Handing over a domain

davedevelopment · 10-09-2009, 09:31:14 PM

I just had to hand over a domain for the first time, feel kind of gutted. Funny thing is, it was the web developer in me that registered the domain, 6 months before I got into domaining, with no intention of infringing their trademark.

The domain wasn't a direct trademark infringement, but could be 'confused easily' with the trademark. I hadn't tried to fool anybody with the site I had on there, the name fit the purpose of the site very well and the site didn't bear any resemblance to the complainants site, nor was it providing a similar service.

I tried replying to their initial threatening email twice with my proposals to reach an amicable agreement, to which they didn't respond. They called me earlier and simply said they couldn't have the domain 'out there' and wanted to sort this without the use of their attorneys.

After agreeing to transfer the domain to them, I asked if they had any plans for the domain, or if they simply didn't want anyone else to have. They said they couldn't disclose that information.

I'm actually a user on their site so I cheekily asked them if they were feeling generous to upgrade my membership as a way of compensating me, you never know.

Ah well, writing about it didn't make me feel better...

retired_member6 · 11-09-2009, 12:10:42 AM

never let domains go for free.

riz77 · 11-09-2009, 11:26:38 AM

About 2 years ago I received a letter, documents and email from a German law firm stating that I had infringed upon their clients property. The domain in question which I owned at the time was nothing special, mygolf.tv the client owned mygolf.de. Since I was not too bothered with the domain, the legal firm offered me 500 euros for me to transfer the name, the catch was I had to pay 150 Euros transfer and registration costs. In the end I told them to pay for it themselves and I eventually settled up with 350 Euros. I told them to go after the .com, .net etc domain holders instead, they did not like that.

davedevelopment · 11-09-2009, 11:53:34 AM

Quote:

Originally Posted by LeeOwen

never let domains go for free.

I just don't have the time, knowledge or money to fight a legal battle. One man army vs a company with a post money valuation of a billion dollars.

suzi · 11-09-2009, 11:54:12 AM

@Lee:

Even if there is a clear infringement? Just hypothetically, of course.

monaghan · 11-09-2009, 12:26:51 PM

it's not unreasonable to expect them to cover your costs associated with handling the domain transfer, you can easily waste a couple of hours with email exchanges / phone calls on the simplest of transfers.

davedevelopment · 14-09-2009, 09:49:44 PM

Transfer went through today and to their credit they upgraded my membership on their site for a year, about $250 worth, better than a kick in the nuts.

snooze · 17-09-2009, 09:14:22 AM

I have a co.uk domain - Mr. Gates has the .com and I am worried that they will one day come and ask for the domain.

I have tested the water by approaching them and asking them for link back - they offered reciprocal links instead.

I am a bit reluctant to spend too much time or money on it just to have it taken away - I a watching the space.

10-09-2009, 09:31:14 PM	#1 (permalink)
davedevelopment Join Date: May 2009 Location: Brough, East Yorks Posts: 988 No Classified Ratings Domain Trader Rating: (100% / 59)	Handing over a domain I just had to hand over a domain for the first time, feel kind of gutted. Funny thing is, it was the web developer in me that registered the domain, 6 months before I got into domaining, with no intention of infringing their trademark. The domain wasn't a direct trademark infringement, but could be 'confused easily' with the trademark. I hadn't tried to fool anybody with the site I had on there, the name fit the purpose of the site very well and the site didn't bear any resemblance to the complainants site, nor was it providing a similar service. I tried replying to their initial threatening email twice with my proposals to reach an amicable agreement, to which they didn't respond. They called me earlier and simply said they couldn't have the domain 'out there' and wanted to sort this without the use of their attorneys. After agreeing to transfer the domain to them, I asked if they had any plans for the domain, or if they simply didn't want anyone else to have. They said they couldn't disclose that information. I'm actually a user on their site so I cheekily asked them if they were feeling generous to upgrade my membership as a way of compensating me, you never know. Ah well, writing about it didn't make me feel better... __________________ Me: Blog \| Company \| Twitter Coming Soon: DaveDomains \| DaveCatcher \| FreeToReg.co.uk

11-09-2009, 11:54:12 AM	#5 (permalink)
suzi Join Date: Apr 2008 Posts: 529 No Classified Ratings Domain Trader Rating: (100% / 12)	@Lee: Even if there is a clear infringement? Just hypothetically, of course. __________________ * Anti Virus Software * Beds & Mattresses * Tool Hire * Flowers By Post * Bottle Jack * Mobile Upgrades *

11-09-2009, 12:26:51 PM	#6 (permalink)
monaghan Join Date: May 2007 Posts: 1,052 No Classified Ratings Domain Trader Rating: (100% / 7)	it's not unreasonable to expect them to cover your costs associated with handling the domain transfer, you can easily waste a couple of hours with email exchanges / phone calls on the simplest of transfers. __________________ Alex Monaghan - Drop Catch & Drop Lists - PM for details Online Accounting\|Pine Furniture\|Barbie

14-09-2009, 09:49:44 PM	#7 (permalink)
davedevelopment Join Date: May 2009 Location: Brough, East Yorks Posts: 988 No Classified Ratings Domain Trader Rating: (100% / 59)	Transfer went through today and to their credit they upgraded my membership on their site for a year, about $250 worth, better than a kick in the nuts. __________________ Me: Blog \| Company \| Twitter Coming Soon: DaveDomains \| DaveCatcher \| FreeToReg.co.uk

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11-09-2009, 12:10:42 AM	#2 (permalink)
retired_member6 Banned Join Date: Apr 2005 Posts: 5,740 No Classified Ratings Domain Trader Rating: (100% / 41)	never let domains go for free.

11-09-2009, 11:26:38 AM	#3 (permalink)
riz77 Join Date: Jun 2009 Posts: 175 No Classified Ratings Domain Trader Rating: (100% / 10)	About 2 years ago I received a letter, documents and email from a German law firm stating that I had infringed upon their clients property. The domain in question which I owned at the time was nothing special, mygolf.tv the client owned mygolf.de. Since I was not too bothered with the domain, the legal firm offered me 500 euros for me to transfer the name, the catch was I had to pay 150 Euros transfer and registration costs. In the end I told them to pay for it themselves and I eventually settled up with 350 Euros. I told them to go after the .com, .net etc domain holders instead, they did not like that.

17-09-2009, 09:14:22 AM	#8 (permalink)
snooze Join Date: Aug 2009 Posts: 148 No Classified Ratings Domain Trader Rating: (100% / 2)	I have a co.uk domain - Mr. Gates has the .com and I am worried that they will one day come and ask for the domain. I have tested the water by approaching them and asking them for link back - they offered reciprocal links instead. I am a bit reluctant to spend too much time or money on it just to have it taken away - I a watching the space.

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