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Personal Domain

10:19 pm on Jun 13, 2012 (gmt 0)

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joined:June 13, 2012
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If I have a personal domain that I just use for email can a company take that domain away from me.

A company recently contacted me to buy my website but made a very low offer saying I was not using the domain (no homepage, just used for my email). They company wants it b/c they make a product with the same name. I am very sure my registration of the domain came years before they trademarked their product but again....the domain I have had for ever,...don't use it much,...except for email as I mentioned.

I am willing to sell but for more,...is a third party (IE Sedo) better for handling in this case?

Thanks for the help in advance
12:53 pm on June 14, 2012 (gmt 0)

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WebmasterWorld Administrator webwork is a WebmasterWorld Top Contributor of All Time 10+ Year Member Top Contributors Of The Month

joined:June 2, 2003
votes: 21

If you want to protect your interests, beyond just this domain, talk to a lawyer.

Otherwise, talking to a broker may not be a bad idea - if you listen. For instance, they may advise you to sell for a price that reflects risks and costs of litigation/UDRP.

OTOH, if the domain is truly generic (see if there's other trademark applications for the use of the same word(s)) and you haven't otherwise taken steps to trade on their alleged brand (what you've indicated) AND you haven't said anything in email or phone calls that could be used against you in a court of law or legal proceeding you might hold onto it or have a better bargaining position.

There's a lot to consider, which is why talking to an experienced IP lawyer is the only sensible way to sort out what to do. Unfortunately, people who can afford to register a domain are often the same people who cannot afford to consult a lawyer.
4:20 am on July 18, 2012 (gmt 0)

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joined:July 18, 2012
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web work is correct contact the lawyer and take immediate decision.
4:38 pm on Aug 1, 2012 (gmt 0)

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joined:Aug 1, 2012
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yes they can. to protect yourself and your right it is better to turn to the lawyer, really!.