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First Name Legal Question
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<blockquote data-quote="wilderbee" data-source="post: 2224023" data-attributes="member: 322949268"><p><span style="font-family: 'Verdana'">Also need an answer.</span></p><p><span style="font-family: 'Verdana'">Anybody can file a case for any reason, valid or not. No barriers to trying, they may get lucky and win. For a first-name domain we may be challenged as to why we registered that name -- is it our actual name (personal, business, goods) "michael"? Once we have won a case it may deflect future cases. </span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'">Passive Selling</span></p><p><span style="font-family: 'Verdana'">If a buyer makes first contact and does not like the price given in the response -- they can file a case. Happened with my first-name domain. Won with "good faith" acquisition and timelines. Now when responding to a purchase inquiry enough information is included to hopefully discourage a case, or at least have a chance of getting a reverse domain name hijacking ruling (they've been educated). </span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'">The big question is: Active Selling </span></p><p><span style="font-family: 'Verdana'"><u>Will proactively selling a domain name create penalties that would override "good <u>faith" acquisition, "rights to use", and years of "legitimate use"?</u></u></span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'">1. Posting for sale on your website.</span></p><p><span style="font-family: 'Verdana'">2. Posting for sale on listing sites.</span></p><p><span style="font-family: 'Verdana'">3. Email/call those with a tangent interest (i.e. create a new brand).</span></p><p><span style="font-family: 'Verdana'">4. Email/call those with a TM with your domain name in it (i.e. "richard michael shoes" 4/2/2013).</span></p><p><span style="font-family: 'Verdana'">5. Email/call those with a TM of exactly your name for one or more classes (i.e. "michael" for dolls, 12/2/2004).</span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'">Anyone? Obviously there is a huge trade in actively selling domain names. So what gives? With a solid history, no infringements, ready to sell and start a new business -- must we discriminate against those with the most interest in buying by Not notifying them? Would claims of "extortion" carry weight? </span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'"></span></p><p><span style="font-family: 'Verdana'"></span></p></blockquote><p></p>
[QUOTE="wilderbee, post: 2224023, member: 322949268"] [FONT=Verdana]Also need an answer. Anybody can file a case for any reason, valid or not. No barriers to trying, they may get lucky and win. For a first-name domain we may be challenged as to why we registered that name -- is it our actual name (personal, business, goods) "michael"? Once we have won a case it may deflect future cases. Passive Selling If a buyer makes first contact and does not like the price given in the response -- they can file a case. Happened with my first-name domain. Won with "good faith" acquisition and timelines. Now when responding to a purchase inquiry enough information is included to hopefully discourage a case, or at least have a chance of getting a reverse domain name hijacking ruling (they've been educated). The big question is: Active Selling [U]Will proactively selling a domain name create penalties that would override "good [U]faith" acquisition, "rights to use", and years of "legitimate use"?[/U][/U] 1. Posting for sale on your website. 2. Posting for sale on listing sites. 3. Email/call those with a tangent interest (i.e. create a new brand). 4. Email/call those with a TM with your domain name in it (i.e. "richard michael shoes" 4/2/2013). 5. Email/call those with a TM of exactly your name for one or more classes (i.e. "michael" for dolls, 12/2/2004). Anyone? Obviously there is a huge trade in actively selling domain names. So what gives? With a solid history, no infringements, ready to sell and start a new business -- must we discriminate against those with the most interest in buying by Not notifying them? Would claims of "extortion" carry weight? [/FONT] [/QUOTE]
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