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Advice needed !

Discussion in 'Domain Name Disputes' started by NickC, Oct 28, 2015.

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  1. NickC Spain

    NickC Active Member

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    I have recently caught a domain name which was previously owned by a pretty big outfit, The domain has good history and PR the reason for catching.

    The domain name was an older company that the big outfit took over, this morning I got this email from them -

    I checked the domain which was the company name but I don't see any trademarks for the name and there is other domains with different TLDs registered in different countries.

    Obviously I don't want to give them the domain back, ideally want to use it for the reason I caught it, but I may let them purchase it back obviously if the price is right,

    my questions is.... Where do I stand?, should I reply with a price to buy it back?, anyone else had this same issue?

    Thanks in advance
     
  2. Domain Forum

    Acorn Domains Elite Member

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    articles.co.uk
     
  3. ian

    ian Well-Known Member

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    There are better positioned people on here able to advise, but if you do reply and want to make it clear that it will cost them, then just mention they would have to acquire at a negotiated fee as you registered the domain legitimately and had plans to develop it.
     
  4. accelerator United Kingdom

    accelerator Well-Known Member

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    Is the domain a dictionary word, or is it a unique word that has been made up by them? Or is it a unique set of words that could only be associated with them?

    It's all going to depend on whether you can claim to have any fair use of the domain.
     
  5. NickC Spain

    NickC Active Member

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    domain

    The domain includes two words, the first word been another name for the UK and the second word is the trade plural

    so for instance "name"Paints.co.uk

    But the company name has been changed a few years back they're actually called something totally different now.

    Thanks for replies so far.. every little helps.
     
  6. accelerator United Kingdom

    accelerator Well-Known Member

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    If there are no trademarks, that's a good sign.

    At this early stage, don't reply saying you are prepared to sell it, as that will count against you.

    If you do want to sell, you will probably need to word carefully with legal speak so they get the message you are prepared to sell, but you don't leave yourself open for a legal challenge.

    Rgds
     
  7. RobM

    RobM Well-Known Member Exclusive Member

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    I wouldn't respond at all. They have asked you to give it to them at no cost. I suspect any response beyond giving it to them is going to be met with legal threats (probably empty) so don't put yourself in that position.
     
  8. accelerator United Kingdom

    accelerator Well-Known Member

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    This all depends on the merits of their case, which as we don't know the domain, are hard to tell.
     
  9. ian

    ian Well-Known Member

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    No problem in responding asking for them to purchase providing you are confident of no legal ramifications. Maybe then if you do reply, state your intention was to develop for a project so wouldn't be available unless compensated. Just remember that you acquired the domain legally (they didn't renew) and providing you don't represent their industry in what you use it for, then there is little I would suggest they can do, but to offer to buy it back. Of course, all assumptions without knowing the domain and back history.
     
  10. markb United Kingdom

    markb Active Member

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    My Advice would be not to mention the idea of selling, but just tell them you bought it and registered it fairly because you have plans to use it. If they really want it, let them be the first to offer you money for it.
     
  11. RobM

    RobM Well-Known Member Exclusive Member

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    Merits of a case are irrelevant. They haven't mentioned it yet - why give them any ammunition at all? If they'd approached with an offer that's negotiable. As it is they have sent an email asking to transfer it over as though it's the most natural thing in the world. This does not say to me 'potential buyer' it says 'potential troublemaker'. As I said I just wouldn't respond and leave the ball in their court. In my experience people who want the domain will come to you and they don't start with 'give me the domain for free please'.
     
  12. Skinner

    Skinner Well-Known Member

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    If this is the name I think which the second word starts with C, then I would tread carefully, and probably not answer at all unless they talk money.
     
  13. NickC Spain

    NickC Active Member

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    Yes that's the one Steven, any particular reason why you would tread carefully more so than another?

    Thanks so far guys been a big help, good input rob makes sense.

    I'll hold off and hopefully they go away.
     
  14. Skinner

    Skinner Well-Known Member

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    In the case of names like this, I don't think the words are a natural fit, I mean its technically a geoPaints name, but I think its too specific for you to not end up being on the back foot.

    I would just ignore them until they go away or offer a sufficiently big offer, and them bring up money first is a whole different game.
     
  15. dragon

    dragon Well-Known Member Acorn Supporter

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    +1 - I'd even go as far as to say it's not really for sale as you have plans for it and development already in process, etc.
    Sometimes soon as you say i'll sell it for x it can give them ammo to use against you.
     
  16. Edwin

    Edwin Well-Known Member Exclusive Member

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    If you registered it for the backlinks not because it's in any way generic, I'd simply hand it over to them. They'll be keeping an eye on it, which effectively stops you setting up a site on the subject so it's effectively "burnt" - not generic, and can't be used for a purpose that targets any latent remaining traffic...
     
  17. NickC Spain

    NickC Active Member

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    Hi Edward,

    I understand what you're saying - but surely if the company is no longer called by this name and there is no trademark for this term then what rights remain and why should I hand it over to them?

    GeoPaints.co.uk isn't exactly a brand name and is semi-generic - after all there could a many companies in that trade in the geo.

    If they were still called by the same name then yeah i agree your right but every company that used to be called X but now called Y can't possibly have the rights over old names as well as their current?

    Edit: also thought it might be worth adding that this company has changed its name 10 times since incorporating, and it's not been called this name since 2009 which was the last name change.
     
    Last edited: Oct 29, 2015
  18. invincible

    invincible Well-Known Member

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    Although they may have changed their name they may still have material and products labelled or branded under the previous. They'll potentially have goodwill in previous names they've used. nyovbapurzvpnyf (ROT13) I presume.
     
  19. NickC Spain

    NickC Active Member

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    Yeah that's the one invincible,

    I decided to put in a response, I told them I registered the domain fairly over 90 days after the expiry date and have already invested time into the project so I can't simply hand it over to them as they wish.

    So far, not heard anything back.
     
  20. timter51

    timter51 Well-Known Member Exclusive Member

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    Just some advice on the SEO side of things here, if it gets nasty then I'm not sure this domain is particularly worth putting up a fight for. The PR5 comes from a 302 redirect in 2014 (Google just haven't run a PR update since), I expect "proper" PR based on backlinks is 1 or 2. With a DA/PA of 20/33 it's really not very strong, particularly as the bulk of that juice is coming from 2 DMOZ links which will most likely disappear the next time it gets updated.

    Not trying to rain on a parade at all here, you might be aware of all that but still see value, just adding my thoughts.
     
  21. ian

    ian Well-Known Member

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    I'd agree having looked at the domain itself, I'd just leave it alone, for that quality, it isn't worth the hassle, though you never know, they may offer to buy it!
     
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