I own a domain name that is very generic in nature and tied to a specific geographic location. I recently received an email from a DBA Owner of a very generic business name example: "Geographic Territory Generic Service Name" stating that he would like to avoid a legal battle and purchase the domain for a very small price (low 3 figures), or take me to WIPO/ICANN to settle it. I always thought if you're not the trademark owner, and/or the domain in question is very generic and geographic in nature then you have no case. Preferably, I'd like to keep the domain. Currently I am parking it but would like to develop it into a useful, resource or directory site, or re-direct to the site of another company of mine that provides services related to the domain name. Further should I decide to sell it, would it be unreasonable to ask $1,000 for a domain knowing that ICANN charges $1,500 as a minimum fee?
I would really appreciate anyone's advice or knowledge in this manner if they've experienced such a request before. I was searching around on ICANN's site and WIPOs but couldn't find a specific answer to my question.
Thank you.
If it gets semi-legal you can expect lawyers fees of $2K plus....and so can they! So any acceptable fee below $2K will be a win-win for all!
I'm dealing in hypotheticals here.....If your domain name is LasVegas.com, or NewYork.com, or the like I might be tempted to hold out for millions, but, I suspect it is less precious and you can determine a true value outside of a court room ;)
Never buckle....employ a bigger Shark to deal with them instead!
My Case : Trademark Owner (Me) VS Cybersquatter
Legal fees for my dispute (in which the other party did not respond) was $6500. I had quotes up over $10K.
A cheaper attorney may do it for $2-3K ($ching), but that wont include the WIPO fees i promise ($$ching). God forbid they are in another country and dont speak english because then they will have to translate the whole lawsuit into english ($$ ChaChing). Last, even if they do win, you as the defendant can still file a lawsuit in court to stop the transfer and hold up transfer up to another year. Meanwhile attorneys fees are still ringing up like a taxi cab meter.
How do I know this?
Because I paid all of these fees, and STILL had to settle out of court even after I won the WIPO decision. A WIPO win is not a slam dunk.
Tell them to pay you $4000 or they can expect to pay their attorney $10,000 and wait a year and a half for the domain.
If they counter you anywhere over $3000 i'd take it and run.
1, other party has no trademark, but is seeking to acquire your very generic domain name anyway.
2, as far as i have read on the us trade marks & patents body, generic names, or generic web addresses cannot be trademarked in any case
Are there some other grounds you're not mentioning?
Mod hope the link is OK and not considered promotional.
[yellowpages.com...]
