I just got emailed about a domain that I own

[Badmaash]

Hi

This is just an example

A company who has a job board called example: gamingjobs.com and I own gamingjobs.org.uk

Although their site is not trademarked they said that because of the amount of money they have spent on their brand and marketing that they have contacted their lawyer about my domain

So what can happen in this situation?

Thanks

B

[helterskelter808]

As it's just an example, nothing can happen.

[woj]

I wouldn't worry about it till you hear from their lawyer, 99% chance they are bluffing...

[Badmaash]

Originally Posted by helterskelter808

As it's just an example, nothing can happen.

No

It is a real situation

I am just giving you the domains as an example as I do not want to give the real domain names

[lucas131]

make them offer if they refuse say go fuck yourself

[wehateporn]

Like TC says, sell it to them

[helterskelter808]

Originally Posted by Badmaash

No

It is a real situation

I am just giving you the domains as an example as I do not want to give the real domain names

Sorry, assumed you being emailed was just an example too.

I wouldn't say nothing can happen, because you never know, but like woj says they are probably bluffing, and until they take any kind of legal steps, I wouldn't worry about it.

If they are known, and/or compete or have a presence in the UK, it might help their case. I dunno why they'd want an "org.uk" name though, unless they have other extensions. Which itself might help their case, and illustrate they're an established 'brand name' in whatever field it is.

If there's any kind of evidence that you got the name because of them, that probably won't help you.

[Badmaash]

Originally Posted by woj

I wouldn't worry about it till you hear from their lawyer, 99% chance they are bluffing...

What if I do hear from their lawyer.... then what?

What is the worst case scenario? Pay them money or simply just hand over the domain?

Thanks

B

[wehateporn]

Do you make sales from the domain?

[helterskelter808]

Originally Posted by Badmaash

What if I do hear from their lawyer.... then what?

What is the worst case scenario? Pay them money or simply just hand over the domain?

Thanks

B

I just re-read your post. If they had already contacted their lawyer, then they wouldn't be emailing you. They're full of shit.

[shake]

Originally Posted by wehateporn

Do you make sales from the domain?

That's a good question. I've gotten letters from lawyers for my domains 3 times over the years now, in all the cases they just weren't that important so I handed them over. It's not worth worrying about if they are not making you money.

[Badmaash]

Originally Posted by wehateporn

Do you make sales from the domain?

Not yet

I am thinking of making it into a html page for the time being.... would that make things better

So for example I create a page about "gaming jobs"

[Badmaash]

Originally Posted by shake

That's a good question. I've gotten letters from lawyers for my domains 3 times over the years now, in all the cases they just weren't that important so I handed them over. It's not worth worrying about if they are not making you money.

When you says it not worth worring about if the site does not make me money, you mean they cannot do anything to me or do you mean I should just close the site down?

Thanks

[AdultEUhost]

Pretty simple really, i would wait and do nothing

Don't let them scare you, ask them who their lawyer is.
If they are that serious or have the funds to let a lawyer deal with this they ain't going to email you themselves.

If it is not trademarked, they can try a WIPO case but that's gonna cost them at least a few grand...
Worst case you loose the domain but a WIPO case won't cost you anything

[fistinface]

Do nothing. No reply, no acknowledgement. Go about your business until you get a registered letter from a lawyer.

[nextri]

If you have not used the domain in an infringing way, like relating it to anything they are doing or selling, then they can't force the domain from you.
If the domain is in fact a combination of general words like "gamingjobs", then you have nothing to worry about. I would not put anything up on the domain at the moment. Just owning it without it being used is best until this situation is cleared up.

You are really in a good position to make money of it by selling it to them, but do not under any circumstance offer them to buy it from you. Tell them you are not infringing on their business in any way, and that you are planning something for the domain that has nothing to do with their business. Only if they offer to buy it from you first, can you try to get them to pay a good price for it. If you contact them first offering them to buy it, you are basically establishing bad faith, and they can get it easily through wipo.

[Badmaash]

Originally Posted by helterskelter808

I just re-read your post. If they had already contacted their lawyer, then they wouldn't be emailing you. They're full of shit.

Correction: They emailed me to say that they are going to contact their lawyer

[helterskelter808]

It won't be "WIPO case", it will likely be under the UK (Nominet) Dispute Resolution Service, which will cost them nothing, except whatever extra fees, if any, they pay their lawyers. He is unlikely to be contacted by lawyers directly.

If they're an established brand in the UK, which seems likely by the way he avoided my post on the subject, and they can show his registration was bad faith, ie trying to capitalize on their name, then he'll probably lose the name, but won't AFAIK, be liable for fees, costs or compensation.

If the name isn't that important, it might be worth responding and stating you don't believe they have a right to the name, but you'll sell it for $50 or something as an act of good will.

[DBS.US]

If your not making money with it, Tell them it's for sale for $xxx (not $xxxxxxxxxx)

[wehateporn]

I'm thinking Playboy

[BlackCrayon]

when did you register the domain name? if it was before theirs you have nothing to worry about. and if its generic, you have nothing to really worry about.

[helterskelter808]

http://www.nominet.org.uk/disputes/r...s/how-it-works

That all seems very simple, and I'm not sure why you'd receive an email from them, when they can and should make a complaint via the Nominet website.

Edit: Or maybe they couldn't find the complaint form, because I can't.

[alex.missyouth]

I believe nothing can happen. If they contact you try to sell them the domain for a GOOD price.

[PornMD]

Originally Posted by Badmaash

Correction: They emailed me to say that they are going to contact their lawyer

There's no real reason to do anything in response to anything but contact from a lawyer. We've had a domain that someone has contacted us on 3 different times over the years saying they were getting their lawyers ready - hoping such a threat would just make us automatically give up the domain. Years later, not a damn thing has happened.

Generally if a lawyer contacts you, the best thing to do is just give the domain up at that point. If it was one you paid a bunch of money for or have a site on and would really like to keep it, then consider fighting it, but otherwise you lose reg fees on a domain and that's it - no big deal and better than doing stupid shit like trying to sell it to them and have them in response not only get the domain from you but sue you for trademark infringement (since you provided them a case for bad faith registration) and their lawyer's fees.

[wehateporn]

This is quite different, but interesting all the same...

There was a domain I gave up recently to a model, she was polite, she wanted to remove herself from the Internet, I could have easily kept it until she got her act together. First I redirected the domain to another of my sites that didn't have her on it, then I transferred the domain to her. So far, she's left it redirected, so I'm still getting sales from the traffic.

[pornguy]

What are you doing with the domain? if you use it and started before they did Sue them.

[Rochard]

Most likely they are bluffing. Anyone can puff their chest and send off an email saying they have an attorney. Most likely they do not and just want you to crap in your pants, which seems to be exactly what they are doing.

If they are a small or medium sized company, they might talk to an attorney, figure out it's going to cost more money than it's worth, and most likely do nothing. If they do decide to move forward with this, they might have an attorney send out an official letter but they would want to avoid going to court at all costs. Besides, they might not even have a case.

If they are a huge company they will have a dozen attorneys on staff and sue the living shit out of you.

[Slappin Fish]

You do nothing. No need to worry either.

If it is a .uk as in your example even less, they will have to file a complaint through Nominet's DRS.

No lawyer needed, an independent expert at nominet will listen to your side of the story. They have to pay the fee, not you.

[xXXtesy10]

sell them some of that plant in your avatar.

[Kenny B!]

If they are serious they need to open an arbitration dispute with ICAAN and pay the fee to get the ball rolling. It used to be around $1600 plus the cost of their lawyer to write up the complaint proving you are infringing on their trademark, and in this case they don't even have one.

I say don't sweat it, if they happen to file a dispute with ICAAN hit me up I can show you the details of my cases with Adam & Eve and Kick Ass Pictures.

[Badmaash]

I changed the site to a html page about example "gaming jobs" - information site

Now they can GFTS!!!!!

Next I am going to do a redirect, then apply for a change of naame through google to keep the rankings when redirected to the new domain

[k0nr4d]

Originally Posted by Badmaash

I changed the site to a html page about example "gaming jobs" - information site

Now they can GFTS!!!!!

Next I am going to do a redirect, then apply for a change of naame through google to keep the rankings when redirected to the new domain

Don't even do that until you get a letter from their lawyer...make them at least pay to get that letter written before you start folding.

[Barry-xlovecam]

6. Discussion and Findings

Under paragraph 4(a) of the Policy, the burden of proof lies with the Complainant to show each of the following three elements:

i) the Domain Name is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and

(ii) the Respondent has no rights or legitimate interests in respect of the Domain Name; and

(iii) the Domain Name has been registered and is being used by the Respondent in bad faith.

That is pretty cut and dry ...

[Markul]

Originally Posted by helterskelter808

I just re-read your post. If they had already contacted their lawyer, then they wouldn't be emailing you. They're full of shit.

Exactly..

[mychemicalromance]

Originally Posted by Badmaash

Hi

This is just an example

A company who has a job board called example: gamingjobs.com and I own gamingjobs.org.uk

Although their site is not trademarked they said that because of the amount of money they have spent on their brand and marketing that they have contacted their lawyer about my domain

So what can happen in this situation?

Thanks

B

if it's not trademarked then I wouldn't worry about it.

just an empty threat....

[AdultEUhost]

Originally Posted by Badmaash

I changed the site to a html page about example "gaming jobs" - information site

Now they can GFTS!!!!!

Next I am going to do a redirect, then apply for a change of naame through google to keep the rankings when redirected to the new domain

Why do you come here and ask for advice if you ignore it lol

[nextri]

Originally Posted by AdultEUhost

Why do you come here and ask for advice if you ignore it lol

What he said.

except for all the bad advice some have given.. I have been in your situation, you should listen to those who know what they are talking about..

[nextri]

Originally Posted by PornMD

Generally if a lawyer contacts you, the best thing to do is just give the domain up at that point.

That is literally the stupidest thing I've ever read..

[mavruda]

Originally Posted by Badmaash

Hi

This is just an example

A company who has a job board called example: gamingjobs.com and I own gamingjobs.org.uk

Although their site is not trademarked they said that because of the amount of money they have spent on their brand and marketing that they have contacted their lawyer about my domain

So what can happen in this situation?

Thanks

B

It's simple - make them pay. The higher amount possible.
They can't sue you if you don't want to sell your domain to them for $5 - in case you're open for deals - get yourself a lawyer too and start negotiating.

Good luck!