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GoDaddy user reviews : Advise I use GoDaddy?? I own [tm]pens.com and someone registered [tm]pen.com

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I know, I know...when you register a name get both singular and plural...sigh.

Anyways, I own the TM and have the site [TM]pens.com and shortly after I registered the domain, someone registered [TM]pen.com (singular).

Its not like a huge deal for me, the site's not huge, but enough to put some effort in trying to recover it. Its pretty obvious squatting issue, but I don't know how much of a pain it would be to recover it. Seems to me the company (nameking.com) that registered it is pretty much your professional squatting/extortion company...like in the Caymans.

Is it worth the fight, any suggestions on taking steps to request it? If someone has a good C&D letter, could you post it? Should I offer them $50 and cross my fingers?.

Heeeelp!.

Tks..

Comments (34)

Are you trying to say someone registered the domain pen.com recently? I am guessing this has been registered for a long long time. I must assume that you are saying that they registered a Trademark for pen.com recently? Honestly your post is somewhat unclear...

Comment #1

Are you trying to say you have a TM for Pens.com? Pens.com sells pens. Since this is a dictionary word and you are using it's actual meaning you DO NOT have a TM for that usage. You can't do anything about pen.com. What's obvious is you don't understand TM law. You should offer them $50k if you are serious.

You are obviously one of those people very misinformed about what cybersquatting is and that's dangerous for domainers...

Comment #2

I think pinkyring is trying to say his domain is trademarkpens.com.

And someone registered trademarkpen.com.

Not pens.com or pen.com.

Unless you have the tm with the word pen or pens in it, it'll be tough to get it back..

Do talk to a pro domain attorney though, before making an offer...

Comment #3

Trademarkpens.com or tmpens.com are still available.

I don't understand it. Are you the owner of www.pens.com ?

Comment #4

You have completely misunderstood his meaning. trademark is not a part of the domain. He has substituted the real trademarked word with trademark..

Comment #5

So you have a registered trademark on keyword+pens and you have a registered domain keyword+pens.com and somebody else have registered trademark on keyword+pen and have a domain keyword+pen.com in this case you cant do anything..

But if you own a trademark on keyword+pens and he have just a registered domain keyword+pen.com, which he registered after you got your trademark, when you can try to obtain that domain legally, it will cost you about 2,5k legal fees...

Comment #6

I think he's saying it's his trademark, plus the word pens.com..

Comment #7

Well, it is true that I misunderstood but I'm not the only one. The topic was somewhat confusing.

It appears OP owns a domain like rotringpens.com or parkerpens.com...

Comment #8

Yes except the trademark is his own.

As has been stated you could try and purchase the domain from the new owner. If you go the wipo route then you are talking at least $1000 (can't remember the exact figure) and additionally any legal fees you incur. A wipo cannot reward damages only the domain so you will pay these fees regardless of whether you win or not.

The only case I can think of that you can use is that the domain is confusingly similar but to be honest if you registered the domain a matter of hours before the other person registered the domain that will be a hard case to argue.

Without necessarily telling us what the trademarked term is, is it something relatively generic or something that is 100% unique?..

Comment #9

Ok ok ok to clarify...

I own xyztrademarkpens.com and someone registered xyztrademarkpen.com , where "xyztrademark" is a fictional substitute for my real trademark.

I will learn to be more concise in the future, apologies...

Comment #10

Alright PinkyRing..you aren't as clueless as I first thought.

Can you PM the exact name? I will give you my best opinion and keep the name confidential...

Comment #11

It was perfectly clear. some people just like to assume others are idiots...

Comment #12

I assume everyone is an idiot until they prove to me otherwise. It makes life a whole lot simpler since my expectations are extremely low for the human race...

Comment #13

Careful Labrocca, others could assume your an idiot for not understanding the initial post...and yes I am a bit clueless as to what can be done in a situation like this, but not as clueless as you think. I was hoping to hear other people's experiences with similar situations..

Nameking seems to enjoy doing this sort of business, there are posts about them online concerning this, one day someone will rip them a new one.

But this has gotten a bit off-topic, I think I have read enough to determine that I'll wait it out and hope it will be dropped. Thanks for all that helped...

Comment #14

I am an idiot..I haven't yet proven to myself otherwise.

And really you should PM me the name. Others can attest that I do have somewhat of an idea of what I am talking about. DNQuest and I are resident legal wannabe's. It really does depend an awful lot on what your TM name is and also who the owner of the singular is. I can certainly give you sound advice.

Anyways...feel free to PM me or don't. Your choice...I just like to help where I can...

Comment #15

For a sec, I thought I was the only one. I perfectly understood it too...

Comment #16

One of the reasons it was confusing to me was that the original poster had another thread about a domain he bought recently - pins.com. Also the fact that a domain with brackets in it is not a valid domain. I honestly thought he was adding the [TM]pins.com to show that he had a trademark on the name (like "I own CocaCola.com [TM].")...

Comment #17

That's what I thought. We do tend to get a lot of clueless posters here...as I said..I assume the worst but I was wrong of course...no biggie. Still want to know the actual domain but I guess the OP isn't gonna share it.

Good luck to you sir...

Comment #18

Take the money your were gunna invest in legal fees and.

Start registering more pen names if your serious about your business.

Lets say you spend 1500/7=215 domains point them all to your main site.

Be creative you dont have to just reg pens names, office domains stuff supply this and that names etc,.

Just another option for you.

Good luck..

Comment #19

Dam labrocca, if you aren't going to read the post correctly, don't bother posting, idiot [sorry, we haven't fought in a loooong time lol, too much of a love feast going on]. I did like that "wannabe" line, but actually, I did stay at a Holidya Inn last night.

As far as this situation, is the TM unique or descriptive in nature? You seem to suggest it is unique, but to let you know, descriptive TMs sometimes have trouble being enforced. If it is truly unique, at this point, you could issue a C+D and offer a payment for their "troubles". I do feel TM holder should never offer to buy a domain without sending a C&D along with it. If you read all the C&Ds people post here, you would be on the sending end...

Comment #20

Morning all.

First, thanks Jesse for taking the high road, I admit I was a bit miffed yesterday because of my thread gone awry, today is a new day and I apologize for any sniping.

I can add a bit more info....

-We own the TM in 4 different countries and growing..

-We have registered various domains with the same TM, i.e.

Xyztrademarkbags.com.

Xyztrademarkmugs.com.

Etc...about 20 in total..

So we're building a pretty strong intl brand in our industry. So I would rather recover this domain than register other pen sites.

-I did buy pins.com a while ago, but this thread really has nothing to do with it.

- I saw this last night on dnforum: www.cadna.org , Coalition Against Domain Name Abuse, perhaps they will help with cases like mine, just an FYI for others in a similar situation.

I could also add that without adword advertising my xyztrademarkpens.com site does not generate traffic, so I assume xyztrademarkpen.com wouldn't receive much either. If the domain isnt generating income for Nameking, would they drop it eventually?.

Tks.

DNQuest:.

I would consider it to be unique enough, lets say our TM is "Gamma", so the sites are gammapens.com, gammamugs.com, etc...

Not generic like bestpens.com, or bestmugs.com..

Comment #21

PinkyRing (first off, I laugh each time I see your name cause I get this weird visual in my head).

Then at this point, issue a C+D and offer a small sum to end the matter swiftly and amicably. The down side of being succesful, people with no morals will try to profit from your work...

Comment #22

DNQ:.

Yeah, people just dont tend to take me serious...maybe it's the sideburns.

Could you PM a C&D to me, or perhaps post it here for others? I'll give your strategy a shot and post the results...

Comment #23

Just my .2 here. If your company owns the TM in 4 countries (and growing) you obviously have substantial interest in the domain, it's integrity to your business, to avoid that a "rogue" domain dilutes your brand, etc.

The money you spent on TMs at this point, wouldn't it validate to contact an attorney and take the "i'm home safe" road, rather than going out on a "maybe they accept my C&D + Cash" attempt? If the company that you described is making their money through squatting, extorting and simply hardballing business owners, I would expect to get ignored or, if you're lucky, laughed at. At least when laughed at, you can use this for your purpose.

The analogy of "don't shoot a bird with a cannon" may come to mind, then again, with the cannon the bird will surely be gone - translation for the Labroccas of the world - sometimes it's better to just unleash everything you've got instead of pussyfooting around and hoping that a simple C&D is going to do the trick. Again, this represents my .2 ONLY!.

Good luck!.

IB..

Comment #24

Pinkyring I was surpised when I found this thread http://www.namepros.com/domain-newbi...ming-need.html.

It seems you need to read dnquests sig ..

In conclusion make a fair and reasonable offer for the name you speak of in this thread ...

Comment #25

Yeah, Ken you're right on it...I regged this out of ignorance, looking for a quick buck, but in the meantime I've been reading NP and am repenting. I feel I have a better feeling of what is legal or not, not to mention ethical.

At first I thought domains were really a bit of a free-for-all, as I now understand a person/company's rights to a TM as my own.

I even forgot about that domain and thread, thanks for pointing it out...

In conclusion, don't do it folks, dont reg whats not yours...

NP is a great resource, but it really takes alot of time and reading to get a grip on the industry, wonder if there is a book out like domaining for dummies, that would probably keep alot of people out of trouble.

I guess what goes around, comes around.....

Comment #26

Well, my sig is a great start lol.

I like success stories, he learned, he repented and is now better for it..

Comment #27

...meaning that they are not bound to an enforcible set of rules concerning your disclosures to them, and your communications are not privileged against disclosure in a legal proceeding...

Comment #28

Aww, it wasn't meant to. It's just that if someone lands in one of these forums with a legal dispute, and then later gets into litigation, one of the things they are going to have to pony up in discovery is typically all communications relating to the domain name. Now, failure to comply is going to lead to contempt. So, they go ahead and comply, and include the communications held with you. Now, it's your turn to get sucked into the dispute on the basis of whatever you said, and so on.

Communications with an attorney are privileged against that sort of thing.

I understand that you are a wonderful, helpful, well-meaning person, but you are encouraging others to engage in communications which can be held against them.

Now, UNLV has two part-time JD programs.....

Comment #29

Shucks,...i knew I shouldn't have left Vegas to move to ND...

Comment #30

"UNLV has two part-time JD programs".

What does JD stand for exactly? It's 5am and I am too tired to google...

Comment #31

Personally I'd check out the owners website. If they're registering domains in bulk, they may be completely unaware that they are infringing on a TM. And in some cases, merely explaining the situation and showing proof, they may just hand the domain over to you. You have to remember that a lot of these people are using automated processes to register domains, so they may be completely unaware. Doesn't make it right, but still. Maybe the best route would be to just do some research on the company who owns it.

I can't remember who it was, but I definitely remember checking out a page for a company I considered to be a squatting firm in the Caymans, and they stated that if there was a clearly valid TM on any of the domains they owned, they would hand it over.

I'm sure there are a lot of companies out there who do squat like crazy, so it may not be that simple, but it's definitely worth trying to research and contact the company. Some people would rather hand over a mediocre domain than take the chance of being labeled a squatter, especially if they have a sizable business. I think it stands for Justice Doctor..

Comment #32

Well I don't know NameKings attitude about getting C&Ds and rolling over. Anyone have experience with them? They are a large outfit from my understanding...

Comment #33

Several things....

Juvenile Delinquent and Juris Doctor spring to mind...

Comment #34


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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