Recouping out of pocket costs

[Chappy]

I received a threatening notice from a company who wants me to hand over a name I have. They have a trademark (which incidentally was registered after I got the name). The name is parked so I guess it does not pass the legitimate use test.

Question - is it considered bad faith if I offer to sell the name to the company for the same amount that I paid?

I thought the UDRP only considers bad faith when you ask for more than your out of pocket costs?

Thanks

 

[fab]

Don't think so. The better question is strategy though. Since most domains are under $10, recouping that sort of money is no big deal. Really depends on the company though.

 

[Theo]

Any and all costs related to acquiring and developing a contested domain should be reclaimable. However, at this point do not even respond to them without legal advice from an IP attorney. Your use of parking pages is fair use.

 

[domaingenius]

I received a threatening notice from a company who wants me to hand over a name I have. They have a trademark (which incidentally was registered after I got the name). The name is parked so I guess it does not pass the legitimate use test.

Question - is it considered bad faith if I offer to sell the name to the company for the same amount that I paid?

I thought the UDRP only considers bad faith when you ask for more than your out of pocket costs?

Thanks

1. On what date did they start using the name for which they now have a
trademark ?. If they have used the name for a long while before they
got the trademark then they will have rights back to then I guess,morally
if not legally.

2. With regard to Parking and showing adverts. Have a look as the trademark
for Google Adsense and that is the same use. Why can you not apply for a
trademark and then fight them ?

DG

 

[Chappy]

The name's value is roughly $3K...which is what I paid. I'm willing to let them have it for that amount and I would think its in their interest to take the offer as a UDRP/ACPA action is going to cost $1.5K minimum.

Turns out their trademark has not yet been accepted by the CIPO (Canada). Though they do claim a start use date many years before I registered the domain.

 

[cleverlyslick]

man that's tough.can't you fight it being that it was tm'd after you purchased it?