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My another TM domain, what to do?

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Dynadot - Expired Domain Auctions

Focus

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Reply back that for a convenience fee of $999 (less than an icann dispute)
you can transfer the name over to them immediately no problem otherwise you will be happy to defend your position in it's ownership and usage that is not related to their site or brand in any way shape or form. :)
 

Andrew Shaw

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What was the notice in the form of? Certified mail or Email?
 

Focus

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ps- considering that it doesnt appear to get much if any traffic (they are'nt losing anything) they must have stumbled upon it due to wanting to have it for their usage for a rewards program, etc...maybe someone in their marketing dept tried to reg it and found out you had it..
 

DNQuest.com

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topdomain... a very good post... you admitted to a mistake and took the proper action....

Mocus - I can't beleive DNF would keep an admitted squatter around imho... everyone should avoid his opinions at all cost.

ashaw - It does not matter how he received it, as long as he received it.
 

Andrew Shaw

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DNQuest, although a C&D can be sent Via email, it will most always be followed by a Certified letter. Anyone can send you an email, a C&D sent via Certified mail would be sent on a company letter head. There is a chance that the email is a scam, as it's been done before. I'm not suggesting that you fight this battle. You have to choose your battles. If you registered the name in bad faith, or it means nothing to you; get rid of it. Even if its not a real C&D then push the obligations off on someone else. If you hold dear to the domain name, wait for the certified letter. Then send it over.

Im not an expert, and you should make your own decisions. I am just giving you my advice as best as I know how.
 

Domagon

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ashaw, It's in Email.

... email from one of thier IT managers, so that tells me that they want this domain for their use(may be for rewards program)...

The IT manager likely doesn't have the authority to authorize a purchase of any significant amount for a domain name. Basically, it sounds like he's asking for you to hand it over for little to nothing (ie. less than $100).

In regards to legal issues ... the time to start worrying is if and when their legal department contacts you via certified postal mail.

With that said ... in my view, unless the domain is earning more than a few dollars per day, you'll likely do better to just delete it; handing it over directly to IT guy may be ok, but if it appears the legal dept is going to get involved despite your cooperation, then you may do better to delete immediately to avoid complicating issues.

If it's earning some decent money, then fighting for it / working out a decent cash settlement may be worthwhile.

Ron
 

MobileDesigner

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from my current experience, a large trademarked company formally complained to WIPO and i received the complaint from that company, via WIPO. It costs complainants $1,500 to file with WIPO. How about telling the trademarked company about the fee. And it would not guarantee that they would win. its a gamble for them. But what is certain is that for $1,499.99, they can have it without the wait and gamble. It would be definate, fast and 1 cent cheaper!
 

DNQuest.com

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DNQuest, although a C&D can be sent Via email, it will most always be followed by a Certified letter. Anyone can send you an email, a C&D sent via Certified mail would be sent on a company letter head. There is a chance that the email is a scam, as it's been done before. I'm not suggesting that you fight this battle. You have to choose your battles. If you registered the name in bad faith, or it means nothing to you; get rid of it. Even if its not a real C&D then push the obligations off on someone else. If you hold dear to the domain name, wait for the certified letter. Then send it over.
.

While I agree there are scams and it is always good to verify information received, a C+D can be sent from any authorized person, it does no have to be followed up with a certified letter. A C+D does not have to be a certain number of pages long, it does not have to cite laws or precedents. All a C+D has to be is (in relation to domain):

We have a TM,
you are violating that TM
Stop using the domain/give it to us

That is all that is needed. It can be sent from a lawyer, a company official, IP director or even a peon if they are authorized to do so. People think C+Ds are supposed to be a complicated, completely formal document sent certified mail. It does not. Hell, I sent a C+D via PM.. the problem was resolved
 

actnow

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There use to be someone on DNF that use to suggest changing the whois
exactly the same as the TM companies domain. But, use to leave the
nameserver pointed towards his ppc site.
(Note - it also means you are profitting from their trademark.)

I'm positive it is not the proper way to do it. But, it is one option.
(Personally, I wouldn't do it that way.)

If you have any doubts, initiate deletion.
The irony is that another domainer will grab it.

If you don't have deep pockets and you attempt to keep it, it will become a "no-win" situation.

(Disclaimer - I'm not a lawyer.)
 

Focus

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Mocus - I can't beleive DNF would keep an admitted squatter around imho... everyone should avoid his opinions at all cost.

Thanks for the kind words my friend, glad to know it's ok to flame other people in other peoples threads here on DNF. You don't know me. :rolleyes:
 

petrosc

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Thanks for the kind words my friend, glad to know it's ok to flame other people in other peoples threads here on DNF. You don't know me. :rolleyes:

Yeah I read DNquest's post the other day and I said to myself... he can't be serious, how can you talk like that about people?
 

Rockefeller

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Reply back that for a convenience fee of $999 (less than an icann dispute)
you can transfer the name over to them immediately no problem otherwise you will be happy to defend your position in it's ownership and usage that is not related to their site or brand in any way shape or form. :)

I agree. If they wanted it you would receive a certified letter. It could be anyone sending that letter.
 

Andrew Shaw

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Exactally my point. To anyone who doesnt believe that... Please PM me your email address'
 

katherine

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I don't think countering with a 'convenience fee' is the right thing to do. It's definitely a sign of bad faith and asking for trouble. Most likely the domain is not worth fighting for. Be nice, hand over the domain and move on.
Make sure you are dealing with an authorized person and demand proof where appropriate, after all it could be anyone.
 

DNQuest.com

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Thanks for the kind words my friend, glad to know it's ok to flame other people in other peoples threads here on DNF. You don't know me. :rolleyes:


I am very well aware of your point of view by all of your posts from the past year. Merely pointing out that your opinions are the reason why companies and courts come down hard on domainers.

"Reply back that for a convenience fee of $999 (less than an icann dispute)"

And it is reasons like this.
 
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