what to do with this name?

[BottomFeeder]

this morning, I got a certified letter from a Beverly Hills IP firm, on behalf of a major motion picture studio they represent, regarding a _____movie.com domain they say is infringing. Of course, they want me to turn it over to them. However, the name i have is not the exact title of the movie to be released; more of a typo. What I'm wondering: do I have any play here to ask for compensation to turn over the name, or should I just do so for free with no hesitation and pray they don't sue me for the fun of it?
If anyone is interested in advising me, which would be most appreciated, i can give you specific details of the name privately.

-edit-

thanks for all opinions and help. issue is now resolved..
-

 

[DNQuest.com]

too vague to really help, but typo squatting is still squatting. It also depends on when it was registered, in the name is generic or unique, how it is being used, etc...

If they have a TM the name, they do have a good case. So it depends on many factors,,,

 

[BottomFeeder]

good points... thanks. i do have to be vague in a public forum, i feel. It's the name of a tv show being made into a feature film, to be more clear. there is no trademark on the term, according to the USPTO database, too. so that's why i'm wondering

 

[Dave Zan]

Aside from the name, does it "show" any hint it's associated with the TV show
somehow? (e.g. parking page showing competing ads, current site re: the TV
show, etc.)

An extensive TM search might also be in order...if you're up to it. :becky:

 

[Samuel]

Hi BottomFeeder,

1. Was it registered before the Show came on screen/tv?
2. Personally I believe that a Trademark or Copyright search done by a domainer like me and you is kind a basic search. In your situation it should be done by a professional specialized in that field.
3. Is it worthy to fight for, I mean XXXX or more? You should contact John Berryhill who is a good-standing member of this forum. I believe his id is jberryhill.

Sam

 

[BottomFeeder]

@dave zan: I had the page parked for quite some time. I took it down after receiving the letter this morning. I don't know if ads relating to the show were ever present on the page; i think the system picked up "movie" as the keyword, mostly.

Sam,
no, it's not a domain i would ever want to fight for. what i'm wondering is: would it be safe to ask for, say, $500 before I transfer the name, or should i just do so with no fuss? another question: do law firms like that have acquisition money, or would that be barking up the wrong tree?

thank you, both.

 

[Joe]

if they were interested in buying it from you, they wouldn't have sent a c&d, no? Instead, they would have said something like this: "Hi, would you be willing to release the domain to us? If so, we can offer you $XXX for your troubles. Advise."

-Joe

 

[Samuel]

Hi BottomFeeder,

We're living in a "Big fish eating small fish world of domainers." Some times they(big companies) are right, some times they're wrong. But most of the times it's the small fish(domainers) are the loosers.

Did they offer you any money? NO. In most of the cases big companies think of all small domainers as Squatters and if you ask them for money it prooves that(as per their definitions). It's not barking at the wrong tree but giving them the proof by yourself.

In my opinion, if it's not worth a big amount just transfer it and get rid of it. If domain is worth a big money and after getting legal advise, if you have some $x,xxx spare, you should fight.

Because once if they legally put that Squatter "stamp" on your back it will affect your domain business forever.

Did you check with Mr. Berryhill or any other legal pro?

Sam

 

[DNQuest.com]

good points... thanks. i do have to be vague in a public forum, i feel. It's the name of a tv show being made into a feature film, to be more clear. there is no trademark on the term, according to the USPTO database, too. so that's why i'm wondering

Did you register the domain because of the TV show? That would show they do have a common law TM and they wouyld be able to prove it (timeline of airings, the popularity (it is being made into a movie)). What is the premise of the show? did your ads have some of the same subject matter?

Well, you can try to claim you were "developing" the domain and had it parked until you were ready. But the big fish do eat lil fish.