[URGENT] Need an attorney's suggestion

[TopNames.com]

The thing is that this is not the .com, and the people trying to get this from me own the .com, and it is a blank page. It seems as if out of the two of us, I am the only one using the domain for anything. And my use is even non-profit.

If he owns the trademark...he can do whatever he wants. Besides taking the domain, he could sue you for damages and any profits you've earned on the domain.

I am not looking to sell the domain either. I would like to keep it. By sending an email with no mention of a price, I am automatically selling a domain?

IMHO, by sending the email you showed "bad faith" and I think you're going to lose the domain no matter what. Just my two cents.

 

[BLazeD]

I didnt read most of this discussion - but changing the domain name content now would be worse and may be seen as bad faith.

They would have most likely taken a screenshot of the domain as it was before they contacted you. Changing it to something else before trial is not good.

 

[007]

The thing is I am not changing the domain name content. I am leaving it as it was. I have made no profits from it, and I don't think there are any damages that can be found either.

I was under the impression that bad faith was trying to profit greatly with an unfair price due to someone's popularity. I never mentioned a price. There have been cases before when someone sends an email offering to sell a domain to a famous person for their exact out of pocket expense, and that's not viewed as bad faith, and according to ICANN it is not bad faith.

 

[Theo]

Making your own assumptions is the first step down.

 

[007]

Well there's a screenshot on the whois.sc site that was taken three months ago showing the site with an active page on it. That same content pictured is still on the domain currently.

 

[TopNames.com]

Making your own assumptions is the first step down.

THE FACT IS YOU ARE NOT THE TRADEMARK HOLDER...HE IS. Just because McDonalds isn't in some hick town does not mean I can open a McDonalds there...same as there is not a site on the other extensions, does not give you the right to open a site with his trademark.

He asks for advice and then ignores it. I've been down this road a dozen times...the fact is you emailed the trademark holder offering to sell the domain even though you didn't mention a price. That shows "bad faith" and I would try to recover my costs or just give up the domain rather than have a UDRP decision against me.

 

[007]

TopNames, I'm not ignoring anyone here. I appreciate all of your responses and thank you for your time helping me. I want to condider every possible legal option I might have though. I am going to try to talk to a lawyer on Monday or Tuesday next week as well. If they say I have no chance, then I guess I will just bite the bullet.

As for the trademark issue, their letter itself said that it is only trademark infringment when it comes to someones name, when you try to make unfair profit from the person. I never mentioned a price, like I said before. There are many famous people who have websites names after them, that are fan sites and sites such as mine.

Seriously though, I appreciate all of the advice, attorney and non attorney.

The letter I was sent had some inconsistant parts to it that I think I may be able to get an argument out of.

 

[TopNames.com]

OK, good luck to you.

 

[BLazeD]

the fact is you emailed the trademark holder offering to sell the domain even though you didn't mention a price. That shows "bad faith" and I would try to recover my costs or just give up the domain rather than have a UDRP decision against me.

lol, I never read that part. I agree with TopNames.com
You will lose the domain

 

[JoDomains]

Lot of people try to buy famous people's names and sell it to them. unless you can establish that you have a STRONG right in the name, you are going to lose it. The three points to prove in order for them to get the name are:
1- similar or identical to a trademark - They already proved it since it's the name of a famous person (regardless to the extension).

2- You have no rights or legitimate interests in the domain - This is your only fighting point, if you can prove you have rights you may stand a chance of keeping the name. The right to establsih a free site, or give free email isn't consider a legitimate interest.If you are named the same as the guy in question, that's legitimate interest.

3- The domain was registered and is being used in bad faith - They already proved this when you emailed them offering to sell it. EVEN if you didn't mention a price, OFFERING to sell is considered bad faith in UDRP.

So, my two cents are: hand over the name unless you like a UDRP decision against you. Good luck.

 

[jberryhill]

As far as the three lawyers you mentioned, they are all at the traffic conference in FLA.

...which was like dnforum in real time.

I sincerely doubt that any reputable attorney responds to posts of the "I need an attorney" variety.

the right to establsih a free site, or give free email isn't consider a legitimate interest.

Depending on the name, and depending on the use, that's not true as a universal principle.

 

[namedropper]

There has always been a live site on the site since I have owned it, hence I am not cybersquatting.

That doesn't make any sense.

Everything you've said so far sounds like it's EXACTLY cybersquatting. You registered the name of a famous person *because* it was a famous person who had already built up a reputation around the name. The only use you have mentioned for the name is to use it in some way to leech off of their good name.

1) It's their trademark.
2) You don't have an alternate use at all, let alone a legit one.
3) You got it in bad faith to use it related to their trademark without permission, *and* tried to sell.

That's strike three on the UDRP checklist.

Hand it over to them, consider it the price of becoming more educated about how trademarks work, and be thankful they didn't do a lawsuit where you'd have to pay damages in addition to losing the name.