You need to do some research on it but it's the most friendly email coming from the company owners.
I think you should bump your appraisal thread http://www.namepros.com/domain-appra...t=airwalk.mobi..
^^ well, I cant bump it as it's closed thread. maybe make a new thread then?..
Oops sorry I never noticed it..
I guess not. only 1 thread for appraisal.
Ask them what their best offer for it since they're the one's interested?.
Or just follow what it's appraisal price just enough to cover registration fees.
Or use this: http://www.namepros.com/appraisals.php.
Write back and tell them you hold if for development purposes and if they want to buy it they are welcome to make you an offer. Thank them for making you aware of their trademark and reassure them that any site you develop will be completely unrelated to their trademarked categories. Don't counteroffer if they try to lowball you, just ignore them, they will get the message...
Not a good idea to discuss such issues on a public forum.
A) garble? the name of the prospect or even better delete the original email and exchange it with a summary in your own words.
B) exchange the domain to something like ai/rwalk.mobi (also the thread-title).
As soon as this thread gets spidered, he just has to google for the domain or his own name to find this discussion.
I dont know much about mobi and tm-laws in the u.s., but for me it sounds like a valid trademark + bad faith.. so I wouldnt get too greedy.
I don't think you are allowed to use such a tm/nongeneric-name in any form.. or am I wrong?.
I would ask for a nice pair of shoes in exchange for the domain.....
I would give up the name. You obviously believe in .mobi or you would not have registered any names. Help yourself and the community out by letting a major company have their name. BTW, make sure you get a few bucks but you should'nt be too difficult!.
This could end up costing you bigtime if it goes to arbitration. Do the right thing as they have TMs all over the place. Sell it for reg fee!..
All, thanks for your reply...
Now I am still waiting for the email...
*oh no, I cant change the thread title...*.
Mod, please delete this... thx...
Just tell them you want $500. I'm sure you will get it. $500 is nothing to a company like this and it doesnt make you look to greedy and it's cheaper and easier for them to give you $500 than dealing with legal fees and wasting time in court...
I agree ; both parties will save time and money ; winning deal for both...
If he really bought the name without knowledge of the trademark - not hard to do IMHO - there is no bad faith. He has a right to sell or keep the name, as long as he does not use it in a confusing manner. The company does not seem to consider him a cybersquater.
Could move this to Legal section, I understand spiders are excluded from there, or a mod could clean out mentions of the name. But the OP has not said anything bad, only wondered how to respond. Shows good faith to me - if he was cybersquating his reaction would have been very different and he would not have posted here...
$500 is nowhere near adequate compensation for you having to change you development plans. I hadn't heard of Airwalk stakeboarding kit before researching this thread. There are plenty of companies with an axe to grind with this word. Here's a story about a wireless company called Airwalk communications. http://www.bizjournals.com/dallas/st...l?ana=from_rss.
Hang tough and keep the page blank like you've been doing and hold out for fair compensation. Just because somebody uses a phrase within a given sector, it doesn't give them the right to that keyword in every extension. If they want protection, they have to pay for it in my opinion...
Tell them you have declined offers from other "air-related" companies in the xxxx range..
Tell them if they submit an high enough offer, they may just get it..
I agree, with others. Sell it to a company that will develop it, and increase credibility in the dot mobi platform...
All, thanks for all your reply...
They replied me that now they're discussing what they gonna offer to me. so I must wait. and they say that the going price for domains when one owns the trademark from ICAAN is around $500. see http://www.wipo.int/amc/en/domains/fees/ that what they say.
Hmm, and I really like what akcampbell and bobdigital says...
@accentnepal, yes i'm not a cybersquatter. in fact, I search google about cybersquat right after i'm reading your reply. thx...
OK, now they start to play the bully. That is a link to the price list for trade-mark infringement disputes before the WIPO mediation forum. There is no "ICANN TM price list". And it would cost them $1500, not $500, to bring a dispute. Money paid to the forum, not to you. If they hire a lawyer (almost certain) then add $5,000 - $10,000 or more to their costs.
You would have to defend the case, too, unless you want to lose the domain. You could research past cases (DNForum has a library of them) and defend yourself and maybe win, or pay about $5000 yourself for a lawyer and probably win, although there is no certainty.
The main issue in these cases is usually "bad faith" - registering the domain deliberately for the purpose of profiting from their trademark. An obscure New Zealand mark, with several other companies using the same term - it looks to me like you are probably OK.
I suspect they are bluffing to push your price down. They could go to WIPO and spend all that money and lose. But it is a big stick...
Okay, to be honest, i'm really-really-really blind about this thing. now I know they trying to bullying me. and I rather sell it than hiring a lawyer that cost me $5,000. now I am waiting for their email. should I email them and tell them about this? or I tell them what akcampbell or bobdigital said? or just wait till their email?.
Sit tight and do nothing. Let them make their offer. If you think it is a fair offer then fine, sell. If you want to keep the name or you think it is worth a lot more then it becomes more complex.
Regardless, tell them no more information than you need to. That is always good advice in legal matters.
But for now just wait. - And email a mod to ask that this thread be moved to the legal section. There are people there who know a lot about this kind of case. It sadly is not a rare thing...
You registered a known trademark.
Legally, you have no recourse but to give them the name. Your registration does not predate the TM creation, and neither is this a generic term being reverse hijacked. Ignorance of a TM cannot be taken as an excuse in a court of law.
Your best option would be to either hand over the name, or get whatever nominal cash you can from them...
^^ yeah, my mistake. thanks. get some experience here.
@accentnepal, you really help me. thanks...
A trademark is not total ownership of a term for all uses.
There are apparently several companies, in different businesses and in different nations, using the name a!rw@lk - that in itself shows it is not exclusive. (I have not checked this, am going by an earlier post.).
A trademark has boundaries. A generic term makes those boundaries smaller but any trademark has boundaries. The test is confusion - is it likely that a customer looking for the trademarked business would confuse the use of the name? Skateboards are usually not confused with shoes.
Perhaps the domain owner wishes to create a mobi site with real-time instructions of a light-footed walking meditation. He is legally free to do so.
Although, granted, anybody can sue regarding anything at anytime...
What do you think if now i'm rent a hosting, running my @!firstname.lastname@example.org site with 'coming soon' or 'site under development' page or maybe set some page unrelated with a!rw@lk company does? as now the domain is not active or parked...
If you mean would it help with this issue, no. Once contact is made then you can't show "good faith" by being unrelated. Having the the domain not active is good.
Hopefully the company will make you a reasonable offer that you can be happy with. That would be the best move for them, as well as you. If they tried to take the domain and you won the UDRP then they would never get it, plus they would be out all that money.
PM one of the mods to move this to the legal section, if you want other opinions. I am logging off now, it is almost 5 AM here...
If some company wants it or think they need it now, they'll want it in the future too, probably more..
Hold out for your "price".
Contact other companies that may want it and at least give them the opportunity to offer you some $$$. They can only say no thanks...
I am surprised a shoe company would even want that. but good luck get the most you can...
Why would'nt they want it? After all, their brand.
Is it fine if I contact other 'airwalk' company and offering this domain? just what bobdigital said...
If "blablabla" is a trademark, then no. (It shows bad faith on your part.).
If "blablabla" is a generic term, then yes.
Edit: Replaced domain name with blablabla..
No.. I wouldn't do that. go with accentnepals advice. he is right. otherwise you may loose the domain..
Have you already asked them to make an offer? if so, imho you have to accept any offer from them. if not, read this:.
Pursuant to the ICANN Policy paragraphs 4 (a)(i)(ii)(iii) the Complainant must convince the Panel of all three elements if it wishes to have the Domain Name transferred. It is incumbent on the Complainant to show:.
1) that the Domain Name is identical or confusingly similar to a trademark in which it holds rights;.
2) that the Respondent has no rights or legitimate interests in the Domain Name; and.
3) that the Domain Name was registered and used in bad faith.
Inform yourself about (2) and (3)..
Dont ask anyone to make an offer on your domain.
Next time, you work something out for (2) and (3) before they contact you.
Good luck and keep us informed..
^^ damn, I don't know about this, their second email says how much I would willing to sell it. so I reply them with:.
If that's what you called extraordinary amount, how much do you offer for this domain?.
Then before they replied, I email them again:.
"Hi, sorry for my last email. Forget about my last email. Show me your best offer. Thanks.".
And so they replied me and I must wait as now they discussing what they're gonna offer to me...
This is baad,,, this is baaaad....
But, umm, do you think I used in bad faith? I just respond what he said about 'how much'.....
The "right" answer would have been:.
I registered the domain for presenting topic xxxx (insert non-tm-related topic here) online. currently I am working on the website and have no interest selling it.
Then they would have made you an offer anyway..
In reply to their offer you could have said that you already invested some money and lots of time so that they have to raise their offer.. and so on...
Campbell and I told you before you replied their email..
Stay calm, don't get greedy, dont counteroffer.
Check your pm, I sent you something.
P.s.: sorry for my rusty english..
^^ thanks, okay, I just need to stay calm...
It's fine for your english, just like me, english is not my native.....
Even if a phrase is trademarked. when it a web address two words are thrown together in this case air and walk. You would be infringing if you were selling things as airwalk. but a URL you can say is not their trademark it is the sest SEO version o your 2 keywords air and walk. If you garble together some homepage about a new dance move the "air walk" or parachuting, etc then legally they have no recourse. you can probably exspect a minimum of $2000 but maintain it is unrelated stick an easybuild homepage up and then by glancing at it they know they have no legal right and that they will need to buy...
One might do something like the following:.
Welcome to BlaBlaBla.com! This domain name is held by (you) for investment and/or development purposes. Please check back soon to monitor my progress!.
In the event you have arrived here in error, the following links may be useful to you:.
BlaBlaBla Products http://BlaBlaBlaProducts.com/.
BlaBlaBla Services http://BlaBlaBlaServices.com/.
The BlaBlaBla Blog http://BlaBlaBlaBlog.com/.
And so on.
I might google to find every possible place an Internet user could be looking to go to, as the more of them there are, the more comfortable I would feel. I think that just as in the case of VISTA.COM, there are often several possible legitimate buyers for a domain name.
If I couldn't find a list of such legitimate alternative users to display, then I think I would just let them know that I was unaware of their TM and I would appreciate an offer that would at least offset my time and expense in finding and securing the name.
Of course, that's just what I might do and I'm not an attorney and do not represent the preceding as advice to your specific situation, but rather a more general opinion regarding responses in similar but not exact circumstances...
Wouldn't it be dangerous to state that it is held for "investment purposes"?.
In case of a wipo-udrp you have to convince that you have legitimate interest in the domain "investment purposes" aren't enough afaik...
To everybody who has made comment on this post, if you have put "the domain name" in your post, please remove this name and replace it with blablabla or something else. Search engines could index this page, and when the potential buyers type "their domain name" in the search engine and this page comes up, then they will know about this UDRP thingy and this could hurt the seller. So I urge everyone of you to replace "the domain name" with blablabla...
It might work out in the owner's favour if the company who want this domain found an indexed link and visited this page. Then they wouldn't make silly comments about $500 being the going rate for trademarked domains.
If somebody is serious about getting a domain somebody else holds it's not going to take them long to find out about the UDRP. I imagine you'd get hundreds of UDRP links if you put "Domain dispute" into a Google search. If this company made a UDRP claim, they would lose in my opinion because there is no bad faith.
Answering a case to the UDRP is no bad things, it means the potential acquirer is sinking money, time and emotional energy into getting the domain, if they lose they are more likely to make a knock out offer for what they covet...
Are you suggesting that one can have no legitimate interest in a domain name unless it is actively in use or development by a company? What's not legitimate about holding intellectual property for future exploitation? Are you aware of a requirement that requires me to have investors immediately ready to develop every domain name I register? Can I not hold the domain name until it's related market further matures?..
In regard to this domain it's interesting to see the extensions. You would have thought that they would have WIPO'd the heck out of that .net version. The .info looks like it could be a tourist site.
Anyways with the bad faith issue for this domain make sure you are not serving any ads related to that company. Although the term might be trademarked the term is somewhat generic in nature.
For future reference folks-.
I thought that you were going to develop a walking tourism company with that domain.
Get some fresh air - Book your XXX XXXX trip today.
If that development plan has been delayed obviously you might be interested in parting with the domain.
...and the .org says "for sale" in big letters.
It seems as if they are true .mobi-believers..
^^ thanks all...
They say that they're gonna discussing about this domain. so i'm just waiting.....
Curious what they offer..
I'm just glad to see a corporation seeking development for the .mobi extension..