How to respond

[hellstrom]

Solved now.

---------
We refer to previous contact between you and our legal advisor "Name1"
in the lawfirm of "Lawfirm".

Before we decide to take further legal action (reference made to procedures
through ICANN), we hereby ask you straight forward if you are willing to
sell the domain "domain.com" /e-mail "domain.com" to "Company". This
in order to settle this matter in a amicable way.

Please revert directly to the undersigned no later than 19 April 2004 if
this should be of interest to you.

Sincerely yours

for "Company"

"Name2"
IT Security Administrator "Company"
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How should I respond to this? I have seen examples where willingness to sell have been used against you in the UDRP.

 

[OnSpec]

Would need more information to comment. Eg.

Why UDRP ---> "new offer". Is this a weakening of their position?

Any TM issues?

"Settle in an amicable way" Would seem that they are losing confidence.

 

[hellstrom]

Well yes, I think their position has weakened. I "trashed"(pointed out a lot of effors in) the email from their lawyer. Maybe he was dismissed or something after that.
According to me there is no trademark issue, according to them there is. I can say that much that their claim is not entirely out of the blue.

 

[OnSpec]

Also they have to prove the 3 tests for their claim to stand.

Can they prove you regged the domain or bought it in "bad faith"?

 

[hellstrom]

I think they will have a hard time to try to prove all the three things. So if I were the judge, the complaint would be dismissed

 

[OnSpec]

I think they will have a hard time to try to prove all the three things. So if I were the judge, the complaint would be dismissed

arty: Party on then. Good luck.

 

[Domagon]

While you leave out many details, it's telling they didn't immediately do a UDRP...and are now using their IT staff to deal with this matter instead of their legal counsel.

With that said, is the domain worth much more than $1500 USD to you? If so, you may want to fight to hold on to it...

But if it's worth $1500 or less to you, then it may be easier selling it.

An approach is to try is saying something like "I've spent about $????... on development planning and webhosting service" and/or the domain is worth $????... to you, etc and use that for the price without ever explicitedly stating it's for sale nor that's really the price - hope this makes sense.

A UDRP will cost them $1500 minimum, is a hassle, and I gather from what you describe, not a sure thing for them either.

Ron

 

[HOWARD]

Your first response should be "make me an offer and I'll let you know if it is sufficient to motivate me to sell the domain". OR have an attorney represent you in the negotiations.

 

[actnow]

I totally agree with Howard. If you respond as stated. You are admitting that
you own the name to resell it to the TM holder. (bad faith.)

If the name has little value (under $ 100.) then I would hire a lawyer to sell it for you.
And, cut your losses.

If you think the name has a very high value (i.e., plastic.com) then you hire a lawyer to
assist you to defend it or sell it.

Bottomline, I think you need to hire a lawyer.

 

[Theo]

Asking for an offer does not clear you from a potential bad faith issue.

The bottom line is whether you want to sell it or not. If not, let them decide if it's worth to them to fight it via a UDRP.