Without knowing the name it will be difficult for people to give their comments, but don't post the real name here it could lead to problems in the long run I believe.
IMO, the webmaster never should be responsible for the name, (hey they claim it was their name so it should be in their posession) but that is a common problem in these days...and maybe they forgot themself to renew it.
Also, maybe they had some beef with the webmaster and he tried to sell the domain what he registered for them and they didn't wan't to pay a lot....There are too many unknown components involved....
It is a personal written email with a statement that a lawyer will contact you, the guy tries to scare you IMO.
You should also check if there is a TM on the name....
Go to archive.org and check the history of that name.......
Don't park the name and make sure it is not "standard parked" by your registrar, they monitize it themself with advertising and if they show some competitor ads you could have a problem later.
That is all what I can think off now....i let it to the others for more advice, good luck :-).
This is gonna be important based on what the domain is. Is this domain a TM? Is it generic? Was there anything ever built upon it? I find the thread of lawyers rather amusing but I think your first move is to relax and take a deep breathe. Then I would recommend waiting to see what they do. Once they make their movie, contact a domain attorney, see what they recommend.
Hmm I see there is no brand like that registered in the country! and it is a generic term(s).
What should I send back, or nothing?..
I'd just wait and see if it is in fact a bluff -.
You say the term is generic ? Was there a company site on it before ?
No it wast not.. and archive.org is not showing any results either..
But it might was a redirect?? or do they also show up in archive?..
Proceed with caution. The nature of the name is generic, but they can be TMed. IE- Windows, Cahmpion, Cheer.. all generic in nature, but are TMs. Also, you say the TM is not registered, but do they have an aurguement for a "common law". Google teh name and see what pops up.
As mentioned, take a deep breath, relax and see what they say. They may offer XXX amount to get the domain back fast. But research and see who you are dealing with and research the product, if it is a name of a product. Unfortunately, if it is a product and they can establish TM rights through common law usage, then you contacting them could be viewed as cybersquatting...
Yeah,, no it is not a product... it is a term !.
I know with who I am dealing with, and I also know his phone number.. but I did not mail back yet!.
I don't know where I can check Trademarks in the netherlands.. does anyone know? Google is not helping either!.
They own the .nl of the terms though ! is that hurting?..
So you picked up a domain for backorder fee, and then attempted to sell it back to the registrant who had let it expire?.
A rose by any other name...
Rose Royce (not the car).
... can still be a TM :smile:..
Don't panic. Until proven otherwise, you own the name. Don't make any rash decisions. Think things over; ask for advice. Be positive. Ya never know...
Don't worry, I picked up a name the same way you did and this person owned the .net. He called me, we spoke, it was civil but guess who still has the domain? I do, I told him he could buy it back but he wanted it back for free and to make me a partner. My feeling on this, don't worry, relax. My guess is that you'll hear nothing and whatever you do, don't give it back for free. Cheers...
Don't do anything. Its your domain. They are trying to scare you off and get the name for cheap.
This is not the way they are supposed to deal with the current owner of a domain they are interested to. I find their approach unfriendly...
You tried to sell it back to them?.
Sounds like cybersquatting to me...
Only if they are able to prove their TM. If they can, then yes, if they can't then no. Read the post above...
If the term is used in commerce (e.g. apple for computers, tide for detergent,.
Etc.), then it's a trademark.
See if archive.org managed to catch any website previously attached to it,.
And google for "term trademark". But if the other party is going to force the.
Issue, then be ready to seek specialized legal advice.
And yeah, don't panic...
You should never contact strangers for domain sales. Let them come to you. You have places like Ebay, TDNAM, other action sites...
True, I maybe made a mistake by contacting them, but it was other whois info than the .com !.
I mailed him back I await info from his lawyer and how he wants to proceed.
I am not giving it back for free ! he can buy it if there is no TM..
Here you go Nomar - Here is where you search for Dutch trademarks...
Damion, I did a search there, and no results are showing up !! This is positive right ?
I guess it is, but maybe you need to dig deeper, PM the name and I can look into this for you, if you want to?..
To check American TMs you can use http://www.uspto.gov and go to trademark search...
Did you read my post? I asked about a product since you mentioned "brand". Is it a product or not? If you want help, gotta answer the questions...
Sorry DNQuest.. it is not a product or brand.. it is a generic term!..
If you are 100% certain it not a product or brand, it would seem you would be ok. But be careful, "generic term" has a whole different meaing in trademark law than it does in real life. Some people like to hold onto the "generic term" argument, but TM law states otherwise. Just because you view it as generic does not mean it is generic in TM law. And trademarks DO NOT have to be registered to be afforded protection.
What still bothers me is when you said "I see there is no brand like that registered in the country!". It could just be me reading too much into it. But I do like to err on teh side of caution...
And do not talk to any one concerning this name, Once you have been threatened with a law suit, the least you say, the better, If a lawyer contacts you by phone, Simply say, I have nothing to say, and hang up, It is doubtful that will happen, Most lawyers send things by mail, they do not want to talk to you by phone, there are to many chances of, He said- He said, In court.
I wouldn't worry about, Until you receive a written document concerning the name, If you ever do, People like to throw "Lawsuit" and "Lawyer" around, to intimidate people...
Didn't you read or understand my post earlier?.
Then again, DNQuest answered your question...
Emailing back at this early stage just gives them ammunition to work with..
And you keep saying it is "generic"; how about an analogous word/phrase?.