UDRP help - LLL.com

[Chappy]

I have an LLL.com which a company wants. They have the acronym trademarked in Canada but not the US (that application is submitted but not yet approved).

I offered it to them for a high price by email. Now they threaten a UDRP.
The site simply shows 'under construction'.

Have I made a mistake in offering to sell for a large sum? I heard subsequently that this is a sure fire way to lose a UDRP.

Thanks

 

[DomainName]

Develop the site asap

 

[denny007]

Did they ASKED you for a price (shown intention to buy it) ?

 

[Theo]

He already said he offered it.

If you're concerned about the domain being challenged in a UDRP, form a corporation by that acronym in your state and immediately proceed with development/offering of services under that brand. After that, apply for a state tm.

 

[accent]

I doubt that development or TM after UDRP is threatened would help his case. It seems to me that his best defense is the generic nature of all but a very few three letter combinations. Provable offers from other companys using that acronym before you offered it to the threatening company might help, even a list of other companies and other acronyms for those letters would show the panel that that company does not have an exclusive trademark.

There is a significant chance that they are bluffing. Respond as little as you can, be professional, try not to get them pi$$ed. Maybe they will go away. It costs them a minimum of $5000 to bring a UDRP, probably a lot more, and there is a good chance that you would win. A threatening letter costs them only a few bucks.

 

[katherine]

Have I made a mistake in offering to sell for a large sum? I heard subsequently that this is a sure fire way to lose a UDRP.

Unless the domain was parked with potentially infrining ads, and the acronym is not distinctive like IBM I don't think you should worry.
If they decide to go ahead with UDRP I wouldn't lose sleep over it either. Now the outcome of UDRP can sometimes be surprising...

 

[denny007]

Unless the domain was parked with potentially infrining ads

Actually afaik "bad faith" is not only infringing parking but also offer for sale for su higher than "out of pocket" costs...

 

[DNQuest.com]

Domainer since 1975

?????? I don't think that is accurate.

Unfortunately, you garnered no rights to the domain. By offerening it for sale for a high amount, they may argue that your intent in registereing the domain was to resell to them. It may not matter what you do now since they (or atleast should) have screen shots of non-use and the email with high than normal pricing. Start gathering info now about other companies use of the acronym and hope you have an opened minded panelist.

 

[Chappy]

Thanks guys.

I never intended to sell this domain. It was one that I was going to develop - hence the under construction web page. This company came to me first (by phone) asking if they could have it. So I thought what-the-hell and gave them a relatively high price to buy it.

Their acronym name is certainly not what I'd call "well known". I'd never heard of them.

 

[mr-x]

Sue them in federal court before they file the UDRP.

 

[domain newbie]

yea, sue them for emotional abuse

 

[DomainName]

so, would you say that it is better to develop a LLL and then send out "fliers" that the name is for sale to end-users or would that still be considered "bad faith"?

 

[domaingenius]

I would be interested to know if anyone has ever successfully claimed "Without Prejudice" communications should be excluded from UDRP's or DRS's ?. It is a pain when really you want to try and conclude a deal, but you are forbidden from asking for fear it can be turned against you. Seems against the whole principle of privileged communications.

DG

 

[mr-x]

Offering a domain or website for sale is not bad faith.

 

[italiandragon]

the whole UDRP has became a joke.

Unfortunately, by reading lots of recent cases, I feel you are already in a bad position.

BEst of luck!

 

[domain newbie]

i wouldn't think the have a rights to take the name- lll is acronym, i would just make registration private, put on some quicky website with different acronym and click "spam" on them

 

[Theo]

Offering a domain or website for sale is not bad faith.

That's not the case if the offer is made *to* a tm holder.

 

[mr-x]

You have rights outside of the domain dispute process.. Read this and the thread on DomainState. http://www.loffs.org/fma-v-lufthansa/

 

[katherine]

...
This company came to me first (by phone) asking if they could have it. So I thought what-the-hell and gave them a relatively high price to buy it.
...

If they came first your case looks better

 

[Theo]

You have rights outside of the domain dispute process.. Read this and the thread on DomainState. http://www.loffs.org/fma-v-lufthansa/

The problem is, such process automatically places the domain name in suspended mode.