Situation... Reverse domain hijack, just thinking ahead. - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**buysellfast** · 03-11-2008, 08:06 AM

I have a domain registered for over 11yrs. About 6 months back, an offer came in via sedo, and we decided to sell, then after waiting for 6 weeks for buyer to make payment, the buyer backed out.

Sedo then proceeded to give us the buyers info. then we contacted the buyer and the said they still want it, but cant raise money for it and then correspondence just died.

Recently saw their site, they have trademarked the name (generic), do you think this will be a problem going forward. They named the company with the generic name as in the domain name (without the .com etc).

Can this be a case going forward for reverse domain hijacking? Just worried, shd we start to develop the name instead of it being just parked...

all inputs appreciated?

**draggar** · 03-11-2008, 08:15 AM

Hopefully you kept the communiucations (emails etc..) between you and the "buyer". If they showed interest in the domain and THEN registered the trademark it may kill any case they have (but I am not a lawyer).

**buysellfast** · 03-11-2008, 08:18 AM

yes have stored that all. this is really dangerous, i dont know if parking is to blame, we need to build more sites around them or simply the snowebill fears. in any case, just thinking ahead and always remaining vigilant

thank you dragger...

**dominator** · 03-11-2008, 08:45 AM

If they registered the name much later than it was registered by you, you did not act in bad faith, they did. Especially if it is a generic.

But strange things can happen in Europe, where companies trademarked generic terms like "marketing" to get .eu names. Nobody can own the term "marketing".

**LizzeyDripping** · 03-11-2008, 08:54 AM

Strange things can happen in Europe, you say!!! No one can own the term "marketing?! LOL

Yeah, just like no-one can own the term "apple"!!! Or "windows"!!!

Trade marks fall into classes (both in the USA and in the uncivilised wasteland outside those borders!) so if I want to trade mark "marketing" for my new range of badger polishing accessories this is unlikely to be a problem...

**fab** · 03-11-2008, 03:43 PM

Quote:

Originally Posted by LizzeyDripping

Strange things can happen in Europe, you say!!! No one can own the term "marketing?! LOL

Yeah, just like no-one can own the term "apple"!!! Or "windows"!!!

Trade marks fall into classes (both in the USA and in the uncivilised wasteland outside those borders!) so if I want to trade mark "marketing" for my new range of badger polishing accessories this is unlikely to be a problem...

Totally disagree with this point.

Marketing, can & should not be able to be trademarked for marketing, on the other hand, if someone calls their dog canal marketing, then it could be marketed for that purpose.

Apple is TradeMarked for Computers not fruit, and Windows is TradeMarked for computer OS, not "Windows".

**jasdon11** · 03-11-2008, 03:52 PM

Fab, what you just wrote actually is in agreement with LizzeyDripping.

BTW Lizzey, I've been looking for a quality badger polishing kit for a while - mine are looking so dull at the moment!

Buysellfast, maybe there is some way you can pre-empt any action - possibly by letting them know that you have become aware of their new TM. Recently someone had a TM taken off them I believe....

**fab** · 03-11-2008, 04:00 PM

Sorry, I missed his last line. BTW, Canal should be Kennel.