A concerning E-mail

[tonymit]

I have the domain name name bottomlinetech.com registered to me (at dotster) since march 2003. I am a broadcast systems engineer and am using the domain name which would also be my proposed company name as a tool to seek contract engineering work in my chosen market - I have not launched my company as yet it is just a sideline. I have recently received the following message from a similarly named company:-
.........................

Tony:

I am writing because the name of your company is very similar to our company name. Since you are also offering technical services, you may confuse our clients.

I don't know how long you've been using the name Bottom Line Technical Services but it may be in your interest not to use this name. Our company was incorporated in 1989 and has substantial name recognition in the technical services market. If, as I suspect, you are just getting started and other names are available to you, we may consider purchasing the domain name from you for a nominal fee.

Ed McCauley
Bottom Line Technologies Inc.
Voice: (908) 479-1228
Main: (908) 479-1200
FAX: (908) 479-1201
http://www.bltinc.com
[email protected]
.......................................................


So - what do I do? I perceive a clear threat in these words. I have placed a holding reply as follows:-

..............................................................

Hello Ed,

The domain name bottomlinetech.com was registered in my name on 13 March
this year following a number of checks I carried out to ensure that this
name was sufficiently "unique" to be usable as a trading name.

It is a, perhaps unfortunate, co-incidence, that we have this similarity in
the name. I had become aware that there was another company in the 'States
called Bottom Line Technical Services (whose URL does not appear to function
anymore!) therefore I had decided to call my company just BottomLineTech
for differentiation and put that up on the new web page which I am
preparing. However it has become apparent to me that the popular phrase
"Bottom Line" is likely to result in this sort of occurrence - there are
other companies using this phrase also.

I would stress that it is in no way my intention to negatively affect your
business and marketing by apparent similarity in names and area of business.
Whilst on that subject my business activity/capability is primarily that of
a systems integration engineer for the TV & Radio industry and our business
area does not appear to overlap although it is very close. However I can
also see that this naming similarity could also confuse my clients.

You suspect, correctly, that I am just getting started. However since I have
carried out some marketing effort within my industry already I have cost and
effort to expend in order to change my domain name and notify a significant
number of potential clients.

Therefore I am prepared to consider selling my domain name to you for an
appropriate fee, at this stage I am not sure what that fee should be since
this is not a course of action I had previously considered.

Please let me know how you would like to proceed.

.......................................................................................


So far I have not received any further communication back from Ed McCauley. What is my legal stance? If they wish to purchase my domain name what could a fair value be? Any comments would be appreciated.

Tony M

 

[NexSite]

Well, I certainly wouldn't have offered to sell the name. That opens the door for UDRP in the case that they have a trade mark for there name. IT will cost them $1500 or more to try and take the name from you, should they file a dispute. You can check trademark info at www.uspto.gov using teas search. There is one mark live for bottomline technologies out of NH. Your guys site point to NJ , close enough to matter I suppose. There is no mark for bottom line tech. It would be risky for them to pursue this also. Bottom line (pun intended) consider selling it for $1000.00 . Worth it to them as they save time, money. Or keep it and risk losing the name and getting nothing. I am not a lawyer. These are just my blue collar observations and opinions.

 

[Zoobar]

I don't recommend sending the reply you wrote.

 

[PinPoint WS]

Good Proportioned Responce In My Opinion. The trademark issues a reloose for them to actually sue you to get the name and go though with it would cost them thousands in legal fees!

 

[wordpimp]

good luck. I wouldn't send the reply you wrote either.

However, If you can be happy doing so, I would encourage you to sell the name. Sell it for at least $2500. It IS YOUR NAME AND YOU HAVE WORTH LIKE BIG BAD CORPORTATION DOES.

Life is to short to squabble with Big corp. There are millions of people who would love to sell a domain ....and you get to. do it and buy you a better one...etc.

Make sure you and your company can live with that...you too may have branding and loyalty matters.....that another justification to keep that price high.

best regards.

 

[TexasFilly]

being "incorporated" is not the same as having a TM..

this email did NOT indicate a TM issue..

Seems they feel a bit threatened.. which is TOO YOUR ADVANTAGE..

The ball is in your court. offer them the name (if you wish) at a substantial investment gain for yourself.

Goodluck.

 

[tonymit]

Hmmm!! This is getting interesting. I'm very grateful for the feedback you guys are giving me. Does anyone think I should just go in there with a selling offer in the first instance?

:evil:

 

[wordpimp]

Look. You haven't done anything improper. THey said they would consider buying from you.....so sell it if they will buy or keep it and tell em "lets fight" . they are not going to fight you.

WHY? ok....go to my site. www.watchoutamerica.com
go to the WHY page .....READ IT. you will see a 2 links...one the court ruling one the detroit newspaper ariticle.

In essence, the federal appeals court overtuned a ruling and claims domains as free speech. Share that with your opponent and they will write the check

then, buy a domain and say they suck.....that will teach them to buy more domains to insulate them. start buying now the ones they will want!

 

[HOWARD]

Apparently, the previous posters didn't realize that you had already sent that reply. Not counting your offer to sell, it was a good and honest response. At this point, until you hear from them, I would recommend that you do nothing further other than to continue to develop your web site.

Do not let them put you into a position of naming a price for the domain. If they make an offer, tell them that it is either acceptable or is not sufficient to motivate you into selling it.