I have a name which has no TM-But i get legal notice.

[-ET-]

Hiya folks,

I registered domain when a company just annouced a brand which is similar to the domain which i registered.

The brand is neither registered nor trademarked,but i got phone call from the company asking
1)what is my intention with the domain i registered?
2)what do you plan to do with it?
3)you registered the domain after the news broke off about the brand...why?

Can they sue me?is it infringing any trademark or anything releated?

So friends i need you help me on how i should handle it.

any help is appreciated.

Thanks,
Eldo Thomas.

 

[jberryhill]

Can they sue me?is it infringing any trademark or anything releated?

Well, that would depend to a great degree on your answers to those three questions.

In classic dnforum style, all we can tell about your registration of the domain name is that you registered it the way one might contract syphilis or have a car accident... there you were, just minding your own business and out of some unknown compulsion, boom, a domain name was registered.

 

[Dave Zan]

And boom, you got Bart rapping "Deep Deep Trouble".

Good luck replying to them.

 

[Duckinla]

So friends i need you help me on how i should handle it.

Just be honest with yourself about this question: Was your intention to typo-squat another company? I'm not passing moral judgement here but if the answer is yes, just transfer the name and go about your business. If you're going to play in typo-squatting (again not passing judgement) giving up a name now and again is a small price to pay. It's just a part of the cost of doing business this way. You can pay a much heavier price if you try to get clever or be stubborn.

 

[DomainsInc]

Just be honest with yourself about this question: Was your intention to typo-squat another company? I'm not passing moral judgement here but if the answer is yes, just transfer the name and go about your business. If you're going to play in typo-squatting (again not passing judgement) giving up a name now and again is a small price to pay. It's just a part of the cost of doing business this way. You can pay a much heavier price if you try to get clever or be stubborn.

I feel bad for people paying big money for myspace typos if this happened to them.

 

[AlienGG]

I always stay away from MySpace sort of thing unless it's free to reg fee.

ET, if you have the domain parked, make sure you don't use any keyword that triggers the ads related to the products the other company offers through the said brand. Best thing is to make it a portal site.

Filing a lawsuit is expensive. I don't think they are stupid as that.

 

[typist]

...there you were, just minding your own business and out of some unknown compulsion, boom, a domain name was registered.

"Unknown compulsion" is an interesting way of putting it . Bigger players usually refer to similarly mysterious acts as "automated registration".

Conceived through mysterious automation, these domains may also be terminated through similar mysterious acts, if they do not generate sustainable income. The resulting growth of a domain name portfolio is thus quasi-natural - an evolutionary process.

An intended implication of such automated, quasi-natural, evolutionary approaches seems to be the absence of bad faith: A natural, evolutionary, yet in its essence dumb, automated process is supposedly not capable of bad faith.

...there you were, just minding your own business and out of some unknown compulsion, boom, a domain name was registered.

Others believe that intelligent design offers a better explanation; they argue that certain features of domain name portfolios can be better explained by an intelligent cause rather than mysterious compulsions and dumb processes.

These proponents of intelligent cause seem to believe that intelligent cause may equal faith, apparently bad faith, in some cases.

The beauty of evolutionary creation; Faithless, dissenters and non-believers. Bad faith vs good faith.

Interesting debate.

 

[Gerry]

contract syphilis ound:

What an analogy. Domains and syphilis together..."Ooops! How'd that happen?" ound:

 

[Duckinla]

Others believe that intelligent design offers a better explanation; they argue that certain features of domain name portfolios can be better explained by an intelligent cause rather than automated processes and mysterious compulsions.

These proponents of intelligent cause seem to believe that intelligent cause may equal faith, apparently bad faith, in some cases.

The beauty of evolutionary creation; Faithless, dissenters and non-believers. Bad faith vs good faith.

Interesting debate.

Too bad your humor is probably wasted on 80% of forum members. Because it's actually very funny.

 

[-ET-]

Thanks for the help.

actually the domain is not a typo.i registered the domain name when a company launched a new brand.

The domain name exactly matches to brandname,but they have not registered the brand nor have trademarked it anywhere.it was just a launch.

thats the reason i am confused.

Similar case: Youtube.net was registered after the news came out about its popularity,but the time youtube.net was registered youtube.com had not trademarked it.so they could not get it.

 

[scorpio]

The name has there company name in it + another word added so how's it no TM ?

The parking pages show adv of same business line..

Bad faith they will show clearly as the news was out 3 days before you registered the name in National Newspaper..

Also Stupid abri in .in/.co.in not only take the name away they also impose a fine and legal cost.

But the name will be huge so do your calculated risk.

 

[-ET-]

The brand name is commonly used words.and the brand is never registered or trademarked.

The name was registered before the news broke out in the newspapaers.

Thanks.

 

[DomainMagnate]

Too bad your humor is probably wasted on 80% of forum members. Because it's actually very funny.

it is indeed, nice post typist )

 

[Mr. Deleted]

hand it over or risk having to pay 100K plus lawyer fees.

 

[DomainsInc]

hand it over or risk having to pay 100K plus lawyer fees.

Why would he have to pay lawyers fees? Isn't the worst that could happen is they file a WIPO and ICANN takes it away? Are there really cases of companies sueing individuals for registering domains?

 

[scorpio]

Why would he have to pay lawyers fees? Isn't the worst that could happen is they file a WIPO and ICANN takes it away? Are there really cases of companies sueing individuals for registering domains?

indiaparenting.in case the person was asked to pay 4000$..
www.inregistry.in , In IDRP the individual has to give the domain + legal fees + extra..

 

[Dave Zan]

and the brand is never registered or trademarked.

Sounds like they do if they're using the brand in commerce. And neither does
it have to be registered.

You asked for help, you got it, even if it's not what you expected. It's your
call.

 

[jberryhill]

The resulting growth of a domain name portfolio is thus quasi-natural - an evolutionary process.

Heh. You owe me a new keyboard.

 

[DNQuest.com]

Why would he have to pay lawyers fees? Isn't the worst that could happen is they file a WIPO and ICANN takes it away? Are there really cases of companies sueing individuals for registering domains?

The worst that can happen... hmmmm...

100,000K per domain
All proceeds gained from the domain (PPC, Adsense, the sale of the doamin)
Punitive damages (caused from thier loss of monies)
You attorney fees
Their attorney fees
Labeled a Cybersquatter
Time, effort and headaches

and yeah, loss of the domain, but there is no money in that, right?

There is a member here who listened to bad opinions on this site and the company he squatted on refused to negotiate and wanted to make an example of him, and they are. He could go pennyless... so it can happen. I have not heard the outcome or progress, the person hasn't been on in a while.

The brand name is commonly used words.and the brand is never registered or trademarked.

The name was registered before the news broke out in the newspapaers.

Thanks.

In true squatters point of view.. others were being nice, I'll be blunt. You heard of a company introducing a new brand, you decided to register it in hopes of squatting (IE- making money from thier brand). You arguement that it wasn't in the newspaper, well it doesn't have to be. I aThat makes you a cybersquatter. I'm guessing maybe you had some inside info, or maybe a family/friend told you. But it comes down to intent, you intend to squat, that makes you a squatter.

 

[-ET-]

Thanks for the info and help shown by my fellow dnf'ers,much appreciated.

The problem has been solved and thread shall be closed now.