Domain owned then let go...

[ib4s]

Hello folks,

My question is this, i have just registered a name that was not renewed. The domain name has been owned and operated by these people for over 4 years and im sure it was an oversight on their part not to renew, even with all the warning letters.

The domain name is associated with there company name yet its not coke or anybody that big.

Now, im sure these people will try and attack me for registering their past used name and get agressive about it. What should i do to protect my intrest, as i feel the name has great value for traffic and potential customers to buy my goods, this is why i did it.

ib4s

 

[HOWARD]

It's hard to give advice when we don't know all the salient facts. Is it a Trademarked name or is it generic? Is it "famous" or just known locally?

 

[ib4s]

Its a non-famous name with no past or current trademark.

The past owner was using it up till it expired and for some reason allowed the name to drop.

 

[WildCard]

well, if they didn't notice that it hasn't been resolving for all this time, you sure they use it as their primary domain name? Certainly they should have seen their email stop coming in and their weborder cease.

-WC-

 

[jberryhill]

I felt the same way one time when I moved into an apartment from which the prior tenant was evicted for non-payment of rent.

Who knows? Maybe it was an oversight on his part, but that was not my problem.

 

[Oceanic]

I agree with John. It should not be your problem.

What I do in these cases is
a) check how long the domain name stayed "on hold"
b)verify that the apparent traffic is real and not a result of a redirect (you should know this by now), and
c) hope that the previous owner lost interest in the business or moved to another site(many times a simple Google search for the company name reveals the new site and you can be 100% worry free!!

 

[ib4s]

I agree with john im my thoughts...

No, their is no TM on the company name from what i can see via my searches.

These people have used the name for while now and obviously dident renew the name do to one of the following reasons im sure.

1) were to busy to care about a small bill in the mail.
2) Thought they were to big and powerfull to care about the name getting taken.
3) just plain stupid

I thought hey if they dont pay for it or attemp to renew its open game for all. My question again is who owns the name? who has rights to the name? do i have some obligation to help these people or do they simply lose a huge asset...

Thanks again for your thoughts and posts...

 

[Silverwire]

The question has been answered but your conscience is still bothering you.

No TM=your name.

Btw, Berryhill has spoken, you can take it to the bank.

 

[ib4s]

OK, cool...

Silver has told me so i will chill..hehe thank you all. I just like to work this to death...hehe

 

[jberryhill]

"No, their is no TM on the company name from what i can see ..."

I'll be accused of being a snob again, but from the gist of many dnforum postings on the subject of "whether there is a TM" my confidence level in self-assesments by the average dnforum poster on that subject is very low. To say that this is a term they may have been using in commerce on or in connection with their goods and services to distinctly identify their goods or services as originating from them IS to say it is a trademark. A trade name may or may not have functioned as a trademark, but this notion of "I didn't see it in the USPTO database, ergo it is not a trademark" appears to be some kind of self-reinforcing delusional virus around here.

It might be, it might not be.

While you chew on that, then read this:

http://www.arbforum.com/domains/decisions/114434.htm

You might also consider this landmark decision which was obtained by Ari Goldberger, which is worth quoting at some length:

http://www.arbforum.com/domains/decisions/98441.htm

------
There is an element of “finders keepers, losers weepers” in this decision. We believe that is as it should be.

In sum, where a party registers a lapsed domain name, and it is not attempting to use the name to compete with the mark holder or disrupt its business, we believe that ordinarily the trademark holder should be denied relief, whether the mark is a common law or registered mark, whether the mark is “strong” or “weak.”

We certainly recognize that domain name pirates may be lurking like buzzards to pick off “good” names which lapse. But that is true in any area of intellectual property. Failure to renew or extend those property rights, failure to protect marks and copyrights, and the like allow third parties to take advantage of the owner’s lack of diligence.
--------


YOUR MILEAGE MAY VARY - Take those words to heart. There were a lot of things that contributed to the results of those decisions which may not be present in your circumstances.

I do like that decision in case 98441. Ari solidly nailed that pitch right out of the ballpark and well into the parking lot.

 

[ib4s]

Thank you john,

Great cases and information.

I recieved my first contact email from the previous owners of the domain name that i got off a drop, they comment on the fact they are the past business owners of the domain name and then they ask is there any other business out their with the same name and therefore why would i want the domain name and what are my intentions for this domain name.

I look forward to the panels comments again.

 

[ib4s]

Other than resale and or future development (build a site)why would you want a domain name? I see that ULT search buys names soley for his search engine and point the domains to a generic page with the domain name at the top.

Is there a affiliate program that pays well based on pointing to a search engine... i feel so dumb now that i have been out of the loop.

ib4s

 

[ib4s]

Hi folks,

Just recieved 2nd letter from the past domain name owners and this is what they said:

Thanks for the reply,

Interested to know what kind of business you are operating?

We have currently re-registered under ????????.ca but our preference would be to continue as ????????.com. Can we interest you in transfering the registration of ???????.com back to us for a fee of $50 US.

Will await your reply.

Thanks ????????????

*What do you folks make of this, what should my next step be?

 

[domainAddict]

Tell us what the name is, otherwise its hard to suggest anything.

 

[ib4s]

sorry no can do.....

 

[opencg]

tell them to take there 50 bucks and register a new name :laugh: and get off your back your not obligated to tell them what kind of business your running anyhow its none of there business, nothing comes free in life either pay for it or keep it moving you can judge them for harassment but they cant judge you for anything dont tell them anything.