Sending sales offer?

[copper]

I saw lots of post mentioning contacting potential enduser is good method to sell domain.

So, if...
I have xyz.com (example)
xyz.com is directory site.
I contact "xtreme youth zealot, inc" (example) for possible sale of xyz.com
"xtreme youth zealot, inc" is shopping mall management co. or running cruiselines.

Will this cause me possible legal problem?

 

[DomainBuyerBroker]

The answer will always be "it depends". Do they have a trademark on xyz like IBM? However, if you are only trying to get a couple thousand and it is not a clear TM violation then they would have to file a claim against you which will cost them a couple thousand.

The better the domain and the higher price and the closer it is to their trademark then the likelyhood of them trying to take it from you.

 

[copper]

The answer will always be "it depends". Do they have a trademark on xyz like IBM? However, if you are only trying to get a couple thousand and it is not a clear TM violation then they would have to file a claim against you which will cost them a couple thousand.

The better the domain and the higher price and the closer it is to their trademark then the likelyhood of them trying to take it from you.

Thank you for the post.
So, if the domain value is over 10K reseller, you wouldn't recommend approaching potential buyer?

You just wait until someone contact you?
Even when potential buyer and xyz.com's current site is in totally different field/industry?
They still can come after xyz.com?

 

[DomainBuyerBroker]

It depends.

They need to prove three things to take the domain from you.

1. Confusingly similar.
2. That you have no legitimate use.
3. You acted in bad faith.

They only need to do one thing to TRY to take the name from you.

1. File WIPO claim (about $1500 plus legal fees)

Trademarks are designed to protect the consumers not the companies that own the TM. If your grandmother would be confused by your domain and the target company I'd say that you are treading on thin ice.

 

[DNQuest.com]

Yes, there are factors. ARe you saying you have an acronym? They can be tricky. A good approach would be to make sure the domain is in use in a non-competing way (as your example shows). Then inform them that the site will be shut down and see if they are interested in purchasing the generic acronym.. Make sure it is pleasant and business-like. No threats, no innuendos. Just straight up offer becusae you thought they might be interest in something like this. Also let them know it will be a one-time only mailing. There are ways to spruce it up, but you get teh general idea.

 

[copper]

Again, I appreciate your reply

It depends.

They need to prove three things to take the domain from you.

1. Confusingly similar.

domain name is Acronym. So, it's not similar and I can assume I am clear on this issue, I think

2. That you have no legitimate use.

I do have legitimate use as domain is being used as directory site which is totally different field from potential buyer. So, clear from this item?

3. You acted in bad faith.

This is THE thing I am not sure.
Is sending sales offer to potential buyer can be labeled as "acted in bad faith"?

They only need to do one thing to TRY to take the name from you.

1. File WIPO claim (about $1500 plus legal fees)

Trademarks are designed to protect the consumers not the companies that own the TM. If your grandmother would be confused by your domain and the target company I'd say that you are treading on thin ice.

My grandmother would not be confused.
She doesn't even know internet exist at the age of 98k:

They may use...
XtremeYouthZealot.com
xYouthZealot.com
XYZealot.com

Or they can use my XYZ.com (example).

There isn't any similarity between them.

Yes, there are factors. ARe you saying you have an acronym? They can be tricky. A good approach would be to make sure the domain is in use in a non-competing way (as your example shows). Then inform them that the site will be shut down and see if they are interested in purchasing the generic acronym.. Make sure it is pleasant and business-like. No threats, no innuendos. Just straight up offer becusae you thought they might be interest in something like this. Also let them know it will be a one-time only mailing. There are ways to spruce it up, but you get teh general idea.

Thank you for the input
So, are you saying it could be tricky, but, usually, ok to send email/contact?

 

[DomainBuyerBroker]

Good luck. I'm not a lawyer and can't give legal advice. Just thought I'd make some points.

 

[copper]

Good luck. I'm not a lawyer and can't give legal advice. Just thought I'd make some points.

If it was you, would you contact them?
Thanks again