No it's a bad idea, just because you give it or sell it doesnt get you away from the responsibilty,.
If you used to wirk for them, why would they let you reg the .com? are you using the site in direct competition with theres? usage is key...
Since you are well aware of the company, and even worked for them, then that, in my view, limits your options ... if you don't want a legal battle, simply delete the domain -or- hand it over to the company.
A possible exception would be if the domain is very generic (ie. example-com, computer-com book-com, etc) and, by the public at large, isn't associated with any one specific company.
You're the reason why they make laws to penalize what you're doing.
How have you been here 6 years and not know what you did was wrong?..
Some big questions here,.
What have you done with the domain while you have owned it and.
Have you offered to sell them the domain ?
Is the domain name a keyword or is it a brand?.
Did you buy the domain name while you worked for this company?.
Are you infringing on any of their TM's?.
All important questions. But from the sounds of it, you should probably just hand the domain name over to them...
IF you really want viable advice without hiring a lawyer, provide ALL details, including domain names and any other info, like any correspondence between you and your former employer. Otherwise, you're just wasting our time and your time...
The company that want the domain is where I used to work and now have a leisure membership there because it is my local gym.
They own and operate from the .co.uk domain..
They do not own a trademark on the name, it is not their full company name and they do not own a limited company name for this.
They used to own this domain name and they let it drop (for some stupid reason!) in 2008 so I bought it in an auction at Snapnames for $340.
I have been putting things up on it for a while, but last month I decided to redirect it to a porn website briefly.
They sent me a solicitors letter saying that I should take down the redirect in 24 hours or they would press charges, so I did indeed! They have suspended my membership at the gym.
We have organised a meeting for Wednesday at their office to discuss the domains.....
I almost can't decide whether it's more stubbornness or stupidity that keeps certain people here in hot water so often.
Guys who are disgruntled former employees using their old company names? Guys blatantly using known trademark stuff in their names? Even unconnected guys trying to TM names, although they already know a real company plans to also TM the same names? And on and on.
This is just plain nuts, people. Knock it off, already! Use some originality in picking names for a change.
And then you come on here and whine and cry, "Hey, what do I do about this lawyer's C&D threat?".
No sympathy from me there, buddy. Surf's up - and you just keep throwing YOURSELVES in the undertow!..
Thanks Bluesman for an uninsightful message.
I'm not disgruntled, nor is it a trademark.
Ohh and I use this domain as the mailbox for my websites..
I agree. It's just gotta be one of those 2 options...
Did you snap the name before or after they fired you? lol.
Redirecting to a porn site was probably your best move to get slapped with a defamation suit, that's why they want to have a meeting with you, to serve you the legal papers(and save the post stamps)!!.
Wrong, they do have a trademark. They have been trading using the specified domain name so have a trademark for it. You do not need to register a trademark for it to be associated with a company (although makes it easier to enforce). What the hell made you do that? I strongly suggest this is why they have chosen to pursue the matter. They do not wish their name to be associated with Porn. I strongly suggest you take some mouth wash as you are going to need to lick some ass. You do not have a leg to stand on...
My understanding about Registered TMs vs Non Registered is proving damages. With a registered TM in the U.S. your entitled to a certain $ damages, without having to prove it, where non registered TM's, you must prove the damage. (Someone correct me if Im wrong, but I attended an IP seminar, and I believe that was the big difference).
However, Peter is right. Continued use gives them a trademark. Did you violate that, might be up for debate, and quite frankly, they may not have a good enough case, but putting up the Porn site was probably not the best move on your part. It just brought uneeded attention to the fact that you own it...
Can you ask for the money you paid for it?.
If they are not interested delete it, so they will have more problems with the new owners.
The .net and .tel is also regged I think tel is for sale.
Does'nt look like anyone else is using that brand in the world so kinda unique aswell..
But it looks like you were registering it in bad faith. So.......Give it up...
I'm kind of surprised that you had to pay as much as $340 for this name.
Was the person bidding against you called "Halvarez"?..
And you seriously don't see the problem with that?..
Can they prove that the redirect was put up on it? It was a straight redirect and Godaddy say they have no records of it. It was put up for a month.
Cheers Post added at 10:07 AM Previous post was at 08:56 AM lol, No it wasn't but it was one of the big buyers...
You think you can't trace a redirect? Whoever at Godaddy told you that is an idiot. A screenshot and a log from Live HTTP Headers would do nicely.
As Labrocca said: Have fun in that meeting...
Can we get one thing straight please - I know I shouldn't have redirected the domain to a porn website, it's probably deemed nasty, malicious and I was a tool for doing it. I'm not proud of it either. I'm only 20, naive and stupid and I need some advice as to a reasonable resolution.
I'm going to go in to this meeting apologetic, especially when I want to get my membership back at this establishment. I am willing to transfer the domains to them but I want to avoid losing the money I spent on the domains and the renewals for the last 2 years.
No SEO campaigns were conducted and I have not tried to get this domain in to the public eye or posted it anywhere on the Internet. It's just been a little mess about that me and my friends have been using to put pictures up, messages and stupidly last month... porn.
It's taken them 2 years to do anything about the fact that I own it, in fact they probably didn't even know that I owned it. I probably should have contacted them and said that I've done them a favour by picking it up instead of someone that will hold it ransom... but I can't turn back the hands of time now.
I think that they will be willing to settle for a reasonable option of just covering my costs for the domain. After all I've had money held up in the domain for the last 2 years and I just wanted to get rid anyway!.
It will cost them a lot of money to drag me through the courts I'm sure that myself and the company are agreed that this is to be avoided at all costs.
If this all turns out to a good resolution I will get my money back, they will get the domain that they dropped and all will be ok with the world again.
Its a good job that the legal thread is not visible, in this post you have demonstrated that you are yourself, holding them to ransom over this domain. Because it was a bad faith registration in the first place, and because you have probably damaged their business by hosting porn on the domain, you will be lucky if they don't sue you for damages...
I'm confused why you have taken this so personally.
What is done is done now, I'm ashamed of it enough.
I'm looking for advise if you can give me any and it would be greatly appreciated.
My advice has already been given earlier..
You have made a mistake, you want to rectify it, but now you are expecting this company to stump up $xxx instead of doing the right thing and just giving them the domain..
( This part is personal ) If it were my company and you tried that, I would sue your ass...
Thank you for your contribution.
I suppose that you are right in that the right thing to do would be to just give them the domains.
Although they could "sue my ass", it wouldn't be cost effective for them to do so and it wouldn't be possible for them to quantify the damages.
Does the fact that the domain is not even their full company/business name have any effect on their right to the domain?.
Thank you again.
Edit: I just checked and they don't even own their full company name as a .com and someone else owns the .co.uk..
Sharks biting crocs here...
Guys, he told you he's only 20, let him breath for a minute...
Ok, you made a mistake, no drama, best solution is admit the mistake to them and explain you paid that much (it would help if you can prove it to them) and would appreciate if they could pay your expenses.
Other than that, whatever you do at this stage will result in either you sued or losing the domain.
You had no legit use for it and because you worked there imply you knew them so any panel will kick you.....plus that redirect was just hammering yourself for troubles.
Next time, ask here first.....
They may have taken a screen shot, they would also use the wayback machine if they visited it...
I know people that would sue you just for the fun of it to teach you a lesson.
Give them the domain, take the loss, and chalk it up to a lesson learned...
They could sue to make an example out of you to deter future activity from anyone. I wouldn't even bother asking for the $300 or so you paid for the domain, your membership for that matter, or even the $10 it costs to transfer a domain. As long as they don't sue your ass into oblivion please be grateful, a pending lawsuit whether you think it will happen or not is always tough emotionally and physically, it will ruin your life by mere association...
It's more complicated than that. In this case the infringer was well aware of the business. What's difficult in non registered marks is proving the person was aware. That's not an issue here. Damages often are linked to malicious intent. The OP is filled with maliciousness.
You better hope they don't have a good lawyer because imho they have enough evidence to take you to the cleaners. I find it unreal you're trying to not only snake out of this but you think you're going to get your membership back and try to get them to pay for your crimes. Unreal. Unreal. Incredulous. You just got the Cybersquatter of the Year award.
Every statement you utter cringes me. I wish this place was like Survivor because I'm sure you'd be voted off...
Just looking through your previous posts..
You say you are only 20, been a member for 6 years and you are looking for sympathy IMO..
Were you a spoilt kid who got everything you asked for ? .
All this from someone who bid $xxxx here on Nps for an out and out Tm Typo ? Now you are crying over $xxx ? .
I think you know very well that you are in the wrong here...
Wonder if their attorneys are members of any domaining forums? Like this one? If I were an attorney dealing with domain-related cases I'd certainly be sure I was a member of the most popular online venues for research purposes ...
As for them covering your costs - How much is a new membership lead worth to them? How much did it cost them in lost leads and damage to their reputation during the time when people who mistakenly typed .com were redirected to the porn site?..
Unfortunately I do not really see how you'll get your money back from that gym. You can try maybe to.
Negotiate a little more, but...they seem to be in the stronger position than you are.
Just work your butt off of something, and legitimate at that. You'll make your money back from having.
Registered and renewed that domain name the past two years.
And if you really don't want to give them the domain name, then have your registrar delete it...
Give them the domain and don't expect anything back in return. That's my advice. Be sure to get something which says that all proceedings will be dropped. You're on very shaky ground. If you can negotiate to get refunded your expenses, your a better negotiator than me.
Personally, I think something triggered you putting the porn on the website. You didn't just do that out of the blue. A few bad words with your old employer, maybe?..