Need Quick Help

[domainstosell]

I have a domain - F F X I V dot com. I got a phone call last night from counsel at Square Enix, the company that makes the Final Fantasy video games. Now, in my stupidity, I parked the domain, and while I didn't set a keyword, I didn't filter any either, so there are Final Fantasy ads all over the parked domain.

The lawyer was kind of rude at first, but I am a big fan of the games, and I told him my intention was to make a fan site but I never got around to it. He realized that I am a fan, and we talked gaming for a bit, and then he said that since I was infringing on their mark, even though I claim I had no bad faith, they wanted me to hand over the domain.

They sent me a follow up email asking for the auth codes. I did my research, the email and all parties involved are legit - it's the real thing. However, I couldn't find any trademark info for FF XIV (a title which isn't even in production, since the 13th installment of the game hasn't come out yet), and I noticed that FFXIII and FFXII are both held by private parties in the .com.

The domain isn't a huge deal to me - I'm not making any money off of it and I really was just going to do a fan project on it at some point. I'm really just wondering, where do I stand legally? Can I ask to recoup my costs for the past couple of years of renewals or more? Or should I just leave well enough alone and hand it over, no questions asked?

Thanks!

 

[domaingenius]

I have a domain - F F X I V dot com. I got a phone call last night from counsel at Square Enix, the company that makes the Final Fantasy video games. Now, in my stupidity, I parked the domain, and while I didn't set a keyword, I didn't filter any either, so there are Final Fantasy ads all over the parked domain.

The lawyer was kind of rude at first, but I am a big fan of the games, and I told him my intention was to make a fan site but I never got around to it. He realized that I am a fan, and we talked gaming for a bit, and then he said that since I was infringing on their mark, even though I claim I had no bad faith, they wanted me to hand over the domain.

They sent me a follow up email asking for the auth codes. I did my research, the email and all parties involved are legit - it's the real thing. However, I couldn't find any trademark info for FF XIV (a title which isn't even in production, since the 13th installment of the game hasn't come out yet), and I noticed that FFXIII and FFXII are both held by private parties in the .com.

The domain isn't a huge deal to me - I'm not making any money off of it and I really was just going to do a fan project on it at some point. I'm really just wondering, where do I stand legally? Can I ask to recoup my costs for the past couple of years of renewals or more? Or should I just leave well enough alone and hand it over, no questions asked?

Thanks!

The only tiny glitch is the fact of the final fantasy adverts showing. It might be hard to fight that, but overall I would NOT give them the domain.
I would write and ask them straight out "Please advise exactly what
rights you claim in the name xyz and on what basis you aver those rights exist " ?. Then review their reply.

DG

 

[domainstosell]

Thanks for the info. I can also show a whole list of similar sites - some have fan sites, others simply parked - that are the same situation. Does that hold any relevance?

 

[domaingenius]

Thanks for the info. I can also show a whole list of similar sites - some have fan sites, others simply parked - that are the same situation. Does that hold any relevance?

One step at a time. First thing to do is what I suggest above and then
you know exactly where you are. Given that you have posted the names
on here I would be careful what else you say in this thread that might be
picked up by them.

DG

 

[flamewalker]

Some companies, if you apologize and remove it from parking, they may drop it... you might want to see if you can get a consult from a lawyer on this one as the wrong move could land you in hot water.

 

[jdk]

For one, I would tell them to only contact you via certified mail and do not answer phone calls. Email may be ok, but I would first tell them to contact you via mail.

 

[Developper]

First make yourself clear:
- Do you really WANT that name?
- Do you really NEED that name?
- WHAT are your short time goals?
- And what is your final goal / exit strategy?

In case you have no answers to these questions: Simply hand it over, or erase it.

In case you have answers, then you have the answer, no?

Probably you should:
- Take down parking ASAP.
- Put on immediately some generic page without monetization! A fan site is mybe OK.
- Move that name out of the USA
- Don't use USA NS, Hosting or Registrars

That all within the next 2h, not the next 2 weeks.

If that all is too much trouble: Erase the domain or hand it over.

Ort gamble, and wait what they do. But sou do not want to use them National Arbitration Forum, because all cases are publishd in the net, and this case sticks with you forever.

Hmm, I have a sticky keyboard here. Is it possible to edit a posted reply?

 

[EnricoSchaefer]

You were smart to check the trademark. If there was infringement, it may have been on the use of words on the site, not he domain name. You could have legitimate defenses here. Developper is right, though. It is a question of money and the willingness to send a letter through counsel noting your defenses and fighting them off.

 

[domainstosell]

Thanks everyone, and thanks Developper - I think your advice was great. I would have loved to fight the good fight for the principal of it, but ultimately, I don't NEED the name. I just liked it. I also don't need the headache and hassle of fighting for it now, especially for a domain that was originally just going to be a "fun project" anyway.

I came to simple terms with them and am giving over the name.

Thanks all for the help and advice.

First make yourself clear:
- Do you really WANT that name?
- Do you really NEED that name?
- WHAT are your short time goals?
- And what is your final goal / exit strategy?

In case you have no answers to these questions: Simply hand it over, or erase it.

In case you have answers, then you have the answer, no?

Probably you should:
- Take down parking ASAP.
- Put on immediately some generic page without monetization! A fan site is mybe OK.
- Move that name out of the USA
- Don't use USA NS, Hosting or Registrars

That all within the next 2h, not the next 2 weeks.

If that all is too much trouble: Erase the domain or hand it over.

Ort gamble, and wait what they do. But sou do not want to use them National Arbitration Forum, because all cases are publishd in the net, and this case sticks with you forever.

Hmm, I have a sticky keyboard here. Is it possible to edit a posted reply?

 

[Developper]

Always good to help others!

I also need help: Sometimes I see a button "edit" at the end of a reply, sometimes not. How can I edit one of my postings, when there is no "edit"? Is recession already so deep, that "edit" is only on for some hours of the day avaliable, in order to save computingtime?

Alexander

Thanks everyone, and thanks Developper - I think your advice was great. I would have loved to fight the good fight for the principal of it, but ultimately, I don't NEED the name. I just liked it. I also don't need the headache and hassle of fighting for it now, especially for a domain that was originally just going to be a "fun project" anyway.

I came to simple terms with them and am giving over the name.

Thanks all for the help and advice.

Ha, now for example I do not see the button "edit". But when I write this here, it seems to automaticly add to my previous posting.....

No it doesn't. Damn, I am since 1997 in the industry, but I managed to not use forums for 10 years, so this is a tricky world for me....

 

[Stian]

Always good to help others!

I also need help: Sometimes I see a button "edit" at the end of a reply, sometimes not. How can I edit one of my postings, when there is no "edit"? Is recession already so deep, that "edit" is only on for some hours of the day avaliable, in order to save computingtime?

Alexander



Ha, now for example I do not see the button "edit". But when I write this here, it seems to automaticly add to my previous posting.....

In certain forum sections, it is not allowed to edit (like this one, legal section).

 

[Developper]

TNX a lot.

 

[domaingenius]

Surely you could at least squeeze US$2000 or so from the deal ,even from
them ?. If they really do want it they will pay. Better 2000 than nothing.

DG

 

[flamewalker]

... and get a udrp finding against you? A company of that size would likely not flinch at $3-5k for a WIPO, rather than pay.

 

[domaingenius]

... and get a udrp finding against you? A company of that size would likely not flinch at $3-5k for a WIPO, rather than pay.

On several occasions I have managed to squeeze few thousands $ from
companies who threatened me. I know it is not always possible and
depends on situ, but this one I think you could if they want the
domain. I had one were I was on conference call with the complainant,
the Judge himself and myself having been sued under the Millenium act
or whatever it is, and they coughed up even then. As I say I know
its not always possible but depends on few things. I bet you if I took
this domain over I could get couple thousand $ from them.

DG