Big company went public, I own their ideal domain name - GoFuckYourself.com

wimpy · 01-30-2004, 06:32 PM

A company went public recently. Let's call them "Company, Inc." They are doing very well.

I own "Company.com".

I think I have every right to company.com. It's a meaningless word, but brandable. I registered it before they trademarked anything, etc just because it sounded cool. (I'm not 100% sure, but pretty sure. If US Gov trademark search is worth anything.)

I am getting a steady stream of email for that company. Much of it pissed off customers, others are internal memos. I get surfers and even phone calls about the IPO. No big deal, but clearly they will want this domain.

Are there any pitfalls I should watch out for? I don't want to give them any claim to it.

detoxed · 01-30-2004, 06:32 PM

what is it?

hyper · 01-30-2004, 06:33 PM

sure. dont profit off it, and make up some lame excuse as to why u own that domain

irishfury · 01-30-2004, 06:35 PM

If you have proof you owned it before they went public they don't have leg to stand on.

Lickshots · 01-30-2004, 06:37 PM

Quote:

Originally posted by hyper
sure. dont profit off it, and make up some lame excuse as to why u own that domain

No, he can profit from it, he just can't make ANY similarites to the company's trademark, logo, etc. If he does, there going to do everything in their power to sue him.

KRL · 01-30-2004, 06:40 PM

Whether or not they can yank it from you legally is a legal matter.

However one strategy companies employ is to bury you financially by forcing you to defend your rights to keep it with lawsuits.

If you have deep pockets and its worth it to keep you have to state more facts if you want an opinion here as to your odds.

You're much better off just cutting a deal to sell it and give the problem to someone else to enjoy.

webair · 01-30-2004, 06:44 PM

Put something up completely unrelated to what they offer (i.e. a CPC searchengine)

sign up here for a good one http://www.mrwordsmith.com

good luck

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.

arg · 01-30-2004, 06:51 PM

Be aware that they may have a foreign trademark that precedes their US trademark, in which case you're f*cked.

One pitfall: Don't try and sell it, and don't suggest any price. You're in fairly good shape with domain registration prior to trademark registration, but the US's informally-titled "anti-cybersquatting act" takes a dim view specifically of trying to sell a domain name to a trademark holder of that domain name. Even if they approach you, and even if you don't know they're a trademark holder. If you get enquiries, from anyone (they may or may not be working on behalf of the company), try something like "I'm not looking to sell the domain, but I suppose I would entertain an offer." If it's a putz offer, reiterate "As I said before, I'm not looking to sell the name. Thanks for your interest." If it's a real offer, consult an attorney.

Meanwhile, I'd set the mail service to bounce back any email exept perhaps to "[email protected]" or "<your name>@company.com" No specific laws there, but it seems like a desperate company could allege fraudulant interception of interstate securities-related communications, raising SEC, FBI, FTC, or even FCC issues. Unlikely, but don't give them the opening.

And set up a web page for something very different than what Company Inc. does. Not porn, and not anything that could be viewed as disparaging or in any way extorting Company Inc. to want to shut you down. If they're not in the Internet biz, then maybe do a one page "internet marketing services" page, something that you ostensibly do offer if you're on GFY. If they are in the Internet biz, try and think of some offline offshoot of your normal business activities.

BoNgHiTtA · 01-30-2004, 06:55 PM

Damn, your the one who owns Booble arent u?

sacX · 01-30-2004, 06:55 PM

Quote:

Originally posted by arg
Be aware that they may have a foreign trademark that precedes their US trademark, in which case you're f*cked.

That's not entirely true. Even if they own a foreign trademark they have to prove the domain was registered in bad faith.

Nathan and arg are spot on though. Don't profit from the domain, and don't try to sell it to them and you'll be in a strong position.

wimpy · 01-30-2004, 07:13 PM

Quote:

Originally posted by KRL
You're much better off just cutting a deal to sell it and give the problem to someone else to enjoy.

Well I might but I can't find any contact info for you.

I've got other domains I might cash out, too. Good ones, not like the crap posted here most of the time.

Thanks to everyone for the advice. All good stuff. I kinda knew it already. I have had a neutral page on that site for years, I'm just keeping it there for now. Might do the ppc engine if the traffic volume is there. 50 ppl per day now, not enough to bother with.

I already have my "excuse." I spend a small fortune trying to put a branded product for webmasters on that domain back in 99 - long before anyone heard of Company, inc. I even registered "company, inc" in my state. That project went down in flames when the bubble burst, but it is well documented in my tax returns.

So I sit and wait. Yes, it's for sale.

makefuckingmoney · 01-30-2004, 07:14 PM

put porn on it!

Pleasurepays · 02-01-2004, 06:33 AM

I know the guy who owns musclemagazine.com. He had it very early on. He had a lot of company domains and started giving them all to the companies.. i.e. He had victoriasecrets.com and a lot of similar domains of companies. He offered musclemag.com and musclemagazine.com and musclemag.com to the owners of Muscle Magazine and they had no idea what a domain was and told him to get lost. He got pissed and put up a site that got a lot of typein traffic because people think its the magazine. Later, Muscle Magazine guys took it to the WIPO and they lost and he kept the domains. Now its a site where he routinely gets very nice offers (7 figures) to sell it.

Think carefully about what you do. And think carefully about what that decision today could be worth in 5 years.

Odin · 02-01-2004, 06:38 AM

Nice name. Now that you're selling you may as well make your buying price public. Some big domain buyers (including KRL) read this forum.

amber438 · 02-01-2004, 06:39 AM

Quote:

Originally posted by Pleasurepays

Think carefully about what you do. And think carefully about what that decision today could be worth in 5 years.

Amen to that

wyldblyss · 02-01-2004, 06:42 AM

When I read things like this I feel like shooting myself in the foot for not buying and promoting some of the site names I entertained the idea about years ago.

Odin · 02-01-2004, 06:46 AM

Quote:

Originally posted by makefuckingmoney
put porn on it!

Yep definetly. A nice TGP would turn over a great profit.

blazi · 02-01-2004, 06:49 AM

hoooooray for booble!!

wimpy · 02-01-2004, 10:38 PM

Quote:

Originally posted by Chief
Nice name. Now that you're selling you may as well make your buying price public. Some big domain buyers (including KRL) read this forum.

I'm not putting specifics for lots of reasons, including that I don't want this thread googled.

If anyone is interested, they need to ICQ me.

Besides, how the fuck and I supposed to contact KRL when he never puts contact info in his posts?

Odin88 · 02-02-2004, 12:45 AM

Quote:

Originally posted by wimpy

I'm not putting specifics for lots of reasons, including that I don't want this thread googled.

If anyone is interested, they need to ICQ me.

Besides, how the fuck and I supposed to contact KRL when he never puts contact info in his posts?

KRL (AT) InternetManagementServices (DOT) com I believe.

pradaboy · 02-02-2004, 01:34 AM

Quote:

Originally posted by Nathan
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.

couldn't have said it better

01-30-2004, 06:32 PM	#1
wimpy Confirmed User Industry Role: Join Date: Jan 2003 Location: Cali Posts: 607	Big company went public, I own their ideal domain name A company went public recently. Let's call them "Company, Inc." They are doing very well. I own "Company.com". I think I have every right to company.com. It's a meaningless word, but brandable. I registered it before they trademarked anything, etc just because it sounded cool. (I'm not 100% sure, but pretty sure. If US Gov trademark search is worth anything.) I am getting a steady stream of email for that company. Much of it pissed off customers, others are internal memos. I get surfers and even phone calls about the IPO. No big deal, but clearly they will want this domain. Are there any pitfalls I should watch out for? I don't want to give them any claim to it. __________________ Fyodor Dostoyevsky wrote: "Every man has reminiscences which he would not tell to everyone but only his friends. He has other matters in his mind which he would not reveal even to his friends, but only to himself, and that in secret. But there are other things which a man is afraid to tell even to himself, and every decent man has a number of such things stored away in his mind." icq 8243657

01-30-2004, 06:33 PM	#3
hyper Confirmed User Join Date: Mar 2002 Location: Mass Ass Posts: 5,294	sure. dont profit off it, and make up some lame excuse as to why u own that domain __________________

01-30-2004, 06:35 PM	#4
irishfury Confirmed User Join Date: Aug 2003 Location: In the hearts of cowards Posts: 2,611	If you have proof you owned it before they went public they don't have leg to stand on. __________________ Trust no one there all snakes

01-30-2004, 06:40 PM	#6
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Whether or not they can yank it from you legally is a legal matter. However one strategy companies employ is to bury you financially by forcing you to defend your rights to keep it with lawsuits. If you have deep pockets and its worth it to keep you have to state more facts if you want an opinion here as to your odds. You're much better off just cutting a deal to sell it and give the problem to someone else to enjoy. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

01-30-2004, 06:44 PM	#7
webair Confirmed User Industry Role: Join Date: Feb 2002 Location: NYC, NY Posts: 8,531	Put something up completely unrelated to what they offer (i.e. a CPC searchengine) sign up here for a good one http://www.mrwordsmith.com good luck __________________ ~ Webair Dedicated Cloud Servers™ ~ WEBAIR VSYS™ Virtual Hosting Platform ~ Superior CDN Network ~ ~ Managed Dedicated hosting Specialists ~ DISCOUNT DOMAIN NAMES! ~ WEBAIR FUSION IO MANAGED CLOUD SERVERS! ~ *ICQ:* 243116321 - *TWITTER* - @WEBAIRINC - E-Mail: [email protected]

01-30-2004, 06:32 PM	#2
detoxed vip member Join Date: Jan 2003 Posts: 17,798	what is it?

01-30-2004, 06:45 PM	#8
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

01-30-2004, 06:51 PM	#9
arg Confirmed User Join Date: Feb 2003 Posts: 1,164	Be aware that they may have a foreign trademark that precedes their US trademark, in which case you're f*cked. One pitfall: Don't try and sell it, and don't suggest any price. You're in fairly good shape with domain registration prior to trademark registration, but the US's informally-titled "anti-cybersquatting act" takes a dim view specifically of trying to sell a domain name to a trademark holder of that domain name. Even if they approach you, and even if you don't know they're a trademark holder. If you get enquiries, from anyone (they may or may not be working on behalf of the company), try something like "I'm not looking to sell the domain, but I suppose I would entertain an offer." If it's a putz offer, reiterate "As I said before, I'm not looking to sell the name. Thanks for your interest." If it's a real offer, consult an attorney. Meanwhile, I'd set the mail service to bounce back any email exept perhaps to "[email protected]" or "<your name>@company.com" No specific laws there, but it seems like a desperate company could allege fraudulant interception of interstate securities-related communications, raising SEC, FBI, FTC, or even FCC issues. Unlikely, but don't give them the opening. And set up a web page for something very different than what Company Inc. does. Not porn, and not anything that could be viewed as disparaging or in any way extorting Company Inc. to want to shut you down. If they're not in the Internet biz, then maybe do a one page "internet marketing services" page, something that you ostensibly do offer if you're on GFY. If they are in the Internet biz, try and think of some offline offshoot of your normal business activities.

01-30-2004, 06:55 PM	#10
BoNgHiTtA Confirmed User Join Date: May 2003 Location: Seattle Posts: 2,176	Damn, your the one who owns Booble arent u? __________________ Wanna see how Adult Site Traffic Scammed me? Click Here:

01-30-2004, 07:14 PM	#13
makefuckingmoney Confirmed User Join Date: Oct 2003 Posts: 3,277	put porn on it!

02-01-2004, 06:33 AM	#14
Pleasurepays BANNED - SUPPORTING TUBES Join Date: Aug 2002 Location: I live in a pile of boogers Posts: 11,913	I know the guy who owns musclemagazine.com. He had it very early on. He had a lot of company domains and started giving them all to the companies.. i.e. He had victoriasecrets.com and a lot of similar domains of companies. He offered musclemag.com and musclemagazine.com and musclemag.com to the owners of Muscle Magazine and they had no idea what a domain was and told him to get lost. He got pissed and put up a site that got a lot of typein traffic because people think its the magazine. Later, Muscle Magazine guys took it to the WIPO and they lost and he kept the domains. Now its a site where he routinely gets very nice offers (7 figures) to sell it. Think carefully about what you do. And think carefully about what that decision today could be worth in 5 years.

02-01-2004, 06:38 AM	#15
Odin Confirmed User Industry Role: Join Date: Jan 2004 Location: au Posts: 2,545	Nice name. Now that you're selling you may as well make your buying price public. Some big domain buyers (including KRL) read this forum. __________________ ICQ: 637//961--015

02-01-2004, 06:42 AM	#17
wyldblyss Confirmed User Join Date: Nov 2003 Location: The Buck Starts Here Posts: 5,779	When I read things like this I feel like shooting myself in the foot for not buying and promoting some of the site names I entertained the idea about years ago.

02-01-2004, 06:49 AM	#19
blazi Confirmed User Join Date: Feb 2003 Location: Closer now Posts: 4,321	hoooooray for booble!! __________________ makingcoin.com - 100% payouts coinscuties.com