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GoDaddy customer service : Suggest I use GoDaddy?? Can even contacting a business with a potential legal interest be>>>>

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A risk - greater than if you didn't contact them to begin with? Is there a way to contact a potential buyer while leaving the potential legal situation "neutral"?.

Real example:.

I own porthongkong.com (sounds nice when you say it, has a nice ending rythme.

My plan is to develop this domain (and 27 others that I own in the port"nameofport".com series, and turn it into a content based port network representing the 16 of the 20 busiest ports in the world - with the idea that it would be adsense funded.

The queston is - before I do all that work - if I offer any of the port .coms to the ports themselves or to major port users will that offer in itself (made prior to the development of the sites) be able to be used against me in WIPO or URDP stuff? Also is there any way to avoid the potential use of my solicitation by writing "Without Prejudice" at the head of the email or - to specifically state that "The world port network is currently in the process of being developed, but that before it's launched you may be interested in this domain name" as part of the soliciting email.

I am in the process of gathering data for this project, but a wholesale sales of all 28 port domains would be good too.

Thoughts/comments..

Comments (5)

I believe the answer is yes. It will be harmful in a WIPO case but there are other factors to consider in a WIPO so it's not automatically going to cause a lose...

Comment #1

Yep, having a name , especially underdeveloped, and offering it for sale to an entity that may have ANY claim to a copyright will automatically loose. It is not considered "Fair Use".

Here's a link http://www.icann.org/dndr/udrp/uniform-rules.htm#5http://www.icann.org/dndr/udrp/uniform-rules.htm#5.

WIPO follows the ICANN UDRP ( world intellectual property Organization, Internet Corporation for Assigned Names and Numbers, Uniform Domain Name Dispute Resolution Policy).

I would read up on this before you do anything.

Don.

EDIT:..

Comment #2

Am I dense, or do you keep asking the same question every week? http://arbiter.wipo.int/domains/deci...2001-0001.html..

Comment #3

No - John the question is still there from 2 weeks ago when I asked it....

Don revived the old post by responding to it today.

However while we are on the topic.....I'm in the final stages of securing marketing right to a domain that was previously used (consistantly over a period of 6-7 years) in a particular business.

The domain is no longer needed for the "old use" - however the domain has significant generic value and in particular to a couple of large end-users (that are in completely different businesses than in the business that the orignal domain was used in).

My concern is NOT that these businesses could/would fight to get the name in general (that can happen any time)- but that their "case for stealing the name" would be strengthened by the fact that they could use our solicitation to them to purchase the name against us.

So I guess back to the question - can one solicit a business to purchase a domain name and include some kind of wording in the solicitation that would make it illegal or difficult for the business to use the solicitation itself as valid point in a lawsuit should the business try to steal the name from the domainer?.

Peace,.

Tarry G..

Comment #4

There is no straight forward answer to this quesiton since we would need to know the domain and the business yo uwish to solicite. But is the domain contained a TM which the business has rights and you solicite them, that could be used as a "bad faith" evidence. If the domain is truly generic in nature, it may be a different story, but people have lost generic names before, so keep that in mind...

Comment #5


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

 

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