GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Big company went public, I own their ideal domain name

Nathan · 01-30-2004, 06:45 PM

wimpy,

do you want to keep this domain name or do you want to get them to buy it?

If you had it before their trademark, or their first use of their name to be really sure, then you should basically be safe.

BUT:
1) I suggest you make sure that if a webpage is on that domain it does not refer in any way to the company, the companys competition or the company's products.
2) Do NOT contact them and ask for a offer to buy the domain.
3) Hope that they will contact you about it and make an offer by themselves. If you do not like their offer you should not decline it with saying something like "this is not enough" or "I was looking for more money". Best is something like "Sorry, I am planning my own site under the name" or of course even better if there already is a site there and you can just say "I will continue developing my own site under the domain."

The point of this is that under ICANN dispute rules, you may NOT profit from the domain by directly or indirectly getting money from the owner of the trademark. Even if you just get money from competition or by selling similar products, you are taking away money from the trademark owner so indirectly getting money from them.

As long as THEY offer you money for it, you are safe.

01-30-2004, 06:45 PM
Nathan Confirmed User Industry Role: Join Date: Jul 2003 Posts: 3,108	wimpy, do you want to keep this domain name or do you want to get them to buy it? If you had it before their trademark, or their first use of their name to be really sure, then you should basically be safe. BUT: 1) I suggest you make sure that if a webpage is on that domain it does not refer in any way to the company, the companys competition or the company's products. 2) Do NOT contact them and ask for a offer to buy the domain. 3) Hope that they will contact you about it and make an offer by themselves. If you do not like their offer you should not decline it with saying something like "this is not enough" or "I was looking for more money". Best is something like "Sorry, I am planning my own site under the name" or of course even better if there already is a site there and you can just say "I will continue developing my own site under the domain." The point of this is that under ICANN dispute rules, you may NOT profit from the domain by directly or indirectly getting money from the owner of the trademark. Even if you just get money from competition or by selling similar products, you are taking away money from the trademark owner so indirectly getting money from them. As long as THEY offer you money for it, you are safe. __________________ "Think about it a little more and you'll agree with me, because you're smart and I'm right." - Charlie Munger