Known TM domain name

Started by ShreeVaghani, Oct 03, 2022, 03:22 AM

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ShreeVaghaniTopic starter

Hey everyone,

Recently, I received a letter regarding my domain name, which happens to be a well-known trademark. The sender claims they want to negotiate peacefully before taking legal action, and inquires if I am open to selling the domain.

Has anyone encountered a similar situation? If so, how did you handle it? I'm wary of being scammed or manipulated into giving up my domain, and I'm unsure of the appropriate price range for negotiation.

Additionally, I'm concerned about the possibility of the sender using my letter to coerce the registrar into transferring ownership of the domain.

Has anyone else had experiences like this, and if so, what actions did you take to resolve the situation?


In my opinion, it would be best to respond with a clear statement that the domain was intended for personal use, and that the legal threat from the letter was unexpected and troubling. If the sender is insistent on pursuing the issue, we may have to consider finding an alternative domain. In this case, I would like to know what they can offer in exchange.

It's important to avoid immediately putting the domain up for sale and stating a price, as well as refraining from saying anything that could potentially be used against you later on. The value of the domain will depend on factors such as the registration date, the country of the trademark, and the domain zone. Additionally, if the domain is already parked on Sedo, this may affect negotiations.

Has anyone else dealt with a similar situation and how did you approach it? It's important to be cautious and informed when navigating these types of legal issues.


In order to avoid conflicts between trademarks and domain names, many countries have recognized the need for preventative measures. However, domain name registration still operates on a "first-come, first-served" basis. This means that registration is not based on the presence or absence of a trademark or the intent to use the domain commercially, but rather on who registers the domain first.

In the case of disputes, WIPO recommends contacting either the WIPO Arbitration and Mediation Center or ICANN. It's important for individuals and businesses to be aware of their rights and responsibilities when it comes to domain name registration and trademark protection.

Have any of you had experience dealing with trademark and domain name conflicts? How did you handle the situation? It's crucial to stay informed and take preventative measures to protect your brand and intellectual property.


In similar situations, people have taken the following steps:

1. Verify the authenticity of the letter: Check if the sender's claims are legitimate by conducting research on the company and its trademarks. Ensure that the letter contains verifiable contact information.

2. Contact a lawyer: Schedule a consultation with an intellectual property attorney who specializes in domain name disputes. They can provide guidance on the specific legal aspects of your situation and help you understand your rights and options.

3. Respond appropriately: Craft a response to the sender that neither admits nor denies any wrongdoing or intent to sell the domain. Consider having your lawyer review the response before sending it.

4. Determine the domain's value: Consult with domain name experts or valuation services to get an idea of the domain's market value. This information can help you during negotiations.

5. Negotiate cautiously: If you choose to engage in negotiations, be careful throughout the process. Maintain open communication but avoid disclosing sensitive information unless advised by your attorney. Make sure to document all correspondence.

6. Report any abusive behavior: If the sender engages in coercive tactics, such as threatening your registrar or attempting to manipulate them, report their behavior to both your registrar and appropriate legal authorities.

7. Conduct a trademark search: Confirm whether the sender's trademark is indeed registered and if it covers the same or similar goods or services as your domain. This information can help determine the strength of their claims.

8. Gather evidence: Collect any evidence that supports your legitimate use of the domain and demonstrates its lack of similarity or confusion with the sender's trademark. This evidence may be useful if the situation escalates to legal proceedings.

9. Educate yourself on domain dispute resolution processes: Familiarize yourself with ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) or other applicable dispute resolution processes in your jurisdiction. Understanding the rules and procedures can provide insights into potential outcomes.

10. Explore alternative solutions: If negotiation doesn't yield a satisfactory agreement, you may suggest alternative solutions, such as coexistence agreements, where both parties can continue using their marks without infringing on each other's rights.

11. Consult online support communities: Participate in online forums or communities where experienced individuals or domain name experts can share their insights and offer advice based on their own experiences.

12. Review your domain history: Take a look at the registration date and any previous correspondence related to your domain. This information can help establish your rights and the legitimate use of the domain.

13. Explore potential defenses: Consult with your lawyer to identify any potential defenses or legal arguments that can support your position. This may include fair use, noncommercial use, lack of confusion, or other relevant factors.

14. Document everything: Keep a record of all communication, including emails, letters, phone calls, and any other form of interaction with the sender. These records can be crucial if the situation escalates or you need evidence to support your case.

15. Consider seeking a second opinion: If you're unsure about your legal position or feel uncomfortable with your current lawyer's advice, it may be beneficial to consult with another attorney for a second opinion.

16. Stay vigilant: Be cautious of any suspicious requests or tactics. Avoid sharing personal or sensitive information unless necessary, and verify the legitimacy of any entities involved in the dispute.

17. Respond within appropriate timelines: Pay attention to any deadlines or timelines mentioned in the letter. Ignoring or missing these deadlines could have negative consequences for your case.

18. Be prepared for legal action: If negotiations fail or the dispute escalates, be prepared for the possibility of legal action. Discuss potential outcomes and strategies with your lawyer to ensure you are fully prepared to defend your rights.