Can they force me to transfer a domain name

chuckylefrek · 27-08-2010, 12:42:48 PM

I received a letter today from a trade mark attorney representing a large organisation demanding I stop forwarding 2 of my domain names to one of my websites and also that I transfer the domain names to their client within 14 days.

The domain names are what I would consider generic and I have quite a few such generic domain names pointing at one particular site. I bought most of these domain names out of naivity thinking the more domain names the better.

Anyway I have immediately stopped the domains forwarding just to be on the safe side however I would prefer not to have to transfer the domains.

Anyone advise me on my position? One of my domains is .co.uk and the other is .com. The person making the complaint has the .org.uk and is currently forwarding this to another website.

Thanks

Paul

retired_member13 · 27-08-2010, 12:43:58 PM

100% depends on the names in question. Feel free to PM them across if you want an opinion.

chuckylefrek · 27-08-2010, 12:54:44 PM

Thanks TY - I have sent you a PM

Ashton · 27-08-2010, 01:20:48 PM

1) Do they have a trademark (or typo of) for any part of your domain name?

2) Are you making profit from their business?

3) Could your business be considered 'bad' in intent?

If the answer for these is no, then you could be safe.

chuckylefrek · 27-08-2010, 01:22:20 PM

1) Do they have a trademark (or typo of) for any part of your domain name? NO

2) Are you making profit from their business? NO

3) Could your business be considered 'bad' in intent? NO

I think I scored pretty well. My site doesn't make any profit but I would like it to

Ashton · 27-08-2010, 01:26:12 PM

I am pretty sure your safe then.

I also think that someone might be able to help you write a letter back explaining the situation and offering them the domain for a price

Looking at you:

- You aren't breaking trade mark
- You aren't making money off them
- Your business is not bad in intent

Now lets look at them:

- They aren't using the matching domain properly (its forwarding)
- They are willing to hire a lawyer to try and scare you into releasing the domain.

I love that second fact, that means they want it, and they want it badly. Deny them the easy route and they will take the hard route and probably make you a decent offer for it.

retired_member12 · 27-08-2010, 01:30:19 PM

Tread carefully, a trade mark attorney will know his/her stuff!

chuckylefrek · 27-08-2010, 01:38:43 PM

Thanks. Yes the fact the letter is from a reputable trade mark attorney did make me think they may have a good case but thought it was worth getting some advice before I bend over backwards.

Ashton · 27-08-2010, 01:40:11 PM

Quote:

Originally Posted by chuckylefrek

Thanks. Yes the fact the letter is from a reputable trade mark attorney did make me think they may have a good case but thought it was worth getting some advice before I bend over backwards.

Anyway, like ty_ said, all depends on the domains.

What reasons should they have that it belongs to them...

Just wondering... did you register the .co.uk first? or after? and was it in direct response to their .co.uk registry?

chuckylefrek · 27-08-2010, 01:44:53 PM

I own the following extensions:

.com
.co.uk
.net
.org

they own .org.uk

It looks like I registered after them but probably just thought it was a good generic term that related to my site. I have made the usual mistake of buying lots of domains thinking they would help my site get more traffic but now realised my mistakes and letting lots of them expire. I would probably have just let these expire too in all honesty

27-08-2010, 12:42:48 PM	#1 (permalink)
chuckylefrek Join Date: Feb 2008 Posts: 107 No Classified Ratings Domain Trader Rating: (0% / 0)	Can they force me to transfer a domain name I received a letter today from a trade mark attorney representing a large organisation demanding I stop forwarding 2 of my domain names to one of my websites and also that I transfer the domain names to their client within 14 days. The domain names are what I would consider generic and I have quite a few such generic domain names pointing at one particular site. I bought most of these domain names out of naivity thinking the more domain names the better. Anyway I have immediately stopped the domains forwarding just to be on the safe side however I would prefer not to have to transfer the domains. Anyone advise me on my position? One of my domains is .co.uk and the other is .com. The person making the complaint has the .org.uk and is currently forwarding this to another website. Thanks Paul

27-08-2010, 01:20:48 PM	#4 (permalink)
Ashton Join Date: Feb 2010 Location: South Coast Posts: 1,425 No Classified Ratings Domain Trader Rating: (100% / 20)	1) Do they have a trademark (or typo of) for any part of your domain name? 2) Are you making profit from their business? 3) Could your business be considered 'bad' in intent? If the answer for these is no, then you could be safe. Last edited by Ashton; 27-08-2010 at 01:32:48 PM.

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27-08-2010, 12:43:58 PM	#2 (permalink)
retired_member13 Join Date: Jul 2009 Posts: 1,323 No Classified Ratings Domain Trader Rating: (100% / 36)	100% depends on the names in question. Feel free to PM them across if you want an opinion.

27-08-2010, 12:54:44 PM	#3 (permalink)
chuckylefrek Join Date: Feb 2008 Posts: 107 No Classified Ratings Domain Trader Rating: (0% / 0)	Thanks TY - I have sent you a PM

27-08-2010, 01:22:20 PM	#5 (permalink)
chuckylefrek Join Date: Feb 2008 Posts: 107 No Classified Ratings Domain Trader Rating: (0% / 0)	1) Do they have a trademark (or typo of) for any part of your domain name? NO 2) Are you making profit from their business? NO 3) Could your business be considered 'bad' in intent? NO I think I scored pretty well. My site doesn't make any profit but I would like it to

27-08-2010, 01:26:12 PM	#6 (permalink)
Ashton Join Date: Feb 2010 Location: South Coast Posts: 1,425 No Classified Ratings Domain Trader Rating: (100% / 20)	I am pretty sure your safe then. I also think that someone might be able to help you write a letter back explaining the situation and offering them the domain for a price Looking at you: - You aren't breaking trade mark - You aren't making money off them - Your business is not bad in intent Now lets look at them: - They aren't using the matching domain properly (its forwarding) - They are willing to hire a lawyer to try and scare you into releasing the domain. I love that second fact, that means they want it, and they want it badly. Deny them the easy route and they will take the hard route and probably make you a decent offer for it.

27-08-2010, 01:30:19 PM	#7 (permalink)
retired_member12 Join Date: Aug 2006 Posts: 1,510 No Classified Ratings Domain Trader Rating: (0% / 0)	Tread carefully, a trade mark attorney will know his/her stuff!

27-08-2010, 01:38:43 PM	#8 (permalink)
chuckylefrek Join Date: Feb 2008 Posts: 107 No Classified Ratings Domain Trader Rating: (0% / 0)	Thanks. Yes the fact the letter is from a reputable trade mark attorney did make me think they may have a good case but thought it was worth getting some advice before I bend over backwards.

27-08-2010, 01:44:53 PM	#10 (permalink)
chuckylefrek Join Date: Feb 2008 Posts: 107 No Classified Ratings Domain Trader Rating: (0% / 0)	I own the following extensions: .com .co.uk .net .org they own .org.uk It looks like I registered after them but probably just thought it was a good generic term that related to my site. I have made the usual mistake of buying lots of domains thinking they would help my site get more traffic but now realised my mistakes and letting lots of them expire. I would probably have just let these expire too in all honesty