This week a lawyer will contact me, please help me!

Discussion in 'Legal Issues' started by KingNomar, Sep 25, 2007.

  1. #1
    Last week I picked up a expiring .com name with my CC

    I got it for $ 60 and now I have it in my account!

    Now the problem!

    I mailed some guys about the name if they were interested to buy it!

    Now I got a mail from one of those guys saying that a lawyer will contact me this week in order to get the .com name back!

    He says their webmaster let it expire without their knowledge..

    I also own the .net .org and .info for this name...

    Can they do anything????

    Am I losing the .com now?? and what about the .info .net .org??

    I dont have any pages set up on it!

    Please help, what should I do?

    What can I send back?

    ps: I just searched for a registration of the keywords.. but it was not there.. !! a good point?
     
    KingNomar, Sep 25, 2007 IP
  2. TechEvangelist

    TechEvangelist Guest

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    #2
    I don't think they can do anything but threaten you, unless the domain name contains a trademarked name. If they own a trademark for the name, you will probably have to give it up--and probably the other TLD names as well.
     
    TechEvangelist, Sep 25, 2007 IP
  3. CountryBoy

    CountryBoy Prominent Member

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    #3
    If their webmaster let is expire, is that meant to be your fault? No, it's their ineptitude and you can't be held responsible for that. The only problem, as TechEvangelist mentioned, is if the domain name is a trademark. If it's something generic you have nothing to worry about - in fact hike up the price when the lawyer asks!
     
    CountryBoy, Sep 25, 2007 IP
  4. KingNomar

    KingNomar Well-Known Member

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    #4
    I checked with the registry of brands for the country!

    And the terms dont show up registered,

    In fact,, it is a Generic term also ! used world wide!

    Are there any other places to check trademarks?
     
    KingNomar, Sep 25, 2007 IP
  5. sawz

    sawz Prominent Member

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    #5
    aren't expired domain names held for 30 days before being sold again?
    what kind of self respecting webmaster is going to let a wanted domain name slip away.
    was it even registered before?
     
    sawz, Sep 25, 2007 IP
  6. KingNomar

    KingNomar Well-Known Member

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    #6
    yes I picked it up at snapnames!
     
    KingNomar, Sep 25, 2007 IP
  7. Colbyt

    Colbyt Notable Member

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    #7
    I agree you don't have a problem if it is not TM. As a precaution I would put something online using the name.

    Your offer to sell it right off the bat makes you look like a cyber-squatter.
     
    Colbyt, Sep 25, 2007 IP
  8. GoHalo3

    GoHalo3 Active Member

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    #8
    I second the motion that.
    You have no problem.

    Unfortunate for the original owner of the domain. If they have the problem , they should go for the webmaster who sold it.

    You are innocent in this because you didn't know that it was sold out of their knowledge. Make sure it is not trademark though.

    In fact, you can even make money and say, I will sell it back to you but you have to buy it for this $$$ much.

    I think the ball is in your court.
     
    GoHalo3, Sep 25, 2007 IP
  9. fathom

    fathom Well-Known Member

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    #9
    Agree... when the lawyer calls... tell him to have the owner fire the employee... but they can't do a damn thing to you.

    As for the "new price"... hold out for big bucks; bluff about other buyers offering higher prices... since they bluffed themselves... you can easily raise.
     
    fathom, Sep 25, 2007 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    And it shows ads to a trademark holder's competing products, it can be a big
    problem. Then again, it's not a question of whether a domain name is generic
    or not but how it's intended to be used.

    Sure they can. They can file a UDRP or even sue in Court if they feel like it, I
    have seen various examples of this.

    There's really no surefire answer how to handle something like this, especially
    if you don't know a thing about the one you're dealing with. Next best thing is
    find out whatever you can, gauge their responses, then weigh your risks.

    Of course, if you choose to fight this one out and they decide to force it out,
    then it's time to seek real-world legal advice rather than feedback from total
    strangers around here.
     
    Dave Zan, Sep 25, 2007 IP
  11. fathom

    fathom Well-Known Member

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    #11
    Anything is possible; but anyone bean counting would pay a recovery fee rather than risk significantly more in a legal battle.

    No one fights on principle if the cost for being stupid is less.
     
    fathom, Sep 25, 2007 IP
  12. WebsterContent

    WebsterContent Peon

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    #12
    Ok...quick question before I answer. Did you sign a legal contract saying you are the legal owner of this domain, once you bought it from the seller. If so, all you need to do I THINK is print a copy of the contract and they will back off. They may threaten you or scare you like propaganda, but legally if you own it, the only person they could really sue is the webmaster, but they can't get baack the domain. I wouldn't worry to much about this as long as you signed the contract. If you didn't, in the future, MAKE SURE YOU MAKE A CONTRACT AND HAVE IT SIGNED BY THE SELLER AND YOU! Good luck! (I am not sure about this though so don't use my advise unless you know it's correct.)
     
    WebsterContent, Sep 25, 2007 IP
  13. KingNomar

    KingNomar Well-Known Member

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    #13
    I picked it up at snapnames ! I didnt buy it from their webmaster... their webmaster letted it expire and drop!

    Thanks for all the advices though :)
     
    KingNomar, Sep 26, 2007 IP
  14. olddocks

    olddocks Notable Member

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    #14
    do yourself a TM search from here
     
    olddocks, Sep 26, 2007 IP
  15. login

    login Notable Member

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    #15
    What ever you do, dont let them scare you. That domain cant be important for them since they let it expire.
     
    login, Sep 26, 2007 IP
  16. Nora

    Nora Well-Known Member

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    #16
    I don't think they can do anything.. but what made you think they were interested in the domain to begin with if I may ask?
     
    Nora, Sep 26, 2007 IP
  17. KingNomar

    KingNomar Well-Known Member

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    #17
    because they own the domain in a other TLD ! and have a website running on it
     
    KingNomar, Sep 26, 2007 IP
  18. iamneo

    iamneo Peon

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    #18
    I can't believe NOT A SINGLE person here gave complete advice. Let me summarise for you.
    REP POINTS WILL BE APPRECIATED :)

    YOU have VERY good chance of losing the domains IF they have a good lawyer.

    You will be considered a cybersquatter NO MATTER what you say, as YOU CONTACTED them for sale.

    By offering the domain for sale to the previous owners, you exposed yourself COMPLETELY to their law suit.


    If the domain is trademarked, you lose it pretty easily. If the domain is not trademarked, All they need to prove is 1) they have legitimate interest in the domain name and have been using the name for a while and so they are "associated" with that "term" EVEN IF THE TERM is GENERIC 2) You don't have any legitimate interest in the name 3) that you are a cyber squatter and holding their domain at ransom.

    Examples here: Non-trademarked domains like, actor names or peoples names might have to be given up if they are being cyberquatted or offered for sale.


    The BIGGEST problem you created for yourself is 1) not buying the domain for your legitimate business, since you have no real interest in the name except other than reselling it & 2) offering the domain for sale to the previous owners or people using the term for their business.

    If you are in US, you are in bigger trouble, as you can get hit with Dilution, Blurring & tarnishment lawsuits depending on your domain usage and they can recover money for that in addition to losing the domain.

    If they are big corporation, you have bigger headaches, and will get into legal battle, EVEN if you get the domain for legitimate reasons unfortunately (I was in this situations just few weeks ago). Got rid of the domain just because, I did't have the resources for a battle. They can drown you with costs and paperwork. I was on a tight budget, so didn't want to spend $100/hr on legal costs to protect myself.

    The only thing that can work in your favor is, if they are small corporation and they dont' want to spend money in legal battles, they might give up or just offer you some money to get the domain. If they already have a lawyer on board and are a large corporation, they will sue you first and think later, as they dont' incur any real charges.

    Now a days, people are getting sued for using keywords in meta-tags. Trust me, the internet has changed the way we do business legally. Unfortunately for the small guys, this means being extra cautious. The legal costs itself can wipe you out EVEN if you have a legitimate stand (example nissan.com).

    Don't let your ego, get in way. Do what is right money wise. Don't waste energy and resources, setting up for a legal battle if the domain is not really worth it to you.


     
    iamneo, Sep 26, 2007 IP
    Chris009 likes this.
  19. iamneo

    iamneo Peon

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    #19
    Also, one thing you can always do it offer the domain AT REASONABLE COST. If you incurred the costs (snapname back ordering etc) and can prove it, THEY HAVE to compensate you for the costs, if that is all you are requesting.

    Usually, most companies are willing to pay cost, as legal costs would be MUCH MUCH higher.

    If you think you could lose, one approach would be to get your money back by asking them to compensate for the COST you paid, if you have the receipts (which is easy to prove with snapnames).

    The other things you need to do is GOOGLE the term and see if it has other uses & meanings, if there are many more uses, you MIGHT be able to win a legal battle too, but that is taking chances and additional costs. This might not be worth it, if they are the ONLY potential buyers.

    So, be smart and reasonable, you won't have troubles.


     
    iamneo, Sep 26, 2007 IP
  20. Armaan143

    Armaan143 Well-Known Member

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    #20
    as i know
    If domain is expired then it is free
    and u registered it means its yours
    no one can do anything
    no matter how this was expired
    it was thier fault to let this domain expire
    if any problem feel free to contact any domain orgnization that help in these type of matters
     
    Armaan143, Sep 26, 2007 IP