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I hope someone can help. I have some eu domains that are not active. Even though I bought these domains for future development, some of them could be for sale. How to reply to inquiry for domain in a way that can not be used as bad faith. Is asking money a bad faith..

Thanks..

Comments (5)

Could you possibly explain the situation in a little more detail?.

Has someone approached you interested in purchasing the domains, or are you attempting to approach someone else?.

Also, are the domains in any way related to another company's trademarks or are they generic?..

Comment #1

If a company approaches you to buy it, I imagine that would be a negative for them, because by offering to buy it instead of just sending you a C&D or filing a UDRP, they sort of acknowledge your legal right to own it. I dont know how this is handled in WIPO cases, maybe someone can clarify this?.

If it possibly infringes on a TM of the company who is contacting you, I'd probably just reply that you bought the domain and have plans to develop it. And leave it at that. If they really want the domain, they may shoot you back an offer, at which point, you should be perfectly in the clear...

Comment #2

Many thanks slipxaway. This is more like a general question (how to reply when it happens). Some of my domains are generic and some of them are not (LLL.eu are not generic I guess)..

Thanks..

Comment #3

Length has nothing to do with somethine being generic. The real determination is how you are using a domain and how that relates to anyone who thinks they might have a claim against your domain.

For example: If you owned BBC.eu, it is still a generic domain in general, however it is also a trademark in a specific industry (television and the like). There are no issues if you run a service called "Ben's Bargain Computers" that you redirect the domain, however if the site you redirect to is related to a tv station you own, or in any way attempts to benefit from the BBC's tm, you then run into issues.

Good faith is when you have a legitimate use that in no way infringes upon someone else's trademark. If you have this and have chosen to use the domain in that way, whatever company looking to accquire the domain does not have any rights to it and are simply wishing to purchase the domain as though it were a bag of chips you purchased. Therefore, you are free to what you choose when responding to their interest in purchasing your domain, be it to negotiate for a price you think is fair or decline to sell...

Comment #4

[QUOTE=slipxaway]If a company approaches you to buy it, I imagine that would be a negative for them, because by offering to buy it instead of just sending you a C&D or filing a UDRP, they sort of acknowledge your legal right to own it. I dont know how this is handled in WIPO cases, maybe someone can clarify this?.

QUOTE].

Just because a company approaches a domain owner does not mean they legally acknowledge thier rights. They could be doing it for several reasons: 1- to get the domain at a fair price without all the hassle 2- To try to obtain proof of bad faith and/or to show how thier domain is being held "hostage" at an exhorbinate fee...

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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