend 10 to get 5 in a heartbeat. Bye bye domain...

In the future, NEVER offer to sell after receiving a threat. A novice's mistake.
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Old 10-28-2002, 11:21 PM   #22 (permalink)
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I don't agree that asking for a nominal sum to cover time and expenses to date is an error. I have even had lawyers accept this, knowing that it was in the best interest of their client.
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Old 10-29-2002, 01:20 PM   #23 (permalink)
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RacerX, may I know what would you suggest doing after receiving a threat?
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Old 10-29-2002, 02:11 PM   #24 (permalink)
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Quote:
Originally posted by Whois-Search
they either pay you or pay them :

Does it mean that TheDomainEmpire don't have to pay any fees
even if he loose?

John?
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Old 10-29-2002, 02:19 PM   #25 (permalink)
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Right, if you lose your case you don't have to pay any fees.
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Old 10-29-2002, 02:25 PM   #26 (permalink)
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Why should anyone than just give its name without "fight"???


(BTW RJ, I just PM you)
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Old 10-29-2002, 05:14 PM   #27 (permalink)
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Quote:
Originally posted by Success
RacerX, may I know what would you suggest doing after receiving a threat?

Don't EVER respond, especially in writing, that you want more than the registration cost of the name. That is textbook evidence of bad faith. Don't EVER give your opponent ammunition to be used against you.

You must first weigh whether the name is worth fighting for. If it is not, give it to them. Don't irresponsibly just ignore the UDRP filing and let your name be forever stamped as a cybersquatter. If it is worth fighting, wait for the battle, and weight getting an attorney.

Ignore the C-D threats, and in the meantime anticipate and work on a UDRP defense, so if/when it comes, you are ready.
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Old 10-29-2002, 05:18 PM   #28 (permalink)
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Quote:
Originally posted by options
Why should anyone than just give its name without "fight"???


(BTW RJ, I just PM you)
Because time=money.

Some names are not worth the price of registration, and worth even less to fight about. It takes time to fight, and there are better things to be accomplished if the name is junk. Time is too valuable.

First, pick and chose your battles. (Some are best left unfought).
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Old 10-29-2002, 09:10 PM   #29 (permalink)
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Send a message via ICQ to icehole

sell it.
fast and cheap =)
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Old 10-29-2002, 11:46 PM   #30 (permalink)
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I agree with RacerX.

Some of them will purposely ask you if it's for sale or maybe ask you for a price. You will reply them your price.

They then ridiculously offer to pay you $35 to cover your registration cost.

If you refuse and you asked for more. It becomes evidence for them that you are trying to profit and acting on bad faith.

However, how do we distinguish the real enquiry and those tactic like the above? Any suggestions?
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Old 10-30-2002, 12:36 AM   #31 (permalink)
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Instigating a WIPO action costs $1,500 to the party that feels it has a legitimate grievance. You have to be quite silly to bypass a definite purchase price of $300 and go for a WIPO at $1,500, where there is no certainty of success.
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Old 10-30-2002, 12:45 AM   #32 (permalink)
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fizz, i do agree with that but it seems like there are rich people/company who just prefer to use UDRP, maybe money is not a matter for them.

http://www.arbforum.com/domains/decisions/101821.htm

from the case.

"When Complainant inquired about purchasing the domain name Respondent's attorney responded "Beauty is in the eye of the beholder, " and "if you wish to make a reasonable offer, it will be seriously considered and more than likely accepted." Complainant replied by offering $35.00 the cost for registration and fees. Respondent's attorney replied "We are not playing games. We said that we would entertain a reasonable offer. Your offer is not reasonable." Respondent did not suggest what a reasonable offer would be but it is impliedly in excess of its registration costs and fees."

decision - The domain was transfered.
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Old 10-30-2002, 12:57 AM   #33 (permalink)
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Approach

OK. So, here is a way to get your modest asking price without asking. When you receive a C&D letter or similar, just point out that you spent time and money on acquiring the name. Usually the other party will understand and make you an offer. Most lawyers are used to settling cases. So, when you tell them that you have spent time and $ on securing a name, they will ask you how much.

There may be cases where you should be paranoid. I have found that misspelled names will generally get you nowhere. I own wwwcocacola.com and guess who contacted me? They would not offer me anything for the name, not even reimbursement of reg cost, so I will just let it expire. Stupid Coke. They will just keep paying lawyers over and over to send C&D letters as others get the same bad idea that I once had. The smart thing would be to buy up the misspells and redirect them to their own sites.

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Old 10-30-2002, 11:17 AM   #34 (permalink)
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Quote:
Originally posted by RacerX


Because time=money.

Some names are not worth the price of registration, and worth even less to fight about. It takes time to fight, and there are better things to be accomplished if the name is junk. Time is too valuable.

First, pick and chose your battles. (Some are best left unfought).
OK, but I mean what if someone intentionally cybersquat, being careless about his name?
If he registered several names in bad faith, even with trademark in it, with main intention to resell it to the counterparties, hoping
that some of them will settle out of court?
Can't they ask for some damage reimbursement or so?

Last edited by options; 10-30-2002 at 01:49 PM..
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Old 11-01-2002, 11:20 PM   #35 (permalink)
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I hate reverse domain hijackers. If you want someone (who has forty lawyers in the family) to fight them, give it to me and I'll give them a run for their money.
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Old 11-03-2002, 06:14 AM   #36 (permalink)
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Quote:
Originally posted by jberryhill
Nauru has one of the highest per capita incomes in the world, and they do not have a trademark for the geographic term "Nauru".
Hi,

It's not going to stay that way for long. They're running out of phosphate, and after that, their country has virtually no chance of survival. It's an barren island: little tourism, little natural resources besides phosphate, no arable land - nothing. Added to that, it's the third smallest country in the world at 8.5 sq. mi.
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Old 11-03-2002, 09:23 AM   #37 (permalink)
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So you're saying get what you can from the little nation while you can?

This has been an interesting thread.

-WC-
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Old 11-03-2002, 11:49 AM   #38 (permalink)
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Quote:
Originally posted by conkermaniac
It's an barren island: little tourism, little natural resources besides phosphate, no arable land - nothing. Added to that, it's the third smallest country in the world at 8.5 sq. mi.
Quote:
Originally posted by WildCard
So you're saying get what you can from the little nation while you can?
conkermaniac is correct. I've visited Nauru twice and it's basically just a rock in the middle of the Pacific Ocean.
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