I dealing with music company which has trademark for her domain , but the domain name can be interpreted in another way which make it legally , The domain is Lmusic.info when L is letter between a-z that has meaning for example s can be 'share' or 'software' , thats why I think trademark is weak here. Anyway I talked with one of their lawyer and told him that if they wanna get this domain using the law system the expense will be much higher than if he buy the domain from me, so he respond me and asking how much , so how much I should write ? thanks in advanced, Tom
You've got an end user here so you should ask for a good amount. I'm not very much experienced in end user domain sales so I can't tell u exact figure to ask but it is definitely a good opportunity.
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=djpu0k.1.1 I do not see a US trademark for LMusic. If they ask you to pay for an appraisal then it is a scam.
There is some case law in the US to support exactly what kohashi says. If you try and sell it that could be used as evidence of bad faith. Nevertheless, what I would suggest is that you contact them in writing and explain that you did not have any bad faith intentions and that you do not desire to stand in the way of them protecting their trademark. I would then go on to explain that you have occurred expenses and spent your own time, so given that there was no malicious intent on your part and your willingness to transfer the domain name it seems equitable to be compensated. I would then explain that you are happy to throw out a figure that would be less than what they would spend to attempt to acquire the domain name through arbitration proceedings, but you would like assurances that by doing that they will not attempt to use these settlement discussions as evidence of bad faith. You need to remember though that in order to get the domain name back they would need to file a complaint, and the last time I checked a WIPO complaint cost $1500. They would also have to pay attorneys, etc. I would not get to greedy. Good luck. -Gene
Also check the company's history at WIPO, are they likely to file WIPO or go for ACPA (seems to be getting more popular... oh yea.. and up to 100k damages) if you are US based. It doesn't sound like a great domain name IMO, I would probably take high 2-low 3 figures and take it as a win and forget about it personally. Doesn't sound worth the hassle/fight/risk.
If you hand them a price, they will use it as leverage against you when they petition Ican for the name (which they will do). Dummy up about it.. If you have content unrelated to their claim KEEP it that way and document how long that unrelated content has been there. (The internet archive's wayback machine might help). If you have content related to their claim up there now.. your pretty well done anyway, so Ask for 5 grand and move on with your life. -Jason
I had a friend of a friend who tried to get too greedy with something similiar. Don't ask for a price at all. You will stand no chance once that happens.