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GoDaddy review : Good idea to go GoDaddy?? Question specific to .TV

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Hello Everyone,.

Now my question is a peculiar one. This is the first time I have a feeling that I may just may be on the wrong side of things.

So it all began with the .TV opening up premium names with regular renewals recently. I registered many interesting ones (in good faith). Some that became regular reg-fee and some with discounted premium fees with regular renewal fees.

One of the TV-names I paid mid xxx for, happens to be a TV channel for a fairly large country while being a VERY common word in the English language (with a verb, adjective, noun usage). I later checked that they have a trademark on the word as well. Which is stupidly common in that country.

Here is what the mistake a committed:.

I figured the CEO's contact and wrote to him. He in practice forwards to his head of marketing who in turn marks a CC to the legal person and sends me a "call to help us understand" email.

I had in my email given a small idea of why a .tv domain exists and it is important for the prospect to look at it.

Anyways, I now need help with the following:.

- What could be the worst case?.

- I am due to speak to him now. How can I safeguard myself?.

- Since the TM is in one country, and .TV is essentially Tuvalu, how can it work?.

- Does the TM in the country of existence be overruled because of the generic quality of the word?.

Thanks!..

Comments (7)

Looks like you landed yourself in hot waters..

Basically you are trying to sell a TM to the TM holder. I would interrupt communications at this point. When you're in a hole, stop digging.

If you ever use that domain, you need to be extra careful that it will not infringe on their brand...

Comment #1

*.

If the name is important to you and it's a generic word, I suggest that you speak with an attorney who specializes in trademark cases and like sdsinc says, cut off communications/negotiations with the TV station and don't infringe on their brand.

*..

Comment #2

Well, as I mentioned in a PM to you ... karma will caught up with you .....

Comment #3

Actually the question has nothing specifically to do with .tv, it could have been any extension to be considered cybersquatting..

Comment #4

It's hard to say without actually knowing the communication in your email. If you said I will sell it to you for $x,xxx then you've kind of showed a bad faith hand. If no numbers were involved you are in a much better position.

Bear in mind that they have FOUR routes:.

1) UDRP - this will cost $1500 roughly.

2) Lawsuit - this is unlikely.

3) You sell it to them at YOUR registration cost. This is perfectly reasonable and considered good faith attempt to transfer the domain. You don't have to EAT the cost.

4) Leave you alone and let you use it in a good faith fashion.

I'm not a lawyer and can't tell you how to handle it.

Me? I'd be inclined to tell them that I had personal plans for it that wouldn't infringe on their trademark; however, given that I discovered them I'd be willing to part with it at my registration cost.

But that's just me and I'm NOT a lawyer.

Good luck. The most important thing in your favor is that you don't appear to be a trademark squatter.

Tuvalu has nothing to do to with it. Ownership of the right to lease the name had you agree to WIPO - i.e. you agree to not violate trademarks and are subject to UDRP..

Comment #5

"I cybersquatted and tried to sell a TM domain to the TM holder... Insert excuses X, Y and Z for why I'm not cybersquatting, even though I clearly am. Instead of giving me money, they forwarded it to their lawyer... WHAT DO I DO???".

LOL. I love threads like this..

IMO, you've broken the "bad faith" membrane already by contacting a TM holder trying to sell them a TM name and unfortunately, you cannot piece that back together into 'good faith' again.

Anything after the fact is "NBA... It could mean National Bible Association" type nonsense.....

Comment #6

You're such a jackass.. that's a typo for NRA...

Comment #7


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

 

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