Won my WIPO - Now what?

[INVIGOR]

I was advised that I won the WIPO case against me for a HUGE name by a HUGE multi-billion dollar complaintant. I won on the premise that the name was not acquired in bad faith because at the time, we were a "licensee" of this big company. They have since revoked the license (after the name was acquired). In any case, the name is one of their trademarks and our attorney is suggesting:

"In order to avoid an anti-counterfeitting and/or anti-cybersquatting action (and the high related costs) before the US Courts (in our opinion, according to the US jurisprudence, they would risk to lose such trial for the same reasons), we suggest to settle the case by, [and they go on to say twe should sell to them at our cost plus legal expenses, which incidently was what we offered prior to their WIPO action].

What do the legal gurus think about this? Should we wait to see what their response is first? Can we sell at a profit to them? If we hold on to the name and not use it do they still have legal recourse to pursue the name (nissan.com comes to mind).

Please advise urgently.

 

[memmst]

I was advised that I won the WIPO case against me for a HUGE name by a HUGE multi-billion dollar complaintant.
Please advise urgently.

It's a HUGE mistake to not hire a professional domain attorney for this.

 

[stewie]

I'm sure your actions could cause you more problems if you aren't careful, Let's say you won Round 1 ...I have no idea if there will be a Round 2 but if I were you I wouldn't let my guard down. If this is a HUGE name and worth big money, you should get legal advice... its hard for anyone to guide you without knowing the domain name or details....

just becareful and think before you type or say anything!!!

Congrats so far and goodluck!!!

 

[Theo]

Via the legal process, restate your previous offer and increase it by a nominal 10%
Bear in mind that large corporations are the most stubborn in pursuing extensive litigation so a settling would benefit you.

 

[EnricoSchaefer]

Be very very careful. The standard is different under the ACPA than under the UDRP. You don't want to do anything which changes your position for the worse. If you are going to try to negotiate a sale, you should do so through counsel under a signed agreement by both parties which precludes the use of any offers, negotiations or otherwise from being used as evidence of bad faith in any proceeding. There is an 'art' to handling your situation for sure. Congrats on the victory! You position is much improved if handled carefully. The problem as you know is that they can drag you into court and use their cash advantage to litigate you into turning over the domain.

 

[INVIGOR]

Thanks to all...Sorry I was disconnected for a few days on travel.

One of the best pieces of advice I got that I believe would be useful to all of us, is that IF they approach me requesting a price, the first thing to do is ask for, in writing, a statement whereby they acknowledge I am the rightful owner of the name.

 

[stewie]

Goodluck keep us posted...:yo:

 

[Fatbat]

Any update on this?

Cheers.