Welcome to Welcome to DNF.com™ - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

If you are new to domains and looking to buy, sell and learn about domains then you have come to the right place. DNForum is the largest domain name community on the internet and continues to grow every day. There are over 105,000 domainers on DNForum doing everything from buying domains, selling domains, learning about domains and discussing domains. Take a minute and Register.

Register Today on DNForum IT'S FREE!

Results 1 to 16 of 16
  1. #1
    DNF Regular

    Join Date
    Apr 2003
    Location
    Auckland, New Zealand
    Posts
    475
    DNF$
    1,643
    Bank
    0
    Total DNF$
    1,643
    Donate  

    What's the chance he'll win? Please help!

    Thanks for taking the time to review my post!

    I've been working on a deal for weeks that's for a very nice dot com receiving thousands of type-ins per day. I have the $XX,XXX sitting in Escrow and the seller was moments away from transferring the domain to me when he received an email from the owner of the dot net version. This email states something like, "you're infringing on my TM and if you don't transfer the dot com to me as I have a TM on it, I'll go to ICANN then you'll have to".

    So now the seller and I are concerned I could lose the domain to the dot net owner. The seller has therefore given me the option to cancel our deal. I don't want to, but if it's likely the dot net version owner can win the dot com from me, I should cancel the deal, or I'll lose the $XX,XXX.
    This is where your advice on what to do would be fantastic!

    The domain is descriptive and generic in nature, however the owner of the dot net has an American corporation with the exact name. The dot com domain also only gets its traffic because the dot net version is very famous (in top 5,000 Alexa!).

    So based on the information would you go ahead with such a deal:
    1. the domain is generic and descriptive in nature
    2. I will develop it offering a different service to that offered by the owner of the dot net version so as to not infringe his TM
    3. the dot com was registered first, in 2001 and his dot net in 2002
    4. the dot net version owner has a registered Service Mark dated September 2004 for the exact term

    Please help! Thanks again

  2. #2
    Platinum Lifetime Member

    Join Date
    Jul 2002
    Location
    Wisconsin
    Posts
    1,140
    DNF$
    3,106
    Bank
    0
    Total DNF$
    3,106
    Donate  

    Re: What's the chance he'll win? Please help!

    under those circumstances, i recommend going ahead with the deal. but first, write the owner of the .net a nice letter explaining how your actions are in compliance with both the Lanham act and UDRP. that will possibly shut him up.

  3. #3
    DNF Addict
    Domagon's Avatar
    Join Date
    Oct 2003
    Location
    Wyomissing, PA
    Posts
    1,420
    Country

    United States
    DNF$
    8,463
    Bank
    0
    Total DNF$
    8,463
    Donate  

    Re: What's the chance he'll win? Please help!

    My personal opinion:

    1. Go ahead with the deal

    2. Do not respond to the emails from the .net person *

    * If the .net person becomes a real pain, and you have some extra cash, hire an attorney and challenge their TM application; if actually registered, it's likely not yet incontestable.

    Ron
    Domagon - Website Management and Domain Name Sales

  4. #4
    Philadelphia Lawyer
    jberryhill's Avatar
    Join Date
    Oct 2002
    Posts
    3,020
    DNF$
    6,574
    Bank
    0
    Total DNF$
    6,574
    Donate  

    Re: What's the chance he'll win? Please help!

    Before spending $xx,xxx, you might think about spending $xxx to have this reviewed by an attorney with the real facts filled in.
    John Berryhill Ph.d., esq.
    John-AT-johnberryhill.com
    Please do not send private messages via dnforum.com, email me directly.

  5. #5
    Exclusive Lifetime Member

    Join Date
    Oct 2002
    Location
    ny ny ny ny ny ny
    Posts
    228
    DNF$
    3,467
    Bank
    0
    Total DNF$
    3,467
    Donate  

    Re: What's the chance he'll win? Please help!

    John is right. Have a qualified attorney with strong domain background review the case before making an investment of that type.



    Quote Originally Posted by jberryhill
    Before spending $xx,xxx, you might think about spending $xxx to have this reviewed by an attorney with the real facts filled in.

  6. #6
    The Bishop
    namestrands's Avatar
    Join Date
    Jan 2005
    Location
    Langley, VA
    Posts
    4,053
    DNF$
    3,127
    Bank
    0
    Total DNF$
    3,127
    Donate  

    Re: What's the chance he'll win? Please help!

    I agree with JB on this one. You will have to get advice.

    However being as synical as I am, the owner might have had a better offer, and this would be a great way to get out of it.

    Either way its a large investment, but the fact that they own the .net and a corporation with that acronym does not actually entitle them to the .com

    They still have to prove that your domain is causing confusion against their mark and that the domain is a bad faith registration. But I find it very suprising that after all this time, they ask for it now...
    Enterprise Communications and Social Media in Uist

  7. #7
    DNF Regular

    Join Date
    Apr 2003
    Location
    Auckland, New Zealand
    Posts
    475
    DNF$
    1,643
    Bank
    0
    Total DNF$
    1,643
    Donate  

    Re: What's the chance he'll win? Please help!

    Thanks for your replies and advice!! It's all very helpful and appreciated!
    Depending how it goes I'll post what happens.

    John, email sent.

  8. #8
    Exclusive Lifetime Member

    Join Date
    Oct 2002
    Location
    ny ny ny ny ny ny
    Posts
    228
    DNF$
    3,467
    Bank
    0
    Total DNF$
    3,467
    Donate  

    Re: What's the chance he'll win? Please help!

    John,

    i forgot to ask, do you know any qualified lawyers ?
    regards
    larry

    Quote Originally Posted by changejobs
    John is right. Have a qualified attorney with strong domain background review the case before making an investment of that type.

  9. #9
    The Bishop
    namestrands's Avatar
    Join Date
    Jan 2005
    Location
    Langley, VA
    Posts
    4,053
    DNF$
    3,127
    Bank
    0
    Total DNF$
    3,127
    Donate  

    Re: What's the chance he'll win? Please help!

    John for all intents and purposes is a qualified lawyer....
    Enterprise Communications and Social Media in Uist

  10. #10
    DNF Regular

    Join Date
    Apr 2003
    Location
    Auckland, New Zealand
    Posts
    475
    DNF$
    1,643
    Bank
    0
    Total DNF$
    1,643
    Donate  

    Re: What's the chance he'll win? Please help!

    Thank you for your advice John. I re-read your email and now realise that you have answered my questions bringing closure to this matter.

  11. #11
    DNF Addict
    Sarcle's Avatar
    Join Date
    Apr 2005
    Location
    Planet Earth
    Posts
    2,405
    DNF$
    4,534
    Bank
    0
    Total DNF$
    4,534
    Donate  

    Re: What's the chance he'll win? Please help!

    so don't leave us hangning what happened?
    All prices are valid for 72 hours.

  12. #12
    Bloody Hell
    Acro's Avatar
    Join Date
    Feb 2004
    Location
    USA
    Posts
    28,184
    Country

    Holy See
    DNF$
    15,465
    Bank
    0
    Total DNF$
    15,465
    Donate  

    Re: What's the chance he'll win? Please help!

    I think the .com owner is fabricating this "letter" because he got cold feet.

    DomainGang.com - Digital Entertainment for Domainers
    Acroplex - Web & Graphics
    Acro.net - My Blog

  13. #13
    mobimasters.net
    payperclick.biz's Avatar
    Join Date
    Sep 2004
    Location
    London
    Posts
    1,878
    DNF$
    1,908
    Bank
    0
    Total DNF$
    1,908
    Donate  

    Re: What's the chance he'll win? Please help!

    jberryhill, just out of intrest, what do you charge you clients per hour?
    Pay Per Click Forum | payperclick.biz | bgrbloomer.com | Charity-gift.com | PokerForum.org.uk | EfficientSearch.co.uk | HolidayForum.co.uk | Magaluf.org | AdPreviewTool.com

  14. #14
    Platinum Lifetime Member

    Join Date
    Aug 2004
    Location
    Manila
    Posts
    1,713
    DNF$
    7,718
    Bank
    0
    Total DNF$
    7,718
    Donate  

    Re: What's the chance he'll win? Please help!

    Quote Originally Posted by CSite.Net
    jberryhill, just out of intrest, what do you charge you clients per hour?
    Who cares! His background and experience make every cent worth it!

    Just kidding, CSite.Net. I know you're just asking specifics.
    Vidi, Vici, Veni!

  15. #15
    DNF Regular

    Join Date
    Apr 2003
    Location
    Auckland, New Zealand
    Posts
    475
    DNF$
    1,643
    Bank
    0
    Total DNF$
    1,643
    Donate  

    Re: What's the chance he'll win? Please help!

    The deal went through and the seller was a pleasure to do business with.

    The seller and I agreed we would keep our transaction private, so I'm sorry that I cannot write more about it, here and at this time...

  16. #16
    Platinum Lifetime Member

    Join Date
    Mar 2004
    Posts
    93
    DNF$
    415
    Bank
    0
    Total DNF$
    415
    Donate  

    Re: What's the chance he'll win? Please help!

    Quote Originally Posted by subcreate
    The deal went through and the seller was a pleasure to do business with.

    The seller and I agreed we would keep our transaction private, so I'm sorry that I cannot write more about it, here and at this time...
    If I may ask. What are you doing with the domain? I'm assuming it was parked or didn't offer the same service/product as the .net domain before you purchased it.

    So what have you done with the domain? Have you created a site offering the same product/services to confuse the .net users that type .com instead of .net?

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Domain name forum recommended by Domaining.com