I own a domain name of a soon to be multi-billion dollar product - Now What?

[miester]

I just saw on CNN that there was a huge medical breakthrough (probably one of the biggest of our time) which is expected to generate the company billions in revenue and I own the .com, .net, .org and .info domain names of the product. Obviously they will want the domains that I have. I have negotiated domains in the past but nothing quite this big and I was hoping someone could give me some insight as to what to expect. Should I expect to receive a letter from their lawyers telling me how I own domains that infringe on their trademark and that I must relinquish the domains to them or face an unwinnable lawsuit against a corporate giant or will I be getting a call or email with an offer - if so, how much should I price the domains? I really don't know what to expect - what is the best course of action that I should take?

[Nick_Mayhem]

Take advices from lawyers. If you really think it is that big.

Mostly if you have owned the domain name before the trademark comes into existence then your side is strong enough.

[scubita]

If the domain name is a trademark, some legal issues may show up. Contact a experienced lawyer asap.

[desilator]

Dont publicize that you own these domains. Let them find you.. and during that process start doing some homework and find out information on when they registered the trademark compared to when you registered the domain etc... Do as much homework as you possibly can.

[EGS]

Put it up for sale on SEDO.

Let them make you an offer.

[dpole]

What do you mean "now what"!
You negotiate and make some money!

[LordOfTheRing]

great chance to make some money :D

[miester]

What do you mean "now what"!
You negotiate and make some money!

ROFL! That's the idea, I'm just trying to get my bearings on the best course of action. At this point I feel like I'm playing poker with 3 ACE's while the corperate giant may have a Straight Flush, I'm afraid I might bet too high and lose it all or bet too low and lose alot.

[mozzeratti]

Either of the scenarios mentioned in the original post may happen.
They may try to muscle their way trying to get the names...or
they may simply contact you to negotiate.
*Another thing I think they might do is watch and wait, hoping for
the day that you use the domain names in a way that dilutes their
brand and at that point ...POUNCE !

So be careful. If they are parked, make sure you can control the content so that it never infringes.

Also, as another post (by desilator) said, take the time to familiarize yourself with the
facts. Dates/precedence ...in terms of registration VS creation of brand.
Company's previous record as far as names/brand are concerned, if any..
etc
If it gets serious or sticky...don't settle for anything less than sound legal representation.

(I am sending info on a situation similar to yours that may interest you).

.

[kohashi]

is it generic or trademarked? that will be a major deciding factor

[kohashi]

i think i figured out the domains, and trying to sell them would probably be a mistake. it was registered in bad faith and it would be hard to argue otherwise as you registered after they announced the product. of course this is assuming i figured out correct domain.

[gafadi]

well as others said ,you should consult with a lawyer with experience and what matters is when you registered the domain and when they registered their product name trademarked . If you had registered the domain after they had trademarked , put it up for sale in here , sedo ,np or dnf , you get couple of thousand dollars and make it easy for yourself of the lawsuit and stuff . If your domain was registered before they registered trademark , they you are good get a good lawyer and you already have a + in your side to argue about , they would probably make a good deal. :)

[Fka200]

For some reason I'm thinking these names are TMd... no way any generics worth while are available. Also... I wouldn't dare to park them. Like mentioned before... let them find you.

[Whippet75]

Put it up for sale and pay to make the whois information private...that way their lawyers will not be able to get hold of you easily !

[miester]

Put it up for sale and pay to make the whois information private...that way their lawyers will not be able to get hold of you easily !

I think you are right, I will be making them private soon.

[campolar]

keep it, since u had it before they trademarked watever they want to, they hav no right to claim ur domain bcz ICANN wont allow it. They will come to buy it from u and u just sell it for millions ;)

and share some with me for telling u the idea :D

[tonyran]

I'm really worried about "registered in bad faith". My understanding is that anything you do to obtain financial benefits using the domain can be considered as bad faith when it comes to trademark battle. That would include offer to sell, parking ads etc.

And the fact that you register it first does not necessarily make you safe especially if the name is not a common word and has been trademarked by someone else which what big companies usually do.

Maybe you can do an information site without ads about the particular subject? that way when they do come after you they can't get you with the bad faith.

[miester]

I'm really worried about "registered in bad faith". My understanding is that anything you do to obtain financial benefits using the domain can be considered as bad faith when it comes to trademark battle. That would include offer to sell, parking ads etc.

And the fact that you register it first does not necessarily make you safe especially if the name is not a common word and has been trademarked by someone else which what big companies usually do.

Maybe you can do an information site without ads about the particular subject? that way when they do come after you they can't get you with the bad faith.

That is a very good suggestion and I have considered doing exactly that. I have been getting alot of useful tips and info here - thank you to all who have posted their suggestions.

[Whippet75]

The only other option you have is to sell it to me for $50 !

[turbulence]

Dont publicize that you own these domains. Let them find you.. and during that process start doing some homework and find out information on when they registered the trademark compared to when you registered the domain etc... Do as much homework as you possibly can.

this the best suggestion I have read so far! Besides finding that out you should consult a lawyer in case things get ugly. Expect the unexpected!

[gingerbreadweb]

Some very good advice above ^

Basically, be VERY careful - don't list it for sale, put ads on it, post articles related to the company on there, etc.

Also, if you're in the UK send me a PM - my lawyer specialises in Intellectual Property and has dealt with this kind of stuff before. He's not cheap but he's very good.

[TrafficSales]

Here's the question. Since you say you own the .com , .net , and .org It would appear you perhaps registered these before the company ever considered it's products however... If you heard about the product and rushed to purchase the domains you may be in for trouble. Expect a low ball offer at first, then a muscling and if that doesn't work for them perhaps a purchase.

[mikeyoneshot]

I don't know if you are familiar with this story but if you have ever been to www. nissan .com the guy who owned that domain and operated his website/company from it was sued by Nissan Motor for a plethora of cyber crimes just because they had the same name (guys last name was nissan and registered the domain when nissan was called Datsun). If you do not want your money and investment undermined and you are positive this will be that big. It is time to get serious. Talk to a lawyer with previous cyberspace law experience and if you get contacted you will already have an upper hand. When billions of dollars are involved you see the worst in people, and they will try every scare tactic imaginable. Just remember, you own it, they don't.

[tonyran]

I don't know if you are familiar with this story but if you have ever been to www. nissan .com the guy who owned that domain and operated his website/company from it was sued by Nissan Motor for a plethora of cyber crimes just because they had the same name (guys last name was nissan and registered the domain when nissan was called Datsun). If you do not want your money and investment undermined and you are positive this will be that big. It is time to get serious. Talk to a lawyer with previous cyberspace law experience and if you get contacted you will already have an upper hand. When billions of dollars are involved you see the worst in people, and they will try every scare tactic imaginable. Just remember, you own it, they don't.

I remember that, gosh, that was longtime ago, the guy put up some message on his site pleading for moral support from everyone. Whatever happen to that case? did he win?

[mikeyoneshot]

Well it started a long time ago. They started it up in 1999 and now almost a decade later they are still deliberating. Nissan Motor lost the case against Nissan computer but they had a sour note to it so they sued the poor guy for millions of dollars in attorney's fees. Recently the courts decided that Nissan Motor was not entitled to those fees and they had to pay $58,000 to Nissan Computer and he claims it is less than 2% of what it cost to defend the case. It is not over anymore either. Nissan Motor is going to be doing computers and peripherals in the future, Nissan Computer feels this is a direct move against them in order to sieze the domain www. nissan .com and of course to throw salt in the wound. So Nissan Computer is seeking legal action against Nissan Motor.

[kohashi]

are you mr. perry?

sorry if they announced product and its not generic, and you regged after that's bad faith, youve got pretty much no legs to stand on. nissan is different because that is his name.

[miester]

are you mr. perry?

sorry if they announced product and its not generic, and you regged after that's bad faith, youve got pretty much no legs to stand on. nissan is different because that is his name.

Nope, not me.

[kohashi]

Nope, not me.

then i guessed the wrong domain.

[BlueEew]

The chances are.

If you bought a large product domain, they already have the Trademark on it. So you will be loosing the domain.