Trying to stay out of trouble... - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**NamesBond** · 01-27-2006, 12:24 PM

Hi all! Not sure whether to post here or in legal - Here's my issue:

About 3 years ago I registered a domain, call it "HappyGlow.com" (not real name) and it has been parked ever since. Yesterday, I notice that in Dec. 2005, a major cosmetic company has filed a TM application for "HappyGlow" in order to sell cosmetics and related products. I'm curious if I have any legal exposure as my registration pre-dates their filing. Also, I'd like to know if it is legal for me to approach them about purchasing "HappyGlow.com" or should I just wait and see if they approach me? Any and all help with this issue would be greatly appreciated.

**DotComGod** · 01-27-2006, 12:25 PM

Wait and see if they approach you.

-=DCG=-

**NamesBond** · 01-27-2006, 12:30 PM

Thanks for the info!

**JMJ** · 01-27-2006, 01:07 PM

I agree you're much better off waiting. If you approach them it gives them a leg to stand on if they try any legal action. Don't let them strongarm you into givng it up for too cheap either. If you can afford to stand your ground they will most likely lose any legal action and be forced to pay your asking.

**NamesBond** · 01-27-2006, 01:16 PM

Quote:

Originally Posted by NameMogul.com

I agree you're much better off waiting. If you approach them it gives them a leg to stand on if they try any legal action. Don't let them strongarm you into givng it up for too cheap either. If you can afford to stand your ground they will most likely lose any legal action and be forced to pay your asking.

NameMogul - Thanks so much for the advice! (Maybe not the right place to ask, but if they come knocking, what's do you think is a fair asking price in this type of situation?)

**JMJ** · 01-27-2006, 01:39 PM

Wish I could help you there. I make it a point never to appraise names because it's all up to what you're comfortable with accepting and what the buyer is comfortable with paying. The happy medium is your value.

**Focus** · 01-27-2006, 01:39 PM

Direct the domain to an offer listing page at sedo or afternic and list it for sale for like 50k and then leave the option open for offers and settle for like 10-20k hopefully*

Chris

you might end up only getting like $2500 or 5k or something...but it's free money!

**NamesBond** · 01-27-2006, 01:43 PM

Point taken!

**Zoobar** · 01-27-2006, 02:58 PM

I would also encourage you make sure any product/service related to their new tm not show on your parked pages.

**NamesBond** · 01-27-2006, 03:13 PM

Thank you! Very good point... I didn't even consider the parking content.

**Focus** · 01-27-2006, 03:15 PM

don't "park" it...just make a for sale listing and forward the domain to that page

**DomainFatigue** · 01-30-2006, 08:32 PM

See below...

**NamesBond** · 01-31-2006, 09:25 AM

mmaschool - Thanks so much for your reply! This is exactly the type of information I was looking for... Curious about how you set up the alternate site, though -- Perhaps you could PM me with the details? Thanks again, and here's hoping your "skin related" scenario repeats itself in the very near future!

**DomainFatigue** · 01-31-2006, 10:39 AM

**NamesBond** · 02-02-2006, 12:20 PM

Mmaschool - Thanks, yet again, for another insightful response! I'm basically in the same boat as you were a few years ago... Domains are not my "day job," and I'm not the most "tech savvy" guy on the block -- Hence, my request for info on how to set up a "forum" to establish "legitimate" use for my domain... (I'm afraid that, as you indicated, simply having the name parked for PPC will open me up for a "reverse hijacking" by the TM holder). Do you think DNF guys could hook me up with this type of forum site? Any help and/or suggestions on how to get his done will be greatly appreciated! Thanks again for your response -- Have a great day!

**DomainFatigue** · 02-02-2006, 07:39 PM

NamesBond,

I never had DNForum do forums but they seem very talented. They recently handled a PPC for me that was excellent. I'm just a little impatient. I know they must have quite a bit on their plate right now...

Good luck with your domain!