Buyer threatening legal action over a .Info domain

[Asperger]

Hi.
Recently i bought a .info domain that had just dropped.
This keywork is a very well-known UK bookmaking firm.
10 days after reg i got an email from someone at the .com address version basically threatening (in a roundabout way) ICANN, legal fees, etc etc if i don't hand the name over to him for a 'nominal fee'.The email also mentioned they had a TM on the domain name,which i don't think they actually do.
I eventually emailed them back letting them know there were no bad-faith reging this domain, and that i hadnt approached them to sell,nor would i have.
I got a reply to this email telling me that they understand their was no bad-intent by me, but they would like to solve this matter quickly by offering $200 and paying trans fees.
He went on to say...

but i would like to make it clear that i am not willing to raise the offer any further and am unconcerned about following the legal procedures if necessary

This guys 'legal approach' is allmost making me feel like i wan't to push this.
Would anyone advice i sell.? or should i stick to my guns.?

Thanks!!!!

 

[MobileDesigner]

if he acknowledges that you did not buy the name in bad faith, i think you are ok. id stick to your guns. but check the trademark database anyways to see if hes bluffing. probably some guy who forgot to reg his name and is trying to keep it cheap by threatening.

If I were you, id tell him to ......:upset: and pay up to what you are selling it for. FYI, youd better put up some content like a blog or something so it shows that you are using the site for something.

 

[Asperger]

Thank Jon.
I checked TM's as deeply as i could, and it came up clear.

TBH, if they'd have just emailed me and simply asked for it for $100.00 without the legal BS i'd have given it to them, thats a lot of $ to me right now, chicken feed to you guys prob, i know!!! lol.

Anyway, thanks again!.

 

[jasdon11]

Thank Jon.
I checked TM's as deeply as i could, and it came up clear.

TBH, if they'd have just emailed me and simply asked for it for $100.00 without the legal BS i'd have given it to them, thats a lot of $ to me right now, chicken feed to you guys prob, i know!!! lol.

Anyway, thanks again!.

In that case, sell it. If you'd have been happy with half of that, what are you waiting for...it could only get messy from here on.

 

[PRED]

take the money. send them your paypal address or something.
be grateful they are offering you something tbh is my advice, especially if a clearcut tm.
take the dosh & push it
imho
cheers
Pred

 

[Asperger]

Hi.
Thanks for your replies.
Pred: This isn't a clear cut TM issue though, ive checked, there isnt one , i thought i'd made that clear. :noidea:

The reason i didnt just jump at their first offer is because soon after the first email from them, an experienced domainer from DNF advised me to ask low xxxx,and no less.....

Thanks!

 

[PRED]

Hi.
Thanks for your replies.
Pred: This isn't a clear cut TM issue though, ive checked, there isnt one , i thought i'd made that clear. :noidea:

The reason i didnt just jump at their first offer is because soon after the first email from them, an experienced domainer from DNF advised me to ask low xxxx,and no less.....

Thanks!

Ok, sorry.misinterpreted your search.
Hmmm, try & squeeze for more cash then :smilewinkgrin:
Throw up a page, saying under construction or something.
Send an email saying, wasn't planning on selling as was going to develop.
It's registered in good faith as regged aname for development.
You would need to increase your offer for me to consider selling, blah blah blah
Nothing to lose really
Can't see them paying $xxxx + to take you to wipo if no tm
Good Luck
Let us know how you get on

 

[Creature]

Flip it and sleep well.

 

[Gerry]

My issue would be that if it was an issue why all of a sudden do they want it?

How long has the domain been in existence? Who owned it previously?

I get sob and SOB stories all the time when I pick up a domain on the drop or buy them as expired. They are expired because somebody did not want them anymore, pay for them, or forgot.

Sounds like strong arm tactics to me. Without knowing the domain name or the history of the domain or the firm threatening legal action, it is difficult to make a true and accurate assessment.

But my first inclination would be to see how long the name has been regged, who has owned it, why did they not own it, and why do they want it now.

Perhaps someone on here will give you access to their WHOIS history (usually for a fee) to determine the life and the former owners.

 

[GAMEFINEST]

i would sell it and buy more domains...no point in the hassle.....unless it was sex.com

 

[Andrew Shaw]

They went from offering nothing but normal fee's to offering $200 within one email. Ask them for business information, what they do, when there trademark was ested. And ask them for proof that a trademark exists.

let them know that they are not going to scare you into selling, be sure to let them know that you will negotiate with them, but threatning legal troubles does not go over well with you.

They made the initial $200 offer out of nowhere, they will offer more if you play your cards right.

Get all the infomation about them and determine yourself if you think its worth it. You may even want to consider seeking legal advice. Doesnt have to be a private lawyer, maybe just someone on the forum that is experienced in these cases.

Most of all... goodluck with everything. Remember not to take everyones advice. Just use points given to make YOUR OWN final decision.

 

[Theo]

$200 to a bookie is peanuts. Ask for $2k, watch him change colors.

 

[hugegrowth]

Ask for their phone number and a fax/letter with their letterhead. You need to confirm who you are dealing with.

 

[PRED]

They went from offering nothing but normal fee's to offering $200 within one email. Ask them for business information, what they do, when there trademark was ested. And ask them for proof that a trademark exists.

let them know that they are not going to scare you into selling, be sure to let them know that you will negotiate with them, but threatning legal troubles does not go over well with you.

They made the initial $200 offer out of nowhere, they will offer more if you play your cards right.

Get all the infomation about them and determine yourself if you think its worth it. You may even want to consider seeking legal advice. Doesnt have to be a private lawyer, maybe just someone on the forum that is experienced in these cases.

Most of all... goodluck with everything. Remember not to take everyones advice. Just use points given to make YOUR OWN final decision.

good advice. :yes:
sounds like you may own a few tm domains? :smilewinkgrin:

 

[Asperger]

Thanks everyone for taking the time to advice a newbie!!!! much appreciated.

I'm going to let them have it, it'll allow me to buy some more names & i can upgrade my account here a notch.

Thanks!!
:cheers:

 

[Tia Wood]

1) Confirm the identity of the email sender
2) Weigh your options: can the domain name be considered generic? Is the domain worth anything?
3) Think how much more expensive a lawsuit will actually be (if you're actually in the need for $200
4) Weigh your options and #3.

 

[Stian]

Hi mate! IMO; if you would feel satisfied with selling the domain for $100 and a company offers you the double of that? Sell, sell, sell and buy lots of ice cream! No point risking a huge TM lawsuit if your domain isn't potentially worth lots of $$$$ . Good luck.

 

[Deleted member 5660]

keep in mind you can have a trademark on a term aand you may or may not go ahead and register that trademark to get greater protection. Just because it is not registered doen't mean someone doesn't have a trademark. there is some info at:

http://www.wipo.int/amc/en/domains/search/overview/index.html#17