UDRP help - LLL.com - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Chappy** · 04-23-2008, 01:46 AM

I have an LLL.com which a company wants. They have the acronym trademarked in Canada but not the US (that application is submitted but not yet approved).

I offered it to them for a high price by email. Now they threaten a UDRP.
The site simply shows 'under construction'.

Have I made a mistake in offering to sell for a large sum? I heard subsequently that this is a sure fire way to lose a UDRP.

Thanks

**DomainName** · 04-23-2008, 02:12 AM

Develop the site asap

**denny007** · 04-23-2008, 02:15 AM

Did they ASKED you for a price (shown intention to buy it) ?

**Acro** · 04-23-2008, 02:25 AM

He already said he offered it.

If you're concerned about the domain being challenged in a UDRP, form a corporation by that acronym in your state and immediately proceed with development/offering of services under that brand. After that, apply for a state tm.

**accent** · 04-23-2008, 03:21 AM

I doubt that development or TM after UDRP is threatened would help his case. It seems to me that his best defense is the generic nature of all but a very few three letter combinations. Provable offers from other companys using that acronym before you offered it to the threatening company might help, even a list of other companies and other acronyms for those letters would show the panel that that company does not have an exclusive trademark.

There is a significant chance that they are bluffing. Respond as little as you can, be professional, try not to get them pi$$ed. Maybe they will go away. It costs them a minimum of $5000 to bring a UDRP, probably a lot more, and there is a good chance that you would win. A threatening letter costs them only a few bucks.

**sdsinc** · 04-23-2008, 08:35 AM

Quote:

Originally Posted by Chappy

Have I made a mistake in offering to sell for a large sum? I heard subsequently that this is a sure fire way to lose a UDRP.

Unless the domain was parked with potentially infrining ads, and the acronym is not distinctive like IBM I don't think you should worry.
If they decide to go ahead with UDRP I wouldn't lose sleep over it either. Now the outcome of UDRP can sometimes be surprising...

**denny007** · 04-23-2008, 08:47 AM

Quote:

Unless the domain was parked with potentially infrining ads

Actually afaik "bad faith" is not only infringing parking but also offer for sale for su higher than "out of pocket" costs...

**DNQuest.com** · 04-23-2008, 09:25 AM

Domainer since 1975

?????? I don't think that is accurate.

Unfortunately, you garnered no rights to the domain. By offerening it for sale for a high amount, they may argue that your intent in registereing the domain was to resell to them. It may not matter what you do now since they (or atleast should) have screen shots of non-use and the email with high than normal pricing. Start gathering info now about other companies use of the acronym and hope you have an opened minded panelist.

**Chappy** · 04-23-2008, 10:22 AM

Thanks guys.

I never intended to sell this domain. It was one that I was going to develop - hence the under construction web page. This company came to me first (by phone) asking if they could have it. So I thought what-the-hell and gave them a relatively high price to buy it.

Their acronym name is certainly not what I'd call "well known". I'd never heard of them.

**tres** · 04-23-2008, 10:25 AM

Sue them in federal court before they file the UDRP.

Banned: domain newbie · 04-23-2008, 10:42 AM

yea, sue them for emotional abuse

**DomainName** · 04-23-2008, 10:45 AM

so, would you say that it is better to develop a LLL and then send out "fliers" that the name is for sale to end-users or would that still be considered "bad faith"?

**domaingenius** · 04-23-2008, 11:11 AM

I would be interested to know if anyone has ever successfully claimed "Without Prejudice" communications should be excluded from UDRP's or DRS's ?. It is a pain when really you want to try and conclude a deal, but you are forbidden from asking for fear it can be turned against you. Seems against the whole principle of privileged communications.

DG

**tres** · 04-23-2008, 11:33 AM

Offering a domain or website for sale is not bad faith.

**italiandragon** · 04-23-2008, 11:41 AM

the whole UDRP has became a joke.

Unfortunately, by reading lots of recent cases, I feel you are already in a bad position.

BEst of luck!

Banned: domain newbie · 04-23-2008, 11:45 AM

i wouldn't think the have a rights to take the name- lll is acronym, i would just make registration private, put on some quicky website with different acronym and click "spam" on them

**Acro** · 04-23-2008, 11:46 AM

Quote:

Originally Posted by tres

Offering a domain or website for sale is not bad faith.

That's not the case if the offer is made *to* a tm holder.

**tres** · 04-23-2008, 11:50 AM

You have rights outside of the domain dispute process.. Read this and the thread on DomainState. http://www.loffs.org/fma-v-lufthansa/

**sdsinc** · 04-23-2008, 01:02 PM

Quote:

Originally Posted by Chappy

...
This company came to me first (by phone) asking if they could have it. So I thought what-the-hell and gave them a relatively high price to buy it.
...

If they came first your case looks better

**Acro** · 04-23-2008, 01:07 PM

Quote:

Originally Posted by tres

You have rights outside of the domain dispute process.. Read this and the thread on DomainState. http://www.loffs.org/fma-v-lufthansa/

The problem is, such process automatically places the domain name in suspended mode.

04-23-2008, 01:46 AM	#1 (permalink)
Chappy Last Online: 11-21-2009 06:36 PM iTrader: (49) Join Date: Feb 2006 Posts: 736 DNF$: 4,391 Location: San Francisco	UDRP help - LLL.com I have an LLL.com which a company wants. They have the acronym trademarked in Canada but not the US (that application is submitted but not yet approved). I offered it to them for a high price by email. Now they threaten a UDRP. The site simply shows 'under construction'. Have I made a mistake in offering to sell for a large sum? I heard subsequently that this is a sure fire way to lose a UDRP. Thanks __________________ Domainer since 1975 Generic/LL/LLL

04-23-2008, 02:12 AM	#2 (permalink)
DomainName Live, Eat, Breathe Names Last Online: Yesterday 10:14 PM iTrader: (19) Join Date: Dec 2007 Posts: 808 DNF$: 88 Country:	Develop the site asap __________________ My Countdown Counting down to: Until a new year 38 days 23 hours 11 minutes

04-23-2008, 02:15 AM	#3 (permalink)
denny007 Platinum Lifetime Member Last Online: Yesterday 01:17 PM iTrader: (40) Join Date: Oct 2004 Posts: 3,445 DNF$: 10,356 Country:	Did they ASKED you for a price (shown intention to buy it) ? __________________ I have PM disabled. You can email me: denny startseek com ThankYouDHL.com

04-23-2008, 02:25 AM	#4 (permalink)
Acro Bloody lovely Last Online: 11-21-2009 08:07 PM iTrader: (394) Join Date: Feb 2004 Posts: 23,903 DNF$: 4,071 Location: USA Country:	He already said he offered it. If you're concerned about the domain being challenged in a UDRP, form a corporation by that acronym in your state and immediately proceed with development/offering of services under that brand. After that, apply for a state tm. __________________ DomainGang.com - Domainers' Most Awesome News Source Acroplex - Web & Graphics Acro.net - My Blog My Countdown Counting down to: Snapnames rebate hitting my mailbox 79 days 23 hours 10 minutes Last edited by Acro; 04-23-2008 at 02:26 AM.. Reason: Automerged Doublepost

04-23-2008, 03:21 AM	#5 (permalink)
accent Platinum Lifetime Member Last Online: 11-20-2009 02:42 AM iTrader: (7) Join Date: May 2007 Posts: 130 DNF$: 100 Location: Washington state	I doubt that development or TM after UDRP is threatened would help his case. It seems to me that his best defense is the generic nature of all but a very few three letter combinations. Provable offers from other companys using that acronym before you offered it to the threatening company might help, even a list of other companies and other acronyms for those letters would show the panel that that company does not have an exclusive trademark. There is a significant chance that they are bluffing. Respond as little as you can, be professional, try not to get them pi$$ed. Maybe they will go away. It costs them a minimum of $5000 to bring a UDRP, probably a lot more, and there is a good chance that you would win. A threatening letter costs them only a few bucks. __________________ Domain names for sale, most are one word: http://bndn.com

04-23-2008, 09:25 AM	#8 (permalink)
DNQuest.com DNF Addict Last Online: 09-23-2008 04:35 PM iTrader: (2) Join Date: Oct 2002 Posts: 1,100 DNF$: 4,835 Location: Columbia, MD	Domainer since 1975 ?????? I don't think that is accurate. Unfortunately, you garnered no rights to the domain. By offerening it for sale for a high amount, they may argue that your intent in registereing the domain was to resell to them. It may not matter what you do now since they (or atleast should) have screen shots of non-use and the email with high than normal pricing. Start gathering info now about other companies use of the acronym and hope you have an opened minded panelist. __________________ Track emails that you send, PM me to find out how....

04-23-2008, 10:22 AM	#9 (permalink)
Chappy Last Online: 11-21-2009 06:36 PM iTrader: (49) Join Date: Feb 2006 Posts: 736 DNF$: 4,391 Location: San Francisco	Thanks guys. I never intended to sell this domain. It was one that I was going to develop - hence the under construction web page. This company came to me first (by phone) asking if they could have it. So I thought what-the-hell and gave them a relatively high price to buy it. Their acronym name is certainly not what I'd call "well known". I'd never heard of them. __________________ Domainer since 1975 Generic/LL/LLL

04-23-2008, 10:25 AM	#10 (permalink)
tres you heard me.. Last Online: 11-13-2009 05:44 PM iTrader: (9) Join Date: Oct 2003 Posts: 429 DNF$: 4,838 Location: AcmeDomains.com Country:	Sue them in federal court before they file the UDRP. __________________ Acme Domains

04-23-2008, 10:42 AM	#11 (permalink)
Banned: domain newbie Account Terminated Last Online: 06-19-2008 12:08 PM iTrader: (22) Join Date: Mar 2005 Posts: 2,891 DNF$: 12,700 Location: my home is where my bank account is Country:	yea, sue them for emotional abuse

04-23-2008, 10:45 AM	#12 (permalink)
DomainName Live, Eat, Breathe Names Last Online: Yesterday 10:14 PM iTrader: (19) Join Date: Dec 2007 Posts: 808 DNF$: 88 Country:	so, would you say that it is better to develop a LLL and then send out "fliers" that the name is for sale to end-users or would that still be considered "bad faith"? __________________ My Countdown Counting down to: Until a new year 38 days 23 hours 11 minutes

04-23-2008, 11:11 AM	#13 (permalink)
domaingenius Platinum Lifetime Member Last Online: 11-07-2009 12:10 PM iTrader: (5) Join Date: Mar 2006 Posts: 1,027 DNF$: 148 Location: United Kingdom Country:	I would be interested to know if anyone has ever successfully claimed "Without Prejudice" communications should be excluded from UDRP's or DRS's ?. It is a pain when really you want to try and conclude a deal, but you are forbidden from asking for fear it can be turned against you. Seems against the whole principle of privileged communications. DG

04-23-2008, 11:33 AM	#14 (permalink)
tres you heard me.. Last Online: 11-13-2009 05:44 PM iTrader: (9) Join Date: Oct 2003 Posts: 429 DNF$: 4,838 Location: AcmeDomains.com Country:	Offering a domain or website for sale is not bad faith. __________________ Acme Domains

04-23-2008, 11:41 AM	#15 (permalink)
italiandragon Platinum Lifetime Member Name: Lorenzo Last Online: 01-13-2009 07:20 PM iTrader: (22) Join Date: Feb 2006 Posts: 2,495 DNF$: 10 Country:	the whole UDRP has became a joke. Unfortunately, by reading lots of recent cases, I feel you are already in a bad position. BEst of luck! __________________ FOR THE BEST DEALS OF THE YEAR VISIT: ItalianDragon.com™

04-23-2008, 11:45 AM	#16 (permalink)
Banned: domain newbie Account Terminated Last Online: 06-19-2008 12:08 PM iTrader: (22) Join Date: Mar 2005 Posts: 2,891 DNF$: 12,700 Location: my home is where my bank account is Country:	i wouldn't think the have a rights to take the name- lll is acronym, i would just make registration private, put on some quicky website with different acronym and click "spam" on them

04-23-2008, 11:50 AM	#18 (permalink)
tres you heard me.. Last Online: 11-13-2009 05:44 PM iTrader: (9) Join Date: Oct 2003 Posts: 429 DNF$: 4,838 Location: AcmeDomains.com Country:	You have rights outside of the domain dispute process.. Read this and the thread on DomainState. http://www.loffs.org/fma-v-lufthansa/ __________________ Acme Domains

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