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Just had another lawyers letter attached to email few mins ago about another domain they claim should be theirs. What is best, a Namedrive parking page on portal setting (bit of everything) or simple parking page under construction ?.
DG
Under Construction page
Under construction in the circumstances, for sure.
Thanks for the replies. Phew, thats done and now just wait for the writ or whatever to arrive I guess.Originally Posted by aZooZa
DG
I did the same putting it on a construction page, but they were clever enough to take screenshots before that, with ads.
Under construction - in the eyes of a WIPO case a parked domain is almost always bad faith.
Under construction is at least showing that you have plans for the domain.
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Just got my first C&D last night. I own(ed) a generic phrase .com with the past tense verb conjugation whereas a famous non-profit owns a TM and domain on the same phrase in the present tense in the .org.
Thinking that my figuring out the source of the typein traffic and optimizing my parking to take advantage of that means I've got a losing case now. Wonder if I can write off my C&D push as a donation
Lol. Yep I am hoping they were not that quick, I did notice 2 days ago their IP showed in my logs as they were doing some research !
Now question is I guess ,how can I sell the domain assuming I wanted to?.
DG
Interesting...
What about a ridirect to another website?
Last edited by beansbaxter; 06-24-2008 at 04:29 PM. Reason: Automerged Doublepost
IMHO, you don't...selling will most likely (if it is a legitimate TM claim) just put the next party AND you at risk. Just because you sell it doesn't mean you are no longer responsible.
Also, usage will play a critical role in any UDRP. Chances are if they value the name that much, and follow through, they have screen shots of the ads. If the ads were targeted (directly or indirectly) to their "venue", or market or their customers, there is a very high probability of losing. If they weren't pointed to anything infringing on their Mark, then you at least have a chance... how good a chance depends on the panelist and the facts (or their ability to persuade).
My personal (non-lawyer) advice would be to wait for something legal in the mail (certified usually). Do some homework and verify who is sending the C&D before responding, or don't respond at all until/unless you get official notice of a UDRP/WIPO. Also make sure your contact info is correct on whois to make sure you will receive such notifications. The last thing you want to do is give them fodder to throw back at you... and going from ads to non-ads may be enough in and of itself to cause a loss.
Or, lastly, offer to transfer the name for your acquisition costs and be done with it. Down side is that even then you aren't guaranteed they won't still go after you...
As far as redirecting to another site... it depends on the facts of the situation. If it is a legitimate TM claim, that can be construed as causing FUD by redirecting people looking for xyz to xyza. Or trying to profit from their mark. Redirecting Apple.com to Orange.com would cause confusion and uncertainty around Apple.com without a doubt.
[Just non-lawyer opinions]
That is the thing, they don't have a registered trademark and could not possibly win under any trademark laws in Court, BUT they could manage to scrape enough together to have a crack at a UDRP.
As for selling, in fact I mean sell it to the complainant [U]not[U] a third party. Problem with UDRP is it seems to prevent you even trying to settle matters as there is no without prejudice provision.
DG
So let me get this straight... they sent you a "you have our domain" letter, but they have no tm on it? Do they run a business or service under the name, and how long have they if so, and is the term descriptive to their service or product (such as using "Apple" to sell apples)?
When you say they could not win under trademark laws, are you insinuating that they/their business has no legitimate claim to the name? A TM doesn't have to be registered to be claimed, just FYI if you didn't already know... if they have a service or product or business name and can show use in commerce, they can likely make a TM claim.
1. Yes got the "the domain belongs to our client letter".
2. Nope they have no trademark on it and have not used it in business
but want to do so.
3. It is a geographic location , not a made up name.Such location has been
known by that name for 50 years or so. They happen to have an
interest in that location .
4. I appreciate that tm's do not need to be regged.
DG
Sounds a very flaky claim to me. The only Geo TM I know of that has been challenged is 'Vatican'.
Agreed... sounds flimsy at best. I think you would be ok (without knowing the name) to ask them to make an offer if they are interested. I would also let them know that you are in development, but would consider any reasonable offer.
Also if they truly have no use in commerce, if it is an internationally based email it could be that the way they worded it is the best they could translate to english, which can sometimes come across wrong.
Sounds like a good opportunity to make some money (again without knowing the name its tough to say for sure how safe a bet it is and who the potential suitors are).
Don't give them anything they can use against you though. Keep the back and forth very straightforward and to the point and if what you say is true, you should be fine.
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