Trademarked Name In Domain

[JoshCa]

Hey everyone,

I currently own a domain name that I don't do anything with at the moment. It has the name of a very large company within it and today I get an email from a IP company telling me this company is interested in owning.

They have offered $50 to cover transfer fees.

Where do I stand? I really don't want to let it go for just a transfer but I don't want to get sued.

Cheers
Josh

 

[mike33]

You could try to ask for more, but you can't use it anyway.

 

[JoshCa]

You could try to ask for more, but you can?t use it anyway.

Where do I stand if I want to keep it? Or what are the chances of me asking for more?

Cheers
Josh

 

[brendanblair]

If you want information go to Wikipedia > Trademark > Domains (Cybersquatting)

 

[infoasian]

It depends on trademark and use of domain. I.e. when your domain contains Apple, it does not mean you can not use it. Of course you can use buyorganicapple.com to sell food, but you can't use if to sell computers or media.

 

[imlol]

Are you sure they own the trademark? It doesn't sound like they do. I've never heard of a large company paying in a situation like this. I've had multiple C&Ds in this situation.

I'd make sure they own the trademark first. If they don't I would check how many visitors you're getting. If you're getting 1k uniques a day and they do not own the trademark I think it would be a big mistake to sell it for $50.

 

[loclhero]

hey what do i get if i become a junior member?

I don't know but you get neg repped for asking a stupid question in a completely unrelated thread.

 

[scorpion king]

If your domain has trademark name on it eg., applefood.com you won't face any problem unless you sell/promote/abuse or do any thing related with apple(brand) on your domain. Even in case of if you promote apple products on your domain first they ask you to stop doing it, then follows C&D letter if you continue they will seize your domain. If you are not selling any of there products all they can do is contact you to buy that domain.

If your domain name itself a brand name eg., apple.me, apple.co.cc etc., they will seize you no mater what.

 

[JoshCa]

Thanks for all your advice guys. The domain I own is to do with Movember (movemberaccessories. com). I originally bought it to help raise money for the cause, any amazon products sold they would get a donation of.

I got an email from Movember telling me to take it down as I was not an official sponsor (aka I'm not a big company).

Then I receive the below:

Dear Sirs
Registration and use of movemberaccessories. com
We write on behalf of the Movember Foundation in relation to the domain name
<movemberaccessories. com>.

You are likely to be aware of the Movember Foundation?s activities in raising funds and awareness for prostate cancer, testicular cancer and men?s mental health. More information can be found at movember. com. The Movember Foundation owns many trade mark registrations for the MOVEMBER brand around the world, and prides itself on being a key player in the fight against men?s cancer and the promotion of men?s health.

The domain name does not appear to be in use at the moment. As a non-profit health organisation, our client feels that movemberaccessories. com would be a great online presence; it could really utilise the large amounts of traffic to the website to help advance a truly worthy cause.

Our client would very much appreciate it if you would consider transferring ownership of the domain name to the Movember Foundation, and it would be willing to pay transfer costs of up to US$50 to cover your expenses for doing so. We look forward to hearing from you.

Yours faithfully



So, where do you think I stand?

Cheers
Josh

 

[brendanblair]

You can't make a profit from it. You can only give it to them and they pay for costs of transfer. As per cybersquatting laws.

As discussed, this domain would not be possible - as it is a global brand and a specific brand name, it is an impossible trademark domain to make money out of without being considered a squatter. Scoprion King provides a perfect example.

Edit: Even as a keyword domain it is also extremely terrible according to my keyword research.

 

[scorpion king]

Its your decision to transfer them or keep it yourself. Since you are into collecting donations for "Movembar" you can tell them your plan and make them understand you can get them some $$$$. And do start promoting it, if you don't have plans of promoting you can better flip it to them. Since its for charity you can stick with $50 they offered for transfer cost. If you ask more i doubt they can pay you.

As of now you are not using it so they can't go legally to acquire your domain. If you start collecting donations from your site i doubt they may send you C&D.
Better tell your plans and wait for there reply.

 

[systematic]

You can't make a profit from it. You can only give it to them and they pay for costs of transfer. As per cybersquatting laws.

As discussed, this domain would not be possible - as it is a global brand and a specific brand name, it is an impossible trademark domain to make money out of without being considered a squatter.

Not necessarily. It would be possible for OP could make a profit from it. Especially since he has a little leverage at this point.

Unless you have some bs morality reason OP, why not counter and try and score at least $150 on this. As you mentioned, they are a very big organization, they likely have plenty of money to throw around (hell they had enough money to hire an IP firm to chase you down.) Giving you $150 and avoiding any bad publicity or legal fight is small potatoes to them.

Respond to the email saying you had planned to use the site to host your business Movember Accessories, which is a combination of the word movie and ember "movember", and on your site you will sell movies, dvds, and movie posters and nothing realated to their organization. You also had planned to do reviews of movies as well. Say that $50 is too low for you to search out and find another brand name ready domain, but that for $150 it would make the process manageable for you. If they accept, good, you profit. If they don't, and they really start to put the pressure on you, take the $50.

 

[JoshCa]

Not necessarily. It would be possible for OP could make a profit from it. Especially since he has a little leverage at this point.

Unless you have some bs morality reason OP, why not counter and try and score at least $150 on this. As you mentioned, they are a very big organization, they likely have plenty of money to throw around (hell they had enough money to hire an IP firm to chase you down.) Giving you $150 and avoiding any bad publicity or legal fight is small potatoes to them.

Respond to the email saying you had planned to use the site to host your business Movember Accessories, which is a combination of the word movie and ember "movember", and on your site you will sell movies, dvds, and movie posters and nothing realated to their organization. You also had planned to do reviews of movies as well. Say that $50 is too low for you to search out and find another brand name ready domain, but that for $150 it would make the process manageable for you. If they accept, good, you profit. If they don't, and they really start to put the pressure on you, take the $50.

Thanks for this I have sent this to try my luck.

I'm not holding my breath though! Will let you know when I hear back.

Josh

 

[allegran73hm]

systematic's advice is good. It's doubtful you could make any money from the domain any other way so you should try to sell it back to the organization for as much as you can get.

 

[nerccissboy]

sell it for 10000$$$$$ :crying:

 

[JoshCa]

So I heard back from the IP company.

Basically they said they will keep an eye on the domain to see if it will be used to create confusion with them. I will see if they will up their offer.

Thanks for your help & advice guys.
Josh

 

[Swiftyy]

thanks!

 

[Hobocop]

I think I have to subscribe to this thread if you post any more updates..coincidentally I just grabbed a .com relating to a pretty big business that is going to be opening up here in Hawaii within the next couple years about 30 minutes ago (prior to reading your post).

 

[kvmcable]

I think I have to subscribe to this thread if you post any more updates..coincidentally I just grabbed a .com relating to a pretty big business that is going to be opening up here in Hawaii within the next couple years about 30 minutes ago (prior to reading your post).

Which is exactly why the US Government passed the Anticybersquatting Consumer Protection Act

http://en.wikipedia.org/wiki/Cybersquatting

Such a bad idea to think you'll profit off a trademark in the USA. If they want the domain they'll take it and won't have to pay you a dime. I've said it many times before, a company that has enough money to obtain trademarks typically has enough money to defend them.

You just threw money away.

The OP should have taken the first offer. Now they'll just wait and see if his website causes any legal definition of consumer confusion and file a complaint to seize the domain without paying him a dime. $50 was a generous offer for an trademark infringing domain.

 

[Cryppie]

Making a counter offer would bring you to the impression of bad faith or trying to profit out of a TM. An automatic infringe, just let it go. Keep away off legal trouble. Good luck.