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

Discussion in 'Domain Names' started by miester, Jul 30, 2008.

  1. #1
    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?
     
    miester, Jul 30, 2008 IP
  2. Nick_Mayhem

    Nick_Mayhem Notable Member

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    #2
    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.
     
    Nick_Mayhem, Jul 30, 2008 IP
  3. scubita

    scubita Peon

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    #3
    If the domain name is a trademark, some legal issues may show up. Contact a experienced lawyer asap.
     
    scubita, Jul 30, 2008 IP
  4. desilator

    desilator Peon

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    #4
    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.
     
    desilator, Jul 30, 2008 IP
  5. EGS

    EGS Notable Member

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    #5
    Put it up for sale on SEDO.

    Let them make you an offer.
     
    EGS, Jul 30, 2008 IP
  6. dpole

    dpole Peon

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    #6
    What do you mean "now what"!
    You negotiate and make some money!
     
    dpole, Jul 30, 2008 IP
  7. LordOfTheRing

    LordOfTheRing Well-Known Member

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    #7
    great chance to make some money :D
     
    LordOfTheRing, Jul 30, 2008 IP
  8. miester

    miester Active Member

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    #8
    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.
     
    miester, Jul 30, 2008 IP
  9. mozzeratti

    mozzeratti Active Member

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    #9
    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).

    .
     
    mozzeratti, Jul 30, 2008 IP
  10. kohashi

    kohashi Well-Known Member

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    #10
    is it generic or trademarked? that will be a major deciding factor
     
    kohashi, Jul 30, 2008 IP
  11. kohashi

    kohashi Well-Known Member

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    #11
    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.
     
    kohashi, Jul 30, 2008 IP
  12. gafadi

    gafadi Peon

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    #12
    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. :)
     
    gafadi, Jul 30, 2008 IP
  13. Fka200

    Fka200 Guest

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    #13
    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.
     
    Fka200, Jul 30, 2008 IP
  14. Whippet75

    Whippet75 Well-Known Member

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    #14
    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 !
     
    Whippet75, Jul 30, 2008 IP
  15. miester

    miester Active Member

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    #15
    I think you are right, I will be making them private soon.
     
    miester, Jul 30, 2008 IP
  16. campolar

    campolar Peon

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    #16
    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
     
    campolar, Jul 30, 2008 IP
  17. tonyran

    tonyran Peon

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    #17
    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.
     
    tonyran, Jul 30, 2008 IP
  18. miester

    miester Active Member

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    #18
    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.
     
    miester, Jul 30, 2008 IP
  19. Whippet75

    Whippet75 Well-Known Member

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    #19
    The only other option you have is to sell it to me for $50 !
     
    Whippet75, Jul 30, 2008 IP
  20. NICKY Nitro

    NICKY Nitro Well-Known Member

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    #20
    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!
     
    NICKY Nitro, Jul 31, 2008 IP