oops Got me a solicitors letter

[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?

 

[retired_member11]

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

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]

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.

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]

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

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

Lee

 

[Pred]

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

Lee

exactly.
also you know who previously owned it & it wasn't them
fight fire with fire & send them a solicitors letter back telling them to stop reverse hijacking you & to poke it.
however if they learn some busoiness etiquette, it 'may' be available to a sensible bid.
google the acronyms & list several dozen of the other companies it applies to & ask them what god diven right they 'think' they have.

or

as Lee says. ignore the bitches

 

[Johnp]

Always worth trying - 'The Name was expired and usually that is a sign of company no longer trading. I acquired the domain because of it was appropriate for a project I have already started and the appropriateness of the acroynm to this project. However if you are a Ltd company who could also benefit from the name, then happy to consider a transfer for my administrative costs plus the developments costs incurred to date' - then name your figure. Worked for me last month ! - LOL


JohnP

 

[GWing]

when they say you must respond today, it is because in usual legal cases, if you delay them and don't reply. Then the charges for extra letters can be added to any costs if you lose.

But as DRS doesn't allow any kind of costs awarded even if you lose, take your time.

 

[aquanuke]

Ive had my share of solicitors letter.. never had one that gave me a day to respond. Sounds micky mouse scare tactics to me. Bin it, bet you never hear back from them.

 

[GWing]

only had one up to now,

you have 7 days to hand over the domain name, write a letter of appolgy to their client and pay for the costs of this letter.

I thought it was a wind up but they were being serious,

 

[stender]

I would also check that they are a valid solicitors. Quite easy to send you a letter with my address but do a little logo saying STENDER & ASSOCIATES

 

[Beasty]

I would also check that they are a valid solicitors. Quite easy to send you a letter with my address but do a little logo saying STENDER & ASSOCIATES

Holding yourself out as a solicitor if you are not one can be a criminal offence - so not recommended! :twisted:

 

[stender]

Thanks for stating the obvious beasty. There are also people who send you emails asking if you wouldn't mind looking after $200 million dollars in your abbey national account for a weekend. These people are also up to no good but do they give a shit? No they still do it.

Regards
Stender MI5 agent

 

[droid]

Thanks to help from this board (and a local solicitor) I have put together a quick reply to the letter.

Can anyone see any holes in it ?

Without Prejudice

Dear Sirs,

Reference your recent letter dated 3rd July 2007, reference xxxxxxxxx regarding domain name xxxxx.co.uk

Your comments are duly noted.

The generic acronym domain name xxxxx.co.uk was acquired as this was appropriate for a planned project which is now in development.

However if your client is a Ltd company who could also benefit from the name, then I would be happy to consider a transfer for my administrative costs plus the developments costs incurred to date.

Total cost at time of writing would be £400 plus nominet transfer fee.


Kind Regards



Gary

 

[Beasty]

Thanks to help from this board (and a local solicitor) I have put together a quick reply to the letter.

Can anyone see any holes in it ?

Without Prejudice

Dear Sirs,

Reference your recent letter dated 3rd July 2007, reference xxxxxxxxx regarding domain name xxxxx.co.uk

Your comments are duly noted.

The generic acronym domain name xxxxx.co.uk was acquired as this was appropriate for a planned project which is now in development.

However if your client is a Ltd company who could also benefit from the name, then I would be happy to consider a transfer for my administrative costs plus the developments costs incurred to date.

Total cost at time of writing would be £400 plus nominet transfer fee.


Kind Regards



Gary

If the solicitor does not already know it, "without prejudice" does not apply to DRS. Crazy but true. There is a way around it that your solicitor can no doubt advise you on.