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Hotel domain name

Started by zetta81, Jul 06, 2022, 06:01 PM

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zetta81Topic starter

I purchased the hotel domain in 2016 and the old version of the hotel website has been up until now. The hotel is small and located in Greece, with the hosts being Germans from Germany. Recently, a representative from the hotel contacted me, offering to buy the domain back for 400 euros or threatening to take it to court.

I am wondering how much it would cost in Europe to take the domain from me through legal means and how feasible this option is. During any proceedings, I plan to remove all information from the domain and post a message stating that it's under reconstruction. Has anyone experienced a similar situation?
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inaevrodom

UDRP cannot be used for .GR since it is a ccTLD. There isn't much information available about how things work in Greece. As for dotcom, simply taking down the website is not enough to prevent a lawsuit.

If the UDRP determines that you are a domain owner or that you have infringed on their trademark, they can sue you. Thus, having a website that doesn't infringe on the rights of trademark owners is essential.
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chadha

The court's verdict will be based on the circumstances at hand. There are three types of disputes that can arise when checking for designations that match or resemble trademarks:

1. If the trademark is identical to the domain name (e.g., Cow.com for a company named "Cow"), it is usually resolved in favor of the company.

2. If the trademark is similar but not identical to the domain name (e.g., Cov.com for a company named "Cow"), the court will refer to the "Methodological recommendations for checking the claimed designations for identity and similarity" and an expert will compare the names, logos, letter curls, and fonts.

3. If a domain creates conditions for unfair competition (e.g., a competitor registers Cow.com to sell cheese), the dispute will be resolved in favor of the party that first registered the trademark.
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anirmanger

The legal aspect of reclaiming a domain can vary significantly across countries in Europe. Generally, if the hotel believes they have a legitimate claim to the domain, they may pursue legal action. The costs can range from a few hundred to several thousand euros, depending on the complexity of the case, the law firm, and whether it goes to court or is resolved through arbitration.

For many cases, especially in Europe, if they decide to pursue it through legal channels, they might use the Uniform Domain-Name Dispute-Resolution Policy (UDRP) method. This can be more cost-effective than traditional court proceedings, usually running between 1,500 and 5,000 euros, including fees.

Regarding feasibility, if you registered the domain in good faith and have not used it in bad faith (like trying to sell it for an exorbitant price to the rightful owner), your position may be strong. However, if the hotel can demonstrate that they have rights to the name, they might have grounds to proceed.

Removing all content and placing a notice might be a wise step during this process as it shows goodwill, but be cautious. Document everything related to your ownership of the domain, including the purchase records and any communication with them.
If you feel comfortable with your ownership, you might choose to hold onto the domain, but be prepared for the possibility of a lengthy process. Many domainers have faced similar situations, and often the outcome depends on the specific circumstances and the strength of the claims on both sides. Always consider consulting with a legal expert in intellectual property to get tailored advice for your case.
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