3m trademark - unauthorized use

[computergeek]

I recently lost a domain name because of 3m company complaining about one of my domains that had 'postit' in the name. Their lawyers sent me emails and told me to transfter the domain back to them.

I didn't do anything and finally since godaddy was involved, godaddy transfered it to them. UGH> I would have to pay a few grand to fight it I was told, so I left it.

The domain name was not a developed site and not earning, so I did not care.

Is there anything I can do to fight the cases when this happens again?

Seems like there is nothing I can do.

Thanks

 

[namestrands]

Why did GoDaddy transfer the domain without formal UDRP proceedings?

 

[computergeek]

I am not sure..

I think because I did not act upon anything and it passed the deadline?

three member panel? ugh. too much for me to read and deal with. Plus I think I had to pay. Then just got the transfer notification from godaddy one day. Sad.

Deadlines. Within 20 days from the commencement date, the Forum must receive, a Response and all exhibits according to the requirements that are described in The Rules, Paragraph 5 and the Supplemental Rules. You must also serve these on the Complainant. Your Response and exhibits must be received by the Forum by 5/26/2010. In the event the Complainant elects to have the dispute heard before a single-member Administrative Panel, and you elect to proceed with a three-member Administrative Panel, your payment for a three-member Panel must accompany your Response.

 

[namestrands]

Ah ok.. so it do go to UDRP then. If I can offer advise for future reference, if you have no intentions of fighting and have no problems with letting the domain go you should have transferred to the complainant, of course you could ask for a small fee to cover your costs. This way you do not get a public ruling against you, which could be detrimental in the future should you fight a case that you do want to win.

 

[computergeek]

Thanks so much for your help. OK next time I will do that.
If I did want to fight it, how much would it have cost me?

 

[namestrands]

If you fought it yourself it would not cost you anything. Its simply a response to their complaint to which they pay for. The 3 panel option is available to you if you request it or sometimes the complainant requests it, however if you wanted it then you would have to pay for that, but as this was a single panel then no cost to you just time. Obviously once you bring in lawyers you have that to contend with.

 

[computergeek]

ok, i will remember for the next time. I will never buy a domain with at biz name in it or TM name such as iphone or ipad etc.

thanks for your help

 

[namestrands]

80% of my domains that have been disputed were generic terms, so its not obvious trademarks.