Got an email today about a domain I own.

Status
Not open for further replies.
If the letter ain't from a lawyer, it means dick. If she had a lawyer retained, I doubt the lawyer would let her send out crap she made up.

Once filing is complete, you will be required to release the name back to the rightful owner.
Click to expand...


That line boils my blood. You bought it, you're the fucking rightful owner.
 


I do not have time to write a lot, but there is a good chance that the email is genuine. Note that they never mentioned that it was a legal notice.

"They" initially contact you that way to see how responsive you are. Also, remember, if you ask for money, they can later use that as a point during arbitration as evidence of bad faith domain registration. So, if you ask for money, make sure to point out that you intend to keep the domain, but since they need it, you are willing to give it for a monetary consideration.

Is the content on the domain about xxx actress? Is it monetized? Is it monetized based on the actress/content related to her? These are important factors in proving bad faith registration & misuse.

Good luck with the domain.
 
PunchMyFace said:
The xxx family is in the process of filing for trademark protection on the name "xxxx", along with several others. Once filing is complete, you will be required to release the name back to the rightful owner.
Click to expand...


This is FALSE.

If you own the domain BEFORE the TM is filed you are in the clear. The only way you can get in trouble is by purposely profiting off their new brand OR by hurting their new brand's reputation in a malicious manner.

People cannot go around registering TMs AFTER you buy a domain and demand you turn it over. You are NOT required to "turn anything over".

Nick
 
If you own the name before they copyright and trademark then you are not violating anything. I have worked with many law firms in marketing and I don't know many that would let a representative talk about any legal implications especially in an email. What they will do is usually send it via mail, then call, then email within a certain amount of time so they can record all of them. I would check into it more and make sure they are legit as well as make them prove it with a lot of paperwork etc to not only show it is the actress wanting the domain but also make them submit something that proves a trademark is in progress. I would just be as much as a dick back to them as they are to you and make them work for it then shoot real high on the price and negotiate it down.
 
jill_domains said:
I do not have time to write a lot, but there is a good chance that the email is genuine. Note that they never mentioned that it was a legal notice.

"They" initially contact you that way to see how responsive you are. Also, remember, if you ask for money, they can later use that as a point during arbitration as evidence of bad faith domain registration. So, if you ask for money, make sure to point out that you intend to keep the domain, but since they need it, you are willing to give it for a monetary consideration.

Is the content on the domain about xxx actress? Is it monetized? Is it monetized based on the actress/content related to her? These are important factors in proving bad faith registration & misuse.

Good luck with the domain.
Click to expand...

Very good point made here. ^^^^^^

Listen, use common sense. If you determine the e-mail is legit it is probably best to sell it and make a profit. Trademark/Copyright law is extremely complex. Unless this is your game, fuck it and move on, it won't be worth it.
 
Yeah 10k would be a good starting point as it isnt' too crazy but also gives you enough room to end up pulling a 5k-6k deal out of it. It also really depends on how big the actress is because if she isn't a big deal at all yet then they may not be able to afford even 5k for something like a domain.
 
Status
Not open for further replies.
Top Bottom