Domain name including registered trade name

[streamside]

Hello, Hope you can help.
About 13 years ago, I registered a .co.uk domain name that included a well known motorcycle name. Cannot really go into specifics, as I have been contacted by Intellectual Property Lawyers re transfer.
I had a small website up and running for a few years offering a free service to enthusiasts worldwide to source parts etc. This stopped a few years back, and I have been sitting on the domain name since.
I have now been contacted and informed that I am not authorised to use the motorcycle brand name, and they want the domain name transfered to them.
Can I be forced to do the transfer, even though I do not have a website associated with it?
Hope that this enquiry is in the correct area of the forum.
Thanks.

 

[accelerator]

If it's a .co.uk, they could choose to take you to a Nominet DRS (Dispute Resolution Process).

Rgds

 

[Murray]

Doesn't seem like you have any reason to hang on to it so I wouldn't waste my time fighting it; have to pick your battles in life don't you.

I would just say cool and let them have it.

 

[PaulGregory]

They can force it, but I wouldn't just give it over for absolutely nothing.

They're paying lawyers to write letters, and if they forced the issue to DRS there would be more expense. You have been renewing the domain that they claim should be theirs, so I'd agree to transfer it but ask them to reimburse costs of around £35, calculated as 7x renewal fees (based on your 13 years), so that you are not out of pocket.

I say £35 - find your most recent invoice for the domain renewal and base the figure on that. Possibly include a copy, but blank out other items.

Word the response carefully so that you do not appear to be holding the domain to ransom, but simply confirm that you will co-operate without the need for a costly process if they cover the fees you have incurred over the past 13 years. Include your bank details.

You should also state that that they should pay the Nominet transfer fee.

£35 is such a piffling amount of money that I reckon they'd settle. OK, it's not much to you either, but you could reinvest it in other domains, or buy a nice lunch.

 

[sdsinc]

As long as you had a fan site running, you could claim fair usage.
Now that the domain is idle it's more difficult. Maybe that's why they waited 13 years before contacting you.

 

[Webtoolkeeper]

Ask them to buy the domain from you. There is no reason to take it away from you for free if the domain is idle and not affecting their business's interest.

 

[namealot]

Ask them to buy the domain from you. There is no reason to take it away from you for free if the domain is idle and not affecting their business's interest.

They think it is that’s hence request or they just don't like squatters …? Doesn’t matter if it is or not its there trademark tuff?

You can try argue the toss of fan site etc doubt you’d win though?
You can ignore it and see what there next step is, Drop the name, Try it out see if there actually willing to go DRS or through the courts, Stick a for sale sign and price on it say £500 or offers There’s a difference between doing that and directly asking them for money which personally I would never think of doing? Remember they have cost too precede DRS xxx Courts xxxx if your amount is less then it really depends on how much they want the name or if it’s the principle that bugs them? Without all the info name how they contacted you what it was exactly etc pretty hard to know all ? If you don't want them to just have it drop it let them pay to reg or if there unlucky some other will reg it first and it will start all over again

 

[Howie Crosby]

Any chance you can set up a quick landing page, something that looks as if the domain is being used, you have a good chance to sell on, considering it is an aged domain etc.

Yes, I presume the company are outside of the UK, therefore the CW claim is different than in the states for instance, it's more red tape for them through Nominet. I have personally chatted with Nominet on this very subject.

Ive personally never played with TM names in domians for this very reason, but all the best.