Yahoo wants OwnerShip my domain Flickr.pk

Hi,

-I Registered that domain name few months back and wrote to yahoo that is this domain name i can use to develop and run a website. But no reply for almost 1 month. Though i get a reply on 24th of August from their support that this case is send to Legal team and they will contact. After a month or so no contact and i thought they are not interested in the domain name. Now today i got an email from their legal director that it is their trade mark and they want the ownership of the domain name. They are only willing to pay the price of domain registeration nothing else. I wrote back and told them that the time involve in the development of the site should be considered and should pay the amount. They wrote back saying that we will only pay the domain registeration fees nothing else.

-I am willing to coperate with Yahoo Legal Team. But i need advice that is that domain i register i worth only the price of registeration?


Regards.

 

To take legal action against you it will cost them at least $1000. I suggest you either give it to them for the reg fee or put up a website and offer the name to them for $1000.

They are legally obliged to take action against you to protect the trademark. If they don't then they run the risk of losing the trademark.

 

Are you sure about the Court Fees. I should Discuss this their Legal Director. If this is the case i deserve the price $1000 .. The site is already under Flickr.pk

If they take me to court (i am not in USA). what will be the procedure and what will be the drawbacks. Would you please explain.

 

drawbacks are easy: Money.

They can and will make it as expensive (lawyers * time = money) as they can.

 

You already knew that flickr was a trademark before even developing it? So why did you ignore your gut feeling? This is seriously not worth it, you will lose due to cybersquatting. The term flickr is way too unique.

 

If they take you to court and win, you will most likely be paying for the legal fees.

I don't think Yahoo is too concerned with dealing since (in their mind), you're paying the bill one way or another.

 

Consult a TradeMark lawyer within your country. Choose the best that there is - 7 years ago I registered a DN that was a .co.uk. It was the name of a European based brand but also related to my name.

We formulated a company (and had a VAT number for it) as a result of the name prior to the brand asking about our domain.

I later recieved a letter from the brand telling me that they held the trade mark and wanted the domain. In truth they owned the trade mark but without the suffix. I registered (after consulting the BEST trade mark lawyer there was) the trade mark with the .co.uk suffix and have not heard from them since after they received letters from my lawyer - I guess that was bad enough (each lawyer knows how good their opponents are!) stating I now owned the Trade Mark.

It cost me a lot of money but the domain was worth more to me.

I guess the question is, do you think the Domain is worth more financial investment from you? If you take them on it will cost you - thats for sure and in the end they may just turn around and say keep it, after you have spent whatever it takes.

I never wanted to sell the domain, that was never my motivation.

Hopper

Just remembered, the company that wanted the domain I registered was already trading in the UK but under a different (all be it similar) domain name.

 

And they deserve to sue you for everything and anything under what the law
and any other applicable "rules" allow.

You 2 may be on opposite sides of the globe. But that didn't stop a French
court from finding Google guilty of trademark infringement (which is currently
under appeal).

It can be difficult. But some parties like a challenge.

 

So what is the possible option you Guys Suggest. I am willing to coperate with Yahoo but atleast they pay me the cost involve and i contact them in the start " That i have registered the domain name if they are interested i wont develope a site" they didnt contact me for more than a month so i thought they are not interseted and wont be a problem

I am waiting for their next email.

 

I see it is .pk is that extension for Pakistan, If yes dont worry and write to yahoo that i dont give a shit to your legal notice . Pay me $1000 and get the domain it is going to cost you that much for taking legal action anyway. Now if you are living in pakistan too then you have nothing to worry about no court in pakistan can take you down for trademark violation in domain. Simply ask them for $1000 if they dont give you that forget about legal notice. Only if you are in pakistan . I was in same situation when i was in pakistan yahoo asked me for one of my domain that was .co.pk extension and they sent me legal notices which all went to my trash can.

 

One more thing I have just remembered, my lawyer said that it was important that at the initial stages of the 'discussions' with the other party that I NEVER said the domain was for sale. (It wasn't by the way)

Afterall, if your willing to sell for $1000, you are willing to sell; therefore it could be argued that your motivation for registering the domain in the first place was to sell it to the 2nd party for profit.

Hope that makes sence.

 

Let me tell you this again. If you are in pakistan and domain is registered in pakistan you dont have to worry about anything. Do whatever you like. Most people here wont understand that but since i have spent half of my life in pakistan i can assist you better

 

Just say that it is very hard to get rid of the domain, since you have a lot of work and emotions invested in it. But if they wanted that bad, what can they do to ease your pain ?

There is one thing that dawned on me . I feel that yahoo has a very not personal face , but more systematic ( the way they handle interaction with customers ) . Because of that , just out of principle they will not sit down and negotiate with you ( It is like Bush with the Iranian president ) .

But if you do not give up and waited out , maybe they will come around and make a deal . And the reason why I am saying that is because they will have to go through a significant change ( Yahoo stocks fell 30 % since January 2006 ) and approach things a little differently, I think much more out-of-the-box approach would be the solution for them .

stojan

 

Thanks Guys for your concern. Yes i am in Pakistan right now and i think lawyers in Pakistan dont even know what internet domain name is.

I will wait for the Yahoo Responce and see what they say. I think i should stick to $1000 Price for the deal

 

I have a question for you: did you really think you'll be able to put up a site
with that domain name that people won't think it's Yahoo? And why did you
register it in the first place?

Anyway, it's up to you since apparently another user has not had his/her own
domain name taken for potential trademark infringement. But do expect the
worst anyhow, and be ready to do whatever you can to avoid trouble.

Choose your battles wisely.

 

hi

no matter where you are and where you Live , Law is Law.

but i think ,if yahoo have TradeMarked Flicke even then you can Register the Domain. as Flicker is TradeMark not Flicker.pk.

but thing is , if you have planed to start a Flicker like business in Flicker.pk then you are in Touble ( no matter where you are in USA or in PK )

more over if you ever said to yahoo that Domain Flicker.pk is for sale, then You HAVE to GIVE domain to yahoo.

consult : http://www.icann.org/
mail to : icann@icann.org
Visit : http://forum.icann.org/

these are final Authorities on any legal issues for Domains

one last advise

Dont ever think that Yahoo or any other company cannot Take Action on you while you are in Pakistan.

so think before what you are going to do

Ali Kashif
http://www.click.pk

 

I didnt say to yahoo that i want to sale the domain i emailed them regarding the issue that i have registered the domain name and if they have any problem with it we will solve it otherwise i want to develope a site on it.

I am willing to corporate with Yahoo. I Respect Big compaines as they have invested so much money and time in developing thier brand name i just want to cover the cost if they will pay i will be happy on the otherside i made up my mind to coperate with Yahoo.

 

I just have a question.

If you infringed on someone's trademark, why do you feel you are owed compensation?

Just curious.

That would be like a cocaine dealer getting arrested for breaking the law then suing the state for the cost of lost product.

 

marketjunction is correct. You registered a trademark owned by someone else. They are under no obligation to pay you anything - not even your registration fee. It was your obligation to do a trademark search BEFORE you registered the domain. You do not get around trademark infringement by using a different TLD.

I am not familiar with Pakistan law on trademarks, but it would appear that the courts recognize International trademarks and Yahoo certainly isn't worried about spending legal fees to protect their mark. As a policy, most large companies will not pay anything more than a nominal amount to a domain that is infringing upon their mark - especially where the party has no claim to prior usage. It would only encourage squatting and this is why they are will to spend much more in legal fees going after infringement.

http://pknic.net.pk/policy-text.html

 

Flickr is owned by Yahoo so you will lose the court case. Just hand it to them requiring you to pay for any domain/hosting fees you paid.