TM Names - Returning to Owners

[Skinner]

I recently bought a few batches of bulk of domain names and found a dozen or so TMs in there some are generic words some are made up but I don't really want any of them heh.

I'm thinking of contacting the TM owners and explaining I bought a bulk of domain names which included some of their names, and I would like to return the domains to them if they would cover my costs which are about £10.

Is this worth looking at ?

I know this act is setting me up for a DRS but £10 is neither here nor there and just covering costs, is my most likely response going to be them demanding the name for free or do you think anyone would attempt to DRS instantly ?

Again I'm not asking for massive fee's just covering my costs rather than flushing a few hundred quid away.

 

[dtm]

When you say covering your cost of £10 do you mean the Nominet transfer fee or your time in talking to them over this?

I'm new to situations like this but if you are just talking about the receiving company paying the £10 transfer fee then it may be worth just deleting the domains so:

a) The company can pick it up if it wishes

b) A domainer can reg the domain and then it becomes their problem not yours

 

[jasman]

Are they .uk domains or tlds? I ask because the legal process of disputing ownership is quite different and therefore has different implications in terms of the risk of approaching the trademark owner. For example a TM owner filing a WIPO claim for a tld might request to the adjudicator that you pay their legal costs, if you are found to have shown bad faith. In such a case you would have beeb better off transferring the domain to them for nothing if they insisted or deleting it because the downside (the possibility of having to pay £1000s in legal costs) would far exceed the upside (getting £10 off them).

Incidentally, you might be able to palm the names off onto someone else on Ebay or a similar site who would be prepared to risk contacting the TM owners trying to get £hundreds or £thousands for each name. Such a person might be more than happy to give you £10 or even more per name, especially if they are unaware of the usual legal process.

 

[retired_member25]

Just delete them. Why would you even wish to make them aware of the fact you have their trademark registered as a domain name for the sake of ten pounds?

 

[accelerator]

I'm thinking of contacting the TM owners and explaining I bought a bulk of domain names which included some of their names, and I would like to return the domains to them if they would cover my costs which are about £10.

This sounds like a really bad idea to me, the risk/reward ratio does not appear to be in your favour.

Rgds

 

[Skinner]

One of the guys I do some business with is being tied up in a legal shite over a TM name he left to expire, it was like 2 days off drop when he got an email threatening him, he emailed back saying he was dropping the name and they should re-register it and they sent him some HUGE email about still holding him responsible as transferring it to a non-legit third party should someone else get it and they are determined to seek compensation blah.

Obviously by the time he'd replied and told them he was dropping it, and they got back to him the domain had dropped and someone else had caught or regged it so now they are hassling him. Telling him they are going to bill him for legal costs and recover as he should have given it to them blah blah.

I don't know all the details, I have seen the last letter tho demanding 1,000 euros for legal costs etc.

I don't wanna find myself in this pot of water.

 

[accelerator]

I don't wanna find myself in this pot of water.

People are saying delete them straightaway, then no-one will know you owned them.

Rgds

 

[retired_member25]

Well if you haven't had any contact regarding any TM name, log into your nominet online services and cancel them. They'll be deregistered within the hour.

My opinion..

 

[accelerator]

One thing that has occurred to me though. Trademarks refer to classes of business services. If you haven't violated that particular class of business service, e.g. their trademark relates to telecoms, and you haven't done anything in that sector, then strictly speaking you haven't violated their TM.

For instance, I have one domain that could in a particular class context be considered a trademark domain, but I haven't done anything with the site yet and I could use it for a business not related to the tm. As I haven't done anything with it, I might approach the company and say do you want it to prevent anyone else trading with it (it's only a .org.uk but still).

Rgds

 

[accelerator]

... in a nutshell what I'm saying is I don't know whether you can be done merely for owning a TM. That said, as soon as you actually approach them, this has legal implications regarding trying to capitalise on the tm, so you might have to wait until they contact you, if ever.

Rgds

 

[Skinner]

I think, I'll dump the made up ones and hold onto the generics (and look more into the classes of them when I have time) and hope they vanish without a trace. Half of them I did tell the seller I didnt want (even after paying for them) but he transferred the lot regardless.

I was thinking passing them back may have been a better option, I guess no good deed goes unpunished

 

[disruptive]

I had some hassles over a name I decided to just delete it and it wasnt worth the bother. I never heard from them again, actually I think they registered it. But in reality it was not going to make me money, and short of holding them to ransom, there was not point in having it!

 

[retired_member6]

You lot need some balls, email them and ask them if they're interested in making an offer. I caught one the other month, their reply "We was about to drs you, we'll give you £100... no £150... ok deal."

 

[Skinner]

Lee was it a totally made up word ?

Like say (examples not actual ones), Google, Clicksor, Britvic, where every single google result for 5 pages was about that one company, so there can be no other use and they made the word up?

The ones that are 2 words, where neither are made up words like above, I'll roll the dice and try to cash in but with but the made up words, I'm less inclined to.

IF they do go for the DRS route, cannot I just hand the name over in mediation and thats end of it ? or they can just say No we are going to DRS you, so I can just say, ok you can have it either way no need to drs ? So I can't lose that way ? (edited to add this)

 

[scooter]

I would think if you agree to hand over at mediation it would not go to drs as it has been resolved.

However, it may not be the end of it. I am no expert but presumably they could in theory then go for damages etc via the court route.

No doubt one of the more learned will come along and answer.

.

 

[doodlebug]

Wash your hands with them mate, only today i deleted some celebrity names and typos and trademark issue names, about 12 in total.

I felt sick pressing yes when Nominet screen said your about to cancel the following names :-(

I cancelled 1 yesterday, first i've ever cancelled and today it is FTR

24 hours from now and you can no longer have this over your head

Your choice :?:

Good luck