Thread: INDRP: Axa.in - When not to park a domain

Originally Posted by newyorkdude

If you want to grab this name from me after going to the registration agency or the court, you will probably win but it will cost you lawyer's fees. Why not pay me a small amount, instead of paying lawyers?"

I'd be careful here as this tactic might hurt you in the long-term. If it actually goes to court and the trademark owner wins the trademarked domain, you might get labeled a cybersquatter. If this happens, it may ruin your chances in other potential INDRP cases where you actually have a legitimate claim to your domain.

Originally Posted by hosting

Thanks for your reponse i totally agree with you but I will think about this whether or not should i keep this domain, or never know i will keep this for ever - in a hope to see some good money come in ;-)

I understand domainers can innocently register trademarked domains. However, if they choose to renew the domain after they've found out it's a trademarked term, this shows bad faith.

Hosting, in your case, are you sure you can't use your domain in a different channel of trade than which the trademark has received protection? Obviously, if it's a famous trademark, you can't and shouldn't try to do this.

Originally Posted by Ceres

I'd be careful here as this tactic might hurt you in the long-term. If it actually goes to court and the trademark owner wins the trademarked domain, you might get labeled a cybersquatter. If this happens, it may ruin your chances in other potential INDRP cases where you actually have a legitimate claim to your domain.

I disagree. If you registered the domain in all innocence, the likelihood that they will go to an authority to hound you is very small. If they have a choice of paying you $xxx vs paying lawyer's fees of $x,xxx or more, you win hands down. IAM NOT SUGGESTING your offer to sell for $xxx is extortion. I am saying you did some creative work to come up with the domain name and you want to be compensated for the creative work. Your request to be paid for your work is reasonable. I was originally responding to the comment that one should sell a disputed, innocent domain for reg fees only. Reg fee only does not compensate for the creative work you did.

If you make an offer to sell them the domain for $xxx and they turn it down, then go to the authority (paying fees of $x,xxx), and they win the case (which you have essentially conceded anyhow), you probably won't suffer. If they want to get two bites out of the same apple by going to the extent of trying to having you labelled a cybersquatter, you can turn around and sue them for abuse of process. You have 1) regged the domain in all innocence, 2) offered to sell at a reasonable price, a price that gives a small reward for the work you did, 3) suffered while they brought the case to authorities despite your reasonable offer. If you are being reasonable while they are being vindictive, bad on them. Make them pay for their unnecessary vindictiveness by putting the ball into their court.

NewYorkDude, while I agree it's reasonable to request a refund for the registration fee etc, I don't agree with your tactic on how to go about this.

I think any mention of court proceedings by you sounds like you are simply trying to extort money them.

Ceres and newyourdude - I appreciate your response and make sure what ever I decide I will be very cautious and take extra precaution at least for not to be named as "cyber squatter" ;-)

I will pm you the domain name that I am talking about ;-). Since the domain is an acronym, I will be very grateful if you can share your ideas what it can be called. Once I am happy with whatever you suggest I will start gathering articles and fill site very soon ;-)

Thanks again.