Justifying (surname).com ownership?

[grcorp]

I have recently picked up (for reg fee, off a drop list) a (surname).com domain name, and this surname is not only relatively common, but is also the name of a somewhat large US company (which is a family name). They have multimillion dollar revenues and over 5,000 employees.

This company has a domain name which, by a domainer's standards, is pitiful.

I have every reason to believe that I can come up with a justifiable argument to get them to express an interest in the domain name.

But my question is... do you think they can somehow claim a right to the name? Not just because they have their company name trademarked, but also because I, nor anybody in my family, has the last name that the domain name contains.

I was thinking of building a small landing page describing the "History of the (surname) family", citing sources of information I found on Google... so I can say that this is a website that I built for that very purpose, but if you want the name, I'm only willing to part with it for $(amount).

What would you do if you were me here?

LMK

 

[marcorandazza]

So in other words:

1) You bought a domain name that corresponds to the trademark of an established company.
2) You are fully aware of that fact
3) You want to sell the domain name to that company, but you are slick enough to know that directly approaching them will likely mean you get slapped for cybersquatting
4) So you want advice on how to circumvent the law.

 

[TheLegendaryJP]

Basically...

If you do not use the name to infringe you SHOULD be fine, that does not however stop them from trying but at least no bad faith is shown blatantly. If it were I avoid bad faith and you ae a surname/domain investor, no need to justify it with it being your actual name, although that helps lol

 

[Theo]

Did they own the domain in the past? Perhaps it was involved in a WIPO case and it had to be dropped. At any rate, if you feel comfortable enough, you could approach them with an offer to sell for a "nominal fee". Hint: don't exceed the UDRP filing fee amount Good luck.

 

[Gerry]

Did they own the domain in the past? Perhaps it was involved in a WIPO case and it had to be dropped.

he he he...I've bought a few of those in the past.

Only to have C&D letters arrive about 2 weeks after being picked up in a drop.

---------- Post added at 11:09 AM ---------- Previous post was at 11:07 AM ----------

So in other words:

1) You bought a domain name that corresponds to the trademark of an established company.
2) You are fully aware of that fact
3) You want to sell the domain name to that company, but you are slick enough to know that directly approaching them will likely mean you get slapped for cybersquatting
4) So you want advice on how to circumvent the law.

Bingo.

Typically when these questions are asked (or statements posted), the person posting already knows the answers and the consequences.

 

[marcorandazza]

Did they own the domain in the past? Perhaps it was involved in a WIPO case and it had to be dropped. At any rate, if you feel comfortable enough, you could approach them with an offer to sell for a "nominal fee". Hint: don't exceed the UDRP filing fee amount Good luck.

I would be careful with even that. Often the asking price is seemingly developed with the UDRP filing fee in mind, but markholders have other concerns rather than the UDRP fee. Winning UDRP cases strengthens the mark owner's common law rights hand, and it demonstrates a methodical protection of the mark. Furthermore, mark owners are worried about word getting out that they pay for squats, and don't want to be seen as targets.

What that boils down to is that some of my mark-owner side cases have been filed even when the asking price was a mere $100. Its not just a math equation for some.

 

[denny007]

Make some personal page there, maybe blog, pretend you are Joe Surname.
Then start sending them emails (from different emails, untracable to you) like "Hey I was looking for your company at surname.com and you are not there, how come ?"

---------- Post added at 01:25 AM ---------- Previous post was at 01:22 AM ----------

I would be careful with even that. Often the asking price is seemingly developed with the UDRP filing fee in mind, but markholders have other concerns rather than the UDRP fee. Winning UDRP cases strengthens the mark owner's common law rights hand, and it demonstrates a methodical protection of the mark. Furthermore, mark owners are worried about word getting out that they pay for squats, and don't want to be seen as targets.

What that boils down to is that some of my mark-owner side cases have been filed even when the asking price was a mere $100. Its not just a math equation for some.

If they would be REALLY interested in protecting their mark in this case, they would backorder the doamin and would get it for $59 (because OP got it for a reg. fee AFTER it dropped). So this is either proof they do not really give a crap about their TM or teir lawyers are foking them over (half of all UDRP are like this - totally worthless domains, perhaps even registered by lawyers so they can charge them their inhuman fees)