4 ms·
They might be using scare tactics hoping you'll hand over the domain name without question. But I wonder if they have a case. My suggestion would be to either
by marc 5y ago
They might be using scare tactics hoping you'll hand over the domain name without question. But I wonder if they have a case.
My suggestion would be to either A) ignore and see if they go away, and/or B) have a domain name lawyer send a reply showing you won't roll over. That's usually enough for parties like these to back down.
If you need a lawyer recommendation send me DM me on Twitter (@marckohlbrugge). More than happy to help.
FWIW, some people might mention a procedure called 'UDRP' which is typically used by TM owners to quickly and cheaply get a TM-infringing domain name. However, one of the requirements for a successful UDRP case is that the TM needs to have been issued BEFORE the domain name was registered. Which is not the case here. So a UDRP approach would fail for them.
The other way for them would indeed be to sue and try to claim TM infringement in court. I don't have much experience with TM law, so I'm not sure what your odds of winning are. But there might even be a way to get their TM invalidated.
TL;DR: Talk to a lawyer.
P.S.
If they have money for lawyers, they might also have money to buy your domain name. I wouldn't propose a purchase until you've talked to a lawyer (as it could hurt your case), but it's something to consider for later on.
- chx 5y agoIn particular, the UDRP rules include the following: -------------- (ix) Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular, [...] (3) why the domain name(s) should be considered as having been registered and being used in bad faith --------------
- marc 5y agoYes, although that criteria is somewhat subjective. Since an UDRP needs to meet all criteria, you can throw it out by just looking that the registration dates.
- winterplace 5y agoOr option C) Negotiate a deal to get paid for the domain Marc, do you have an email address?
- marc 5y agomarc(at)hey.com Note that I'm not a lawyer, but I've dealt with similar issues before through a qualified lawyer. Happy to introduce you. Not sharing name here publicly, because that could potentially be used against me. (i.e. someone intentionally creating a conflict of interest, etc)