I have owned Cdior.com for almost a year now and just a few months ago was approached by someone interested in purchasing the name. Actually they werent interested in purchasing the name, they just want the name for nothing as they claim I am violating their trademark. The email I got said "Are you selling the domain name CDIOR.com and if so, how much?" I replied that it was for sale and included my price. I then got a message back saying turn over the name to us now. We are lawyers for Christian Dior and we want the name. You are violating trademark laws by holding it. Im not turning over the name and wont be anytime soon. I have the site listed as Compact Disk Imaging and Optical Restoration, Im not too worried about their threats but why wouldnt they just make me a somewhat reasonable offer for the name, I could give it to them and we could be done! Anyone have any thoughts??
Don't give it to them anyway, even if they are "Christians". Because they sure aren't acting like it.
I take it you aren't really into high fashion Christian = first name (American friends would probably call him "Chris"), Dior = last name. Christian Dior is a famous French designer who has a company by the same name.
What the OP described is one tactic some parties use to prove bad faith on the registrant's part. There's a way to beat that, but it might be best to seek a lawyer who specializes on this stuff if it especially reaches dispute via UDRP or court. Fortunately I keep these links handy: www.dnattorney.com www.esqwire.com They might be busy, though.
There's definitely no chance that they will be able to proof bad faith on your part. Your site is totally unrelated to fashion or any industry related to their trademark. I'd tell them that you won't hand over the domain and see how it goes from there.
If they were the lawyers for Chrsitian Dior, then the response to selling the domain would generally be used to show bad faith on the part of the domain holder, ie that they registered the domain for profit. If they can also show that any content on the site is simply there to try and avoid litigation, they can also act on this (content is garbage basically or non-original content for filler purposes) Should it be a proper site, the ruling would probably go as in the Nissan.com case, whereby the domain owner could not sell anything on the site, ie profit from it.
Thanks for the replies, I have been doing domain names for some time and am pretty familiar with some basic rules like: If you have a name that is sensitive TM or otherwise "Do not try to approach the people who might want it" offering it for sale, this obviously shows intent to make money. DO not post anything that might be related to that site or against that topic on the site in a "sales form" once again to make a profit from the name. They approached me asking me if it was for sale and I told them yes. When I told them I wanted $7500 for the name that might be what pissed them off. I mean, I would have taken $1000 for the name if they asked nicely. They have filed a complaint with ICANN and I am told by ICANN that I will recieve a letter with 20 days to respond once they have looked at it. Also I got a "novel" in the mail from these lawyers in France stating all the TM violations associated with the name. Regardless, Im not giving it up now.
Did you read this thread? He's already received information that they've filed a dispute with ICANN. This is real. You're probably right, this is likely what riled them up. Since it doesn't sound like you aren't using the name in such a way that would cause confusion (unless you are advertising fashionable Compact Disk Imaging and Optical Restoration ), it sounds like you are in the right, at least under US Trademark law. I don't know if French law is different. You are going to have to fight their complaint with ICANN, and if they really want the name they can make your life miserable. See, for example Nissan Motor Co. vs. Nissan Computer Co., which is likely a good precedent for you but cost Uzi Nissan millions of dollars to fight. I would see what ICANN says and consider consulting an attorney with expertise in domain name issues (not your tax lawyer or divorce lawyer) to craft a response.
If they have a case, just give it up. They tricked you into stating that you were looking to profit from a sale of the domain, and you took the bait, not knowing. We all would have done the same thing, but that put the fluid on the fire. They are being jerks, and probably haven't had to do any work in years since Christian Dior is as old as green money.
Is their trademark Cdior Christian Dior? Also i fail to see how you being approached signifies bad faith, everythings for sale and your price was what you believed to be a fair price for a 5 letter technology domain. If they disclosed who they were THEN you quoted the price it could be seen as attempting to profit from the name similarities but not when it was a random enquiry. Personally i wouldnt hand it over.
It is more than likely that CDior is trademarked or arguable that it can be mistaken for Christian Dior (which is a good enough basis to get the domain). The thing here is that the website was offered for sale basically when prices were mentioned. To make it simple - Remember MikeRoweSoft.com ? The kid thought it was funny, it was his name after all and so on. Yet this is what happened - note the offer part which basically screwed him legally: The lawyers for Christian Dior would be able to argue on the same principles.
You have NO worries. Domain names are completely different then tradmarks. If you were posing as Christian Dior that would be different. From their standpoint it never hurts to try and sometimes people get scared and give in.