Someone wants to buy one of my dotMOBI's!!!

[WEBecri]

Someone send me twice an e-mail that they "really want" the domain:

***********.mobi

I reg'ed this one to complete my domainportfolio concerning ****.mobi.

I am from The Netherlands - Europe and really don't know how big this orginasation is. They have the .com, .org and .net versions, and in their e-mails I taste that they really want this domain.

Which price will be fair and will not deter them (keep in mind the fact they really want this domain).

Thanks in advance from Holland

[9888]

Their site looks impressive so they obviously have a lot of resources...
i would go in asking for $7-10k and perhaps accept $5k on the basis that you can then purchase another couple of 100 .mobi's at reg.fee.

[biggedon]

edited

[Creature]

It's a Trade Mark so if you name your price you could put yourself in a difficult situation and end up with zero.

[9888]

It's a Trade Mark so if you name your price you could put yourself in a difficult situation and end up with zero.

Their trademark is National Notary Association TM, so that would not give them exclusive rights to use National Notary, even in the US.

Also if he is not US based and plans to develop some sort of site somewhere else using it then I do not think naming a price with an explanation stating you were planning to use it would be proof of a bad faith registration as required for a WIPO claim.

g

[WEBecri]

It's a Trade Mark so if you name your price you could put yourself in a difficult situation and end up with zero.

I looked it up in http://tess2.uspto.gov/bin/gate.exe?...ate=ue3bc9.1.1

Word Mark ************
Goods and Services IC 042. US 100 101. G & S: Providing an on-line database featuring information about ************
Filing Date November 23, 2005
Published for Opposition July 11, 2006
Owner (APPLICANT) ************

In the mTLD sunrise rules I found (chapter 3, C, ix):

“Respondent certifies that the trademark or service mark registration forming the
basis for the registration of the domain name was current (non-expired) at the
time of the registration of the domain name, and was already registered or
applied for, prior to July 11, 2005, with the trademark authority with which the
mark is registered.”;

I think do have no rights to claim the domain.

They have another TM:

Word Mark ************
Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: Printed materials, namely pamphlets, magazines, brochures, and newsletters, for assisting persons to obtain and maintain certification ************in the several states. FIRST USE: 19600000. FIRST USE IN COMMERCE: 19600000
IC 041. US 100 101 107. G & S: Conducting continuing education courses for the purpose of maintaining certification for ************; and Conducting certification courses for ************. FIRST USE: 19600000. FIRST USE IN COMMERCE: 19600000

Filing Date July 22, 2005
Published for Opposition August 1, 2006
Registration Date October 17, 2006
Owner (REGISTRANT) ************

Also after July 11th 2005!

There is third one and its dead since 1993


Is my conclusion right that they have no rights with their TM's?
Shall I go for $ 10k?

[9888]

Is my conclusion right that they have no rights with their TM's?
Shall I go for $ 10k?

I would be nervous reading this new trademark which they were granted on the 16th Oct 06, two days before you registered the domain name.

That maybe sufficient for a WIPO claim of bad faith if you name a price.

I would suggest going back with something a long the lines of;

The domain name is owned for a future development in Europe? (somewhere without it trademarked) and we have no desire to sell it, although if you were to offer a price in the low xx,xxx range I am sure we could use another domain name for what we have planned.

Good luck, but best to be very careful!

[WEBecri]

Thanks 9888,

Any other comments (maybe from the USA)

Is ************ willing to pay low $ xx,xxx?
Because I'm not from the USA, I really don't know...

[GT Web]

Is the National Notary Association willing to pay low $ xx,xxx?
Because I'm not from the USA, I really don't know...

How are we supposed to know exactly what they are willing to pay?

[9888]

my guess would be that they are gathering evidence for a $1500 WIPO claim, so as i said previously, be careful.

[Creature]

Unless you think you are a domain name lawyer, do not name a price.

[WEBecri]

Thanks for the reactions,

Do they make a chance if to go to WIPO?

mTLD.mobi:

The challenger must submit its challenge request to WIPO. WIPO has made guidelines, forms, and lists of cases available on its website.

For additional information, please refer to the WIPO site and to the following documents:

- The Sunrise Registration Challenge Policy sets forth the terms and conditions in connection with a dispute.
- The Sunrise Registration Challenge Rules sets the rules that will be used in Sunrise Challenge administrative proceedings. It explains the grounds on which a challenge can be made, how to file and respond to a challenge, notices, fees, and so on.

And in these "Sunrise Registration Challenge Rules" it is clear (chapter 3, C, ix):

“Respondent certifies that the trademark or service mark registration forming the
basis for the registration of the domain name was current (non-expired) at the
time of the registration of the domain name, and was already registered or
applied for, prior to July 11, 2005, with the trademark authority with which the
mark is registered.”

Does anyone have expirience with this?

[JMJ]

I would suggest not putting a link to the site from this thread. Or any name which you have received outside interest on for that matter.

[9888]

Sunrise is over now, so i am not sure that those provisions apply, but i would agree that unless you are prepared to take the risk i would get advice from a lawyer who understands domains.

[Duckinla]

The domain name is owned for a future development in Europe? (somewhere without it trademarked) and we have no desire to sell it, although if you were to offer a price in the low xx,xxx range I am sure we could use another domain name for what we have planned.

Just a wording nuance but I wouldn't say "we have no desire to sell it". I would say "It was not our intention to sell it, however..." I would make it clear that you planned to develop in some way different than their TM protection. I would not park the domain. I would put some info on the domain homepage that backs up your statement. I would try to get them to offer a price range first without mentioning one myself.

[NameWolf]

Definetly agree with the others. My message to them would be something along the lines of ;

We purchased this specific domain to use it for a "such and such" site for our "such and such" project and we currently do not plan on selling it unless a very enticing offer was received to justify a business decision like this...

Good Luck !

[Creature]

Also if he is not US based and plans to develop some sort of site somewhere else using it then I do not think naming a price with an explanation stating you were planning to use it would be proof of a bad faith registration as required for a WIPO claim.

I would say that it doesn't matter where you are based because .mobi is global and therefore the extension has the ability in infringe on trade marks in any country. 'Terms of Use' would be required to limit countries.

If you try to explain anything at all to the buyer as a 'non legal' then you are only providing ammunition to a potential opposition case.

If you are asking 10k then you may as well spend a couple of hundred chatting to a lawyer. Anyway, good luck with the sale.

[PRED]

Agreed, go steady. It might be they are prepared to pay a fairish price to save the time & money of a legal battle.
Get some cheap advice. In fact get as much free stuff on here as you can. No doubt there are a few legal eagles floating about. Hunt them out. Keep us posted on developments. Could be useful in the future. Pred

[Rico]

Just ask for 100k and see where the ship goes.

[PRED]

LOL
That's the other angle!
Like your style!
Pred