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Big company want my domain name...?

Chiptivo Avatar
6y, 5m agoPosted 6 years, 5 months ago
Hi

I have received a letter from a major US company of which I own a UK equivalent domain that they want. They have started to use the same context which contains my domain name for other country's and now want the UK one (Which I have owned and used for nearly 10 years)

They claim in a nicely written letter that I am using their trademark as part of my domain, and they claim I can not use it???

They want me to contact them within 21 days to come to a amicable solution, or then it will be passed to a legal team???

Any advice on how to proceed with this, I use the name for all my email forwards, so it will be a pain...
Chiptivo Avatar
6y, 5m agoPosted 6 years, 5 months ago
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#1
What is the name????
#2
You could make some money selling it to them, go in with a high price would be what i would do, but then i don't have a clue really, sure someone can help you properly!
#3
Load of rubbish on their part. Domain names are valid except when registered in bad faith - i.e. deliberate cybersquatting in which case they would take you to WIPO for arbitration of the issue. As you've used it for ten years you don't look like a cyber squatter. You don't have to give it up - you may wish to find out how much they would offer though.
#4
You valued your domain?
#5
ask for about 1k dont go in with stupid amounts even if you get a few hundred youve done well
#6
What is it then?! the bigger the company the more they will pay
#7
go on whois and see when theres was registered. If it was registered before yours they can get the domain off you. Domains with registered trademarks in them are not allowed such as appleaccessories4u.com (example - apple could take that)
#8
stand your ground nevertheless.
#9
GentleTouch
go on whois and see when theres was registered. If it was registered before yours they can get the domain off you. Domains with registered trademarks in them are not allowed such as appleaccessories4u.com (example - apple could take that)


I am in the process of taking the whois off, as nominet opted me in as they said the site was commercial, I have sent a nasty email to them to get my address removed, when this is done I will post it up as I don't want my address all over the internet.

They have been trying to get my details for a while.

I have quoted this post as it is similar, but much much bigger for them.

I added two letters to the company name as it is referred to as this to most people.. The company have ran for my format in the US, AU, EU and other countries after I registered. It is now commonily know as my domain name.

I think they are planning to relaunch in the UK as they are huge in the US and AU.

Happy to sell it, I understand, if I have breached the trademark, they would have to spend around $1500 to get it through a court... But I have never used it to just try and take money, but genuinely used it personally for years...????
#10
Bend over and let them have it, at least its been consentual.
banned#11
whatsThePoint
If you were using it first, tell them to stop using your name
value would depend on how big a company they are, if they are multination your talking possible 6 figures



you obviously have no idea of how trademark law works
banned#12
colinsunderland
whatsThePoint
If you were using it first, tell them to stop using your name
value would depend on how big a company they are, if they are multination your talking possible 6 figures



you obviously have no idea of how trademark law works


Or the English language!
banned#13
see how much the company is worth and how much they could benefit from your domain
#14
If it's a major US company, then the site is worth major money UNLESS there is a law that suggests you are in the wrong? Which I highly doubt.

From what I know, unless you are pretending to be them or using the site against them i.e. business or blackmail, then it's yours.

So if they really want it, then get the site valued professionally.
#15
Get the estimated value of their US domain online, I know views are normally to do with costing, but like you've said, if it is a big company, then that changes.

And you've owned it for 10 years? That's a big leg to stand on if they try to play dirty.
banned#16
If they've owned the trademark longer than you then you will lose in court and have to pay their legal costs.
1 Like #17
lumoruk
If they've owned the trademark longer than you then you will lose in court and have to pay their legal costs.


They have owned the trademark longer than me, but it is my personal site.

I am in the process of creating a landing page stating it is nothing to do with the company etc....


I could do with a free webpage hosting site if anyone has any ideas..????


I notice apple do not own

http://www.apple.co.uk


How do they get away with keeping that??
#18
best advice is to go and see a solicitor, they will give you free advice and look over the letter for you
#19
apple dont own apple.co.uk because its a generic word. Just because there is a company called apple, doesnt meant they are entitled to own that domain name. If you owned apple.co.uk and wanted to start an electronics company that mirrored apple themselves and use apple.co.uk as your website, im sure they'd hurl you into court and sue you and you would lose. But if you used apple.co.uk as a website to show the world how much you loved apples (the fruit) then theres nothing they can do.

As long as you arent in competition with the company and are NOT using the domain name to lure people into a false sense of security or to pinch there customers in anyway shape or form then theres nothing they can do, regardless of who owns the copyright to that said word/brand etc.

I own a domain name that is the abbreviation to some sort of medical disorder, however the same 4 letters make up my intials. Just because this condition exsists doesnt mean I have to give the domain up to the society for the disorder. Its mine as I registered it years agooo, and ive just as much right as they have.

If your name was mark jacobs and owned jacobs.com the company that makes jacobs cream crackers couldnt force you to sell the domain as youve got just as much right to it as they have, only got there first.

Thats how I understand it.
1 Like #20
lol whatever you do, do not reply asking for money.

Just tell them if they have a problem to contact Nominet.

Specifically the DRS section here, be sure to point out though before they file the complaint to read the information found here.

You should probably read it too so you know what you can and cannot do. For example, offering to sell the domain is probably a bad idea and it can be held against you if they do file a complaint with Nominet.

-edit

Oh and when you do get the details changed so we cannot see your information via whois, do not post the domain here anyway. If they come looking and find this thread, they will try to use it against you in any way they can. The letter they sent is probably just fishing for a response to give them ammo.



Edited By: PhearFactor on Jul 31, 2010 19:58: .
Edited By: PhearFactor on Jul 31, 2010 20:01: .
#21
PhearFactor
lol whatever you do, do not reply asking for money.

Just tell them if they have a problem to contact Nominet.

Specifically the DRS section here, be sure to point out though before they file the complaint to read the information found here.

You should probably read it too so you know what you can and cannot do. For example, offering to sell the domain is probably a bad idea and it can be held against you if they do file a complaint with Nominet.

-edit

Oh and when you do get the details changed so we cannot see your information via whois, do not post the domain here anyway. If they come looking and find this thread, they will try to use it against you in any way they can. The letter they sent is probably just fishing for a response to give them ammo.




Many thanks for the info, especially the nominet links...

Will ignore it for now.... I would cash in if I could, but it never was my intention...
#22
Find out the contact details of one of the organisation's competitors & see if they would be interested in buying the domain from you instead.

Of course, the original letter could be a scam; somebody trying to get you to release the domain name to them in order for the scammers to re-sell it.

Tread carefully here.

GoDaddy.com are a respected service (in the US) that can value the domain name for you (& find a seller for a fee).

BFN,

fp.
banned#23
whatsThePoint
basically says the same as me here
here


which bit?
#24
colinsunderland
whatsThePoint
basically says the same as me here
here


which bit?


He couldn't quote which bit without infringing copyright! ;)

BFN,

fp.
#25
khy86
best advice is to go and see a solicitor, they will give you free advice and look over the letter for you


2nd that...................Don't take no crap from these muppets.......................Get a solicitor to represent you properly and watch them be all nice nice.

renagade27
#26
When did you register the domain, and when did they register theirs? Are they a limited company? Do they have a trademark on the name?

Are you using the site for commercial reasons? Are you targeting the same keywords / selling same products? Are you trying to copy them? Trying to pass off as their website?

They can't demand the domain unless you're either passing off as them or they have a trademark on the name.

I would definitely get advice from someone who deals in intellectual property rights. I know of someone who registers IP rights, who might be able to advise you better.

PM me if you would like their contact details! Good luck
#27
I'm surprised no-ones asked, which company is this??
#28
Met-Cast
I'm surprised no-ones asked, which company is this??


if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois
banned#29
shamus1975
What is the name????

Met-Cast
I'm surprised no-ones asked, which company is this??


it was the very first post :/
#30
numptyj
Met-Cast
I'm surprised no-ones asked, which company is this??


if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois


Also, I have been advised that it is best I don't post in case my views in the thread are picked up.
#31
Chiptivo
numptyj
Met-Cast
I'm surprised no-ones asked, which company is this??
if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois
Also, I have been advised that it is best I don't post in case my views in the thread are picked up.

That would only happen if you made link clickable ..
#32
dontasciime
Chiptivo
numptyj
Met-Cast
I'm surprised no-ones asked, which company is this??
if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois
Also, I have been advised that it is best I don't post in case my views in the thread are picked up.


That would only happen if you made link clickable ..


?
#33
dxx
dontasciime
Chiptivo
numptyj
Met-Cast
I'm surprised no-ones asked, which company is this??
if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois
Also, I have been advised that it is best I don't post in case my views in the thread are picked up.
That would only happen if you made link clickable ..
?

referral
#34
dontasciime
dxx
dontasciime
Chiptivo
numptyj
Met-Cast
I'm surprised no-ones asked, which company is this??
if you read this thread you would have seen the OP said he doesn't want to say until he gets his address removed off the whois
Also, I have been advised that it is best I don't post in case my views in the thread are picked up.
That would only happen if you made link clickable ..
?


referral


You seem to be implying that Google only picks up on words that are hyperlinks.
#35
dxx
You seem to be implying that Google only picks up on words that are hyperlinks.


Which isn't true, Mr G will pick up any words....
#36
I mentioned nothing about google.

But here you go Spider

Edited By: dontasciime on Aug 01, 2010 16:34: lol
#37
#39
So he could have spelt them out in stop words.
banned#40
faevilangel
When did you register the domain, and when did they register theirs? Are they a limited company? Do they have a trademark on the name?

Are you using the site for commercial reasons? Are you targeting the same keywords / selling same products? Are you trying to copy them? Trying to pass off as their website?

They can't demand the domain unless you're either passing off as them or they have a trademark on the name.

I would definitely get advice from someone who deals in intellectual property rights. I know of someone who registers IP rights, who might be able to advise you better.

PM me if you would like their contact details! Good luck


a post on the first page says they have owned the trademark longer than the op has owned the domain

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