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They demand to sell my domain name for cheap

Started by Hemanth malli, Jul 06, 2022, 09:07 AM

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Hemanth malliTopic starter

Hello everyone!

In 2017, I purchased a valuable domain for my project for $2k in the .com domain extension. The domain was originally registered in 2001.

Recently, a German individual has registered a trademark in Germany and is demanding that I relinquish the domain, or sell it for a significantly lower price of $150-300. This individual has threatened to sue me through ICANN or potentially through the German legal system.

I am not based in Germany nor do I have any plans to conduct business within the country. Instead, I plan on operating within Canada, India, and Arab countries.

I am concerned about the possibility of losing the domain. The previous owner had created a website using the domain from 2010-2014, which has been preserved in archives. However, the domain has been parked and unused since then. Could this inactivity be deemed as "bad faith" use of the domain?
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Bravoman1

If the individual has an international trademark, they may have the ability to take the domain via udrp. Inactivity such as parking the domain and offering it for sale would only strengthen the case against the domain owner.

It might be a good idea for the domain owner to inform the individual that the price has now been doubled or to ignore them completely and face the possibility of being banned indefinitely.
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JacobLindS

You are attempting to base legal arguments pertaining to the real right to domain names as if they were property. However, domains are not considered property and instead are managed through a service agreement.

Therefore, claims regarding domains are determined by registrar rules and regulations rather than property law. When dealing with claims related to domains, it is important to refer to the rules of registrars rather than the civil codes of different countries.
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brovera

you gotta understand that domain registering is like a big ol' game of musical chairs, and sometimes, folks try to snatch up seats that ain't theirs. So, let's break down your predicament and see where we stand.

Domain Age and Inactivity: Your domain is as old as the new millennium, having been registered in 2001. That's some serious age in internet years! However, the fact that it's been parked and unused since 2014 might raise some eyebrows. In the world of domains, inactivity can sometimes be seen as "bad faith" if someone else comes along and wants to use it for a legitimate business purpose. But, don't you worry, we'll get to that bit later.

German Trademark: Now, this bloke in Germany has gone and registered a trademark on your domain. That's his prerogative, innit? But, here's the thing, just because he's registered a trademark in Germany, doesn't mean he owns the domain. Trademarks and domains are two different beasts, and they don't always play nice together.

ICANN and Legal Threats: This fella is threatening to sue you through ICANN or the German legal system. That's a bit like a schoolyard bully trying to scare you off. But, remember, you ain't done nothin' wrong, mate. You registered that domain fair and square, and as long as you ain't using it to infringe on anyone's trademark or break any laws, you're in the clear.

Conducting Business in Germany: You mentioned you ain't planning on doing business in Germany, which is a smart move. That way, you ain't breaking any German trademark laws or stepping on anyone's toes. You're keeping your operations in Canada, India, and Arab countries, which is well within your rights.

Selling the Domain: Now, this bloke wants you to relinquish the domain or sell it for a measly $150-300. That's a bit like asking you to give up your favorite chair for a couple of bucks. It ain't gonna happen, mate. You know that domain is worth way more than that, especially considering its age and potential value.

So, what can you do? Well, here are a few options:

Stand Your Ground: You can stick to your guns and refuse to sell the domain. After all, you registered it fair and square, and you ain't breaking any laws. You can even write a polite, yet firm, letter explaining that you have no intention of selling the domain and that any further threats of legal action will be considered harassment.

Negotiate: If you're feeling a bit more flexible, you could negotiate a price that's fair to both parties. But, mate, don't sell yourself short. That domain is worth a lot more than $150-300, and you should be compensated accordingly.

Transfer the Domain: If you're really keen on getting rid of the drama, you could transfer the domain to a new one that's not in dispute. That way, everyone gets to keep their pride and dignity intact.

Consult a Lawyer: If this bloke in Germany is really pushing your buttons, it might be a good idea to consult with a lawyer who specializes in domain law. They can give you some tailored advice and help you navigate this legal quagmire.

You registered that domain fair and square, and you have every right to keep it. So, stand tall, and don't let anyone take your favorite chair without a fight.
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