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Domain sale page content and it's legal implication.

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Success

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Let's discuss about domain sales page content and it's legal implication.


For example, in the the following phrase, do you think you will lose out on the "bad faith" part?

"The domain name you are looking for has been reserved for a future project.

The owner of this domain might be willing to sell it."


What are the recommend sales page content? What shd you avoid on your sales page?
 

draqon

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this is definetely an example of bad faith. it is better to say "this domain is current being developed. If you have any questions about our plans for the domain, feel free to contact us at .

Another thing to avoid is having a blank page with nothing visible except a traffic counter. WIPO has ruled that this also constitutes an 'offer to sell' and therefore should be avoided.
 

Bob

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It would be GREAT if Mr. Berryhill would comment on this question. I have often wondered the same thing.

-Bob
 

Success

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dragon, thanks for your info on the traffic counter issue.

Any other member keeping track of WIPO issues and decisions?
 

jberryhill

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Offering to sell a domain name is not per se bad faith. If the domain name was registered because you knew it was a trademark, and the value you are seeking to derive from selling the domain name derives from its value as a trademark, then, yes, you are trying to make a buck off of someone's trademark. The text on the page is immaterial. It really depends on the name.

Now if you have reserved the domain name for future use but you are willing to sell it, that's fine. But if you simply registered the domain name because you want to sell it, then I don't see where being a liar makes you look any "better" to anyone. In fact, it makes you look worse.

Personally, I think "domain name for sale" pages are a dumb idea anyway. If someone wants to buy a domain name which is registered, they are perfectly capable of looking at the whois data and making an offer. I don't have a "for sale" sign on my car, but if someone wanted to buy it, I'd listen to what they wanted to offer. That's the way the world works. If you have enough money to offer, you can buy my left leg, but I don't walk around with a "for sale" sign on it.

In the meantime, by posting a "for sale" page, you are missing out on any opportunity there may be to capitalize on whatever traffic the domain name might get. What's the point of that?

Looking at one case where there was no response, and making some general conclusion for all possible domain name is also pointless. There are plenty of UDRP decisions involving speculators who were selling generic words as domain names, and for the most part these cases are won by the respondent if they bother to file a credible response. Similarly, there are also cases where respondents have curious ideas about what constitutes a "generic" name, and were unable to produce any black and white evidence of their specious "future plans".

So, if I understand you, the question is "Will lying about my intent in registering the domain name help me?"

That's a no-brainer.
 

Success

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Thanks for replying.

This thread is not about "Will lying about my intent in registering the domain name help me?"

This thread is about how to protect your rights from companies which attempt to get your domains when you do not register in bad faith.

I register names which I want to use or keep. While I am open to offers for my domains, I do not purposely register trademarked names for the purpose of cybersquating or to profit. I think most of us are in this position.

I guess you have read of cases where companies use their financial means to try to get control of some innocent registrant's domains. Some even send crappy "C or D" letters when they totally have no rights to the names.

I do not really agree with yr stand that "domain name for sale" pages are a dumb idea. Some other members can comment on this. Using your example, if your car iis for sale but no one know about your intention then you may have to wait for a long time for someone to make you an offer.

I agree with you that we should capitalize on whatever traffic the domain name might get. However, some of us own many domains. Some people use a "for sale" page for those domains which they have yet to develop.

Thanks again. I appreciate the info and analysis in your post.
 

jberryhill

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"I guess you have read of cases where companies use their financial means to try to get control of some innocent registrant's domains. "

I've heard of that from time to time. I've defended quite a few.

The question as originally stated was about "domain sales page content", and not about "domain name planned for development content". If you look at paragraph 4 of the UDRP, you'll notice the word "demonstrable" precedes the word "preparation". Simply saying that you have some notion that you might use a domain name for something someday, along with $.50, will get you a cup of coffee. It will not at all influence the impression of an average UDRP panelist.

There is absolutely nothing at all wrong with registering generic words and phrases for resale. To the extent that a panelist gets the notion that you are less than forthright, then arguing that you have some kind of vague unformed plan is more of a hindrance than a help. If you could go through the effort of putting together some "for sale" content, then you can put together some relevant content. Otherwise, a panelist will be inclined to believe that you are simply advancing a post-hoc justification.
 

Bob

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Originally posted by jberryhill
There is absolutely nothing at all wrong with registering generic words and phrases for resale.

What about generic words that are also trademarked?

For example, I own Ponds.net. Could the facial cream company (Ponds) make a strong case against me because I own their company name even though "Ponds" is obvioulsy a generic / dictionary term? Or would this be an "easily"defended name if the company wanted to try to take the name away from me?

Thank you for your time and input.

-Bob
 
D

dkny

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Originally posted by Bob


What about generic words that are also trademarked?

For example, I own Ponds.net. Could the facial cream company (Ponds) make a strong case against me because I own their company name even though "Ponds" is obvioulsy a generic / dictionary term? Or would this be an "easily"defended name if the company wanted to try to take the name away from me?

Thank you for your time and input.

-Bob


This is a tricky question. Now, it depens on how you use the Ponds.net. If you did not do anything after 3 years of registeration, or worse than that you put up ads for cosmetics products those belong to Ponds' competitors, you'll more likely to lose the case.

On the other hand, if you up a picture of a ponds in front of your house or something similar, you're more likely to win the case. And it will be much more stronger if you develop it, so it legitimate use and you have full right to own the name.
 
D

dkny

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well, bob, just saw that you really own Ponds.net and put it up for sale.

well, well, well...

:D
 

Bob

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Originally posted by dkny
well, bob, just saw that you really own Ponds.net and put it up for sale.

well, well, well...

:D

Yes, I own Ponds.net. It has been for sale for 2 years now.

I have not been contacted by Ponds the company. This was a curiosity question, as I do have other names that fall into this category too.

-Bob
 

Success

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How to let potential buyers know that we are open to offers while protecting ourself from companies who are trying to get our name unscrupulously through legal means?
 

jberryhill

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The point is that you do not need to let "potential buyers" know you are open to offers. This is the planet earth, and communism has not been popular here for a while. If you have something, and someone else wants it, they can generally figure out what they might do to get it. I do not know anyone with an appreciable number of domain names who does not receive offers to purchase names from time to time.
 

Success

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Thanks for informing me that his is the planet earth, and communism has not been popular here for a while. :rolleyes:

yes and i believe that some companies do not know what domains they may want. It may not come across their mind before. So, by sending them an email to inform them of a suitable domain which you think they may be interested, they might consider it.
 

jberryhill

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Spam^H^H^H^H Emailing solicitations is an entirely different issue than what to put on a parking page. If the domain name hadn't come across their minds, then, of course, they wouldn't be looking to see what is at the parking page.
 

Success

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Do you count sending a personalized email to the correct person who is in charge of website or domain administration as spam?

I am talking about a few emails here with proper name and contact emails. Not hundreds standard ones.

It is sad that even decent communication emails are deemed as spam.

Just a question, do you talk like that to people around you? You don't give me the impression of someone friendly.
 

CoolHost.com

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"Success" - I would suggest that you READ the posts completely. Mr. Berryhill has broken it all down for you, if you cared to read the replies carefully. I think he's trying to help you, more than asking for your friendship. Just a thought.
Thanks and Good Luck.
-Meg :)
 

Success

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Yes, I know Mr. Berryhill is trying to help.
 

CoolHost.com

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That's all I'm saying. We're cool.
Thanks and Good Luck.
-Meg :)
 
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