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The city I live in is getting bigger all the time..

They've been planning to build a large promenade for years..

They have not "Officially" named the place yet. But people at construction company would just call it xxxxxxxx Promenade project..

So, I purchased xxxxxxxxPromenade.com.

Now it's getting more certain that they will actually name the place xxxxxxx Promenade.

So, what happens?.

Can they sue me and take my domain name away?.

When I bought it I never thought about the legal matter..

After joining this website, I am becoming paranoid.

Thank you...

Comments (10)

One would think that you would have the right to have it and sell it to them since you got it before they announced their names. Make sure you document all things.

I would even get some serious legal help on this and then be armed to go and sell it.

Whos the best domain lawyer out there... Show yourself...

Good thinking. Good domain anyway... Good domaining!..

Comment #1

Moved to Legal Issues forum, but my quick .02:.

You registered this domain because you were thinking/hoping that the domain would have value based on the commercial application of the domain applied to the name of the "promenade" (Don't really know what that is...).

I think you know your answer already,.

-Allan..

Comment #2

I wouldn't worry about it..

Even if they want it and are willing to sue you for it,.

Chances are they would rather pay you something.

For the domain name. And if they are not, you still may be.

Able to sell the name to someone who is willing to fight them.

For the domain name. I really don't see how you can lose..

The fear of trademarked names is really way overdone in namepros.

If you put up a web site that criticizes the promenade you.

Can make your ownership of the domain name a free speech.

Issue and they will never get it from you...

Comment #3

Allan, thank you for moving my post to a proper place, so I get better answers.

Dna, so, how much do you think is a proper amount so that they would rather pay me than fight me? How much do they usually pay to their lawyers on domain name cases?.

I've never thought about the "Free Speech" method.

Is that a common (popular) way of defeating lawsuit? Or did you just come up with that idea? I think it's brilliant.

Thank you..

Comment #4

Lawyers are very expensive. Anyone who wants.

Your domain name bad enough to sue you should be willing to.

Pay thousands of dollars not to have to sue you.

The "free speech" method of defending your.

Web site (and thus your domain name) is well known...

Comment #5

It not a fear of TM names, I point out the legal possibilities and penalties. This is not the fluff section. take your stance, a newbie reading this may think it is a good idea to ask for money for a TM name they own. If a company wanted to make an exaple of this owner, the owner could lose bad and on top of actual damage awards and court costs and attorney fees, they could be subject to a $100,000.00 fine. Would companies do this, probably not, but what if they did?.

It is all about risk and reward. I don't fluff and try to please people, I just give it straight...

Comment #6

No you don't...you like to make everyone afraid and tell them worse case scenario. That's not the straight answer as much as your interpretation.

Most likely these people will NOT sue you...yes they could but realistically they won't. Lawyers actually don't like to sue people and the few I met prefer to negotiate. I am not sure of exact figure but I hear it's something like 80% of all cases get settled out of court which means 2 lawyers figure out something reasonable. And those are cases that get filed...god knows how many other deals lawyers work out that never get filed.

You should just hold tight..don't do ANYTHING with the domain..not even park it. Just place it at a blank space with nothing. Legally unless you are using it for commercial use they can't do too much. If you want place the address of the place with maybe a picture of it but NO ADS. If they do contact you don't tell them you want money...tell them you like the domain and prefer to keep it. Tell them your usage is fair-use under the law and you plan to keep it that way.

They might start to threaten you ...don't be alarmed. Tell them you would consider any resolution that would be fair to you...what you really want them to do is offer money FIRST. Basically once they mention money then the door is open for you to negotiate. But be reasonable...the cost for them to sue could be anywhere from $2000-$5000...so it's safe to say that if you asked for $1200 that they might fork it over or counter offer. To them $500-$1000 is worth it to get the domain (most likely).

Oh and one other point...if they contact you about wanting the .com you can politely tell them the other extensions available to them. Tell them you own the .com and don't plan to release it to them.

Anyways I am sure at this point DNQ is having a mental fit..and I look forward to his usual reply about how everyone is a noob and will read into my post and think that TM infringment is OK. This is a forums...neither I or DNQ are lawyers..we just offer advice based on our knowledge and experience...

Comment #7

Actually, as you know, I do have TM names, but one thing I will tell you. Doing nothing with a domain can be a mistake. You need to show interest ina domain (IE- a fan site) and show you have claiming rights under fair usage.... Now read that again.... "usage", meaning you need to use it to claims rights. Do doing nothing wiht a domain is not using the domain.

But Labrocca mostly is right about how to keep a domain (do a search and you will see my lists of keeping fan sites which I have done many times)...

Comment #8

Yeah my "do nothing" comment may not be the best suited for you. I also did mention just placing a pic of the place with it's address and phone number...

Comment #9

I remember reading somewhere that a chap lost his domain name to a baseball team;.

His location was taken into account, that he lived within 10 miles of the baseball team's stadium was enough to tip the balance in favour of the team..

Don't know the ins and outs of the case at all, just going by memory (hazy at best).

If you just happen to be using it for something totally unrelated to what the people at the xxxxxxxx Promenade project would use it for, I don't suppose they could cry "regged in bad faith!".

After all 'promenad' is a term that can mean:.

A..

1. A leisurely walk, especially one taken in a public place as a social activity..

2. A public place for such walking..

B..

1. A formal dance; a ball..

2. A march of all the guests at the opening of a ball..

C. A square-dance figure in which couples march counterclockwise in a circle.

Stick a few pics of your "walking" hobby seems like a fair usage idea to me...

Comment #10


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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