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Really need help about domain ASAP please! and

Discussion in 'Domain Names & Parking' started by Beck420, Apr 17, 2015.

  1. Beck420

    Beck420 Newbie

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    Ok I have a question about a domain but it has a bit of story behind it...
    I build sites for a living for a company and recently started a LLC to begin building sites for some smaller business people and such. I was approached by a company that just patented a product and is most likely going to be a multimillion dollar business. He wanted a quote on a site so I scheduled a meeting and he sent a sales person to it. I gave them a quote roughly 10x lower than their next closest, because really I wanted the job for the business profile. They have a copyrighted name and product. They told me about the product showed me some filers they had printed and business cards with a domain name already printed. After the meeting I went home to find in amazement that it was not registered. I waited 24 hours then purchased it. 5 days later one of the owners called, using vulgar language, demanded I give him "his" domain. Told me there was no way I was building anything for them and he wanted the domain. I offered to sell it to him, he gave no offer, before hanging up I told him he could give an offer through daddy. About 7 days ago I got a call from the sales guy I met with at the meeting. He apologizes for the owner and says they are willing to offer $50. I advise them the domain is worth more...told him I'm not trying to milk the company but want a "fair" offer.

    so that brings us to now. I get a call from the guys saying good news and bad. Says they still offer $50...bad news is if I don't take it they will bring me to court. That I hijacked their domain and holding it for a "ransom" that they own the domain because they have a copyright on the name and product.

    so my questions are these..:can they really take legal action? Did I do anything legaly wrong? What would you do in this situation??? If I sold it say this weekend to some other party could I still be in trouble legaly?? Any help or suggestions please!!! I have 24 hour to respond to this said company.
     
  2. altiss

    altiss Newbie

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    First, did you sign anything before, during or after that meeting that was in the form of a legal doc...ie: DND (Do Not Disclose) or DNC (Do Not Compete) ?? If you did not then you did NOTHING wrong. However you could get away with perhaps stating that you thought you had the job and just registered it because they had not...if it goes to court I'd just state that.
    I do not think it will go to court because you probably didn't sign anything.
     
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  3. KraftyKyle

    KraftyKyle Jr. Executive VIP Jr. VIP Premium Member

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    I'd seek advice from a lawyer, not BHW on this one.

    My two cents:
    If the domain is a generic name then you're fine, but if the domain is clearly their business name they will probably win in court on this one. Though if they are willing to go to court over it, I'm sure they'd be willing to pay at least a few thousand to acquire the domain from you.

    Lesson learned: Always purchase domains with WHOIS privacy.
     
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  4. Beck420

    Beck420 Newbie

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    I never signed anything nor was I asked. But yes the domain is an exact match of their company name and product.

    i am looking for free legal advice currently in my area...figured maybe someone had run into this before with so many active members on here.

    so in the future if I like someone's domain but they legally don't have a copyright or that business name I can just copyright the business name and file for federal is number and poof...I have all rights to a domain?!? Just doesn't seem right.
     
  5. KraftyKyle

    KraftyKyle Jr. Executive VIP Jr. VIP Premium Member

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    It's a concept known as domain squatting. Search it and you'll be able to find more information on it (laws, cases, etc).
     
  6. AstralCowboy

    AstralCowboy Newbie

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    The right thing to do would have been to inform the company that the name was not registered. Registering it was a d*ck move. But the owner's potty mouth probably evens it out.

    It would be best to give it to them at reg price and be done with it. You will sleep better at night.
     
  7. qrazy

    qrazy Senior Member

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    Story of two morons?

    One - Builds the product & prints the domain name in the business card without registering the domain.
    Two - Registers a domain (without actually having anything to do with it), loses the client and about to face the legal action.
     
  8. salo123

    salo123 Junior Member

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    Take the offensive. Explain them, that you did not buy the domain in bad faith, and that you are willing to find an agreement, both sites can live with.

    When they already have a trademark registered, you will loose the domain for sure. But they need a good lawyer and this means a good amount of money. So try to find an agreement, but dont be greedy..
     
  9. SEOking222

    SEOking222 Jr. VIP Jr. VIP

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    Agreed with you mate!
     
  10. AstralCowboy

    AstralCowboy Newbie

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    Not a lawyer but...


    If a trademark is obtained before the domain is registered, the domain owner is in the clear as long as he develops the site in a completely different vertical.

    If it is a global brand like coca cola then you can't use the domain in any vertical.

    This is generally between two unrelated parties...not sure how their personal drama plays into all this.