droid

Hi all,

As a newby to domaining I was alarmed this morning to receive a solicitors letter stating abusive registration and demanding I give up a domain.

The domain was previously owned by a UK based overseas aid organisation (since 2001) and was acquired by myself when the name expired.

Knowing a local company who have the same LTD name, albeit they trade under another name I thought this may be of interest to themselves.

I emailed the company asking if the domain may be of interest as I would be happy to sell (£400) and got no reply until today from the solicitor.

The letter claims incorrectly that the company has had previous use of the domain name. All other domain types are taken by various other organisations.

I did initially point the domain to my website, mainly to prove ownership to the company but is now, as of today on a 123 default parking page.

Have I dropped a big googly here ?

To be honest I would rather give it back to the previous owner than these people now.

Would really appreciate some words of wisdom on this one.

Cheers
Gary

admin

A lesson for everyone here, the most obvious person you think will want your name is the one who may have rights to claim it off you!!

Check the UK trade mark database to see if the have a TM.
Is an obvious trademark of theirs in the domain name or is it generic?

__________________
Domain Appraisal | Domain Scripts | Domain Software| link to Acorn Domains

retired_member11

If you want GBP 400 then just point them to the DRS and take your chance in the mediation stage to negotiate a sale...for GBP 500

I doubt it would go the Court route. That wouldn't be logical for the other side. Then again, some people are illogical.

keys

Based on what you say it is hard to see any basis for a claim of passing off. It sounds like a heavy handed bluff from the solicitors, but you need to check the details carefully.

Contacting the company and offering the domain for sale was not a good idea, although the price is reasonable. It will cost them more to take action against you, so it would make financial sense for them to just buy the domain.

retired_member6

With one company who tried that, I asked for £1500 at first, got a letter, and said well we're both going to court then, are you sure you want to do this? The reply was no and it was sold for £500. It's up to you how you do it, your domain, your loss if someone here says something, you repeat and it goes wrong.

Cheers
Lee

droid

Thanks for replies.

As far as I am concerned the name is an acronym, used by several organisations. Doesn't seem to be any trademarks on the name. Not sure if I should put it here though. (Admin I have PMd the name)

Wasn't sure about offerering it for sale but they were the obvious choice to me being local and having the LTD name.

Just wanted to sell a domain really.

Gary

retired_member16

Stand firm and go the distance.

£400 is less that the DRS, if they wish to go down that route let them and lose the domain for £6.

If they wish to stump up the £400, then so much the better.

stender

Don't think it's passing off, I believe once you offered it to them they could go for registering in bad faith?

droid

Thanks for the advice so far, just a couple more questions if I may.

Is there a best way of replying to these kind of letters, given that I do not want to surrender the name ?

Or can I get in trouble if I ignore it, in fact letter says I must respond today ?

Gary

retired_member6

They're only a solicitor, you don't have to 'must' do anything. The most annoying thing for them, would be no response.

Lee