Domain Legal Issue

Gavin · #1 (**permalink**) 09-01-2008, 09:19 PM

Whats the best course of action if a U.S. law firm demands a handover of a brand name domain? If it matters, legal documents were received today in the post.

Its a pretty big brand name.

Run for the hills or hand it over?

Just to note, they are not my domains but I'm interested in knowing if they have any jurisdiction over here and has anyone else received one of these?

louie · #2 (**permalink**) 09-01-2008, 10:23 PM

If they have a trademark you could loose them.

blacknight · #3 (**permalink**) 09-01-2008, 10:37 PM

They usually issue a cease and desist in the first instance to see if you'll hand it over without a fight.

I'm not sure of the costs in doing that, but it's a lot cheaper than a UDRP.

Depending on the domain name(s) and what they are currently being used for you have a few choices. You can hold onto them until you are forced to hand them over - the C & D doesn't really mean anything - a UDRP will result in you being forced to hand them over IF the other party can show that:

They have rights in the name
you don't
Their rights are being infringed in some way

Gavin · #4 (**permalink**) 10-01-2008, 02:31 PM

Thanks for the info.

I think the papers issued was a C & D and they threatened to take it further with a UDRP.

Currently the domains are not being used for anything but I cant track the login details for them, Dave had them. We tried explaining the circumstances but from what I know the U.S. firm isn't as understanding as one would expect.

blacknight · #5 (**permalink**) 10-01-2008, 02:36 PM

A UDRP won't cost you anything

Forbairt · #6 (**permalink**) 10-01-2008, 02:41 PM

UDRP won't cost anything ... for you but will for them ?

Do you feel they will go that route ?

Any chance you can ask them for a few quid for the domain name instead ? (that is if you feel you're going to lose it anyways)

blacknight · #7 (**permalink**) 10-01-2008, 02:58 PM

Quote:

Originally Posted by Forbairt

Any chance you can ask them for a few quid for the domain name instead ? (that is if you feel you're going to lose it anyways)

You're entitled to ask for reasonable costs as far as I know.

Basic maths kick in ...

A UDRP costs about $5k

Forbairt · #8 (**permalink**) 10-01-2008, 03:00 PM

could offering the domain name for 4k(for example) be considered extortion ? (of some form)

blacknight · #9 (**permalink**) 10-01-2008, 03:29 PM

Quote:

Originally Posted by Forbairt

could offering the domain name for 4k(for example) be considered extortion ? (of some form)

It's a very fine line ...

I'm not sure how much you can get away with and the area is a bit messy and grey.

louie · #10 (**permalink**) 10-01-2008, 03:57 PM

I will be very careful in looking for an offer.
I will be inclined to wait and see if they will make one first.

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