I have an interesting situation. A few years ago I came up with a name to be used as a domain name, and registered it. The name had no trademarks in the USPTO or in the state trademark database.

Roughly a year later, a lawyer for a large company offers to by the name for a small $150 dollars. This inspired me to do a google search to see what was going on since the only page with this name previously in google was my own.

I came to see that this company had already came up with a massive campaign for this domain name, and had actually already published my domain name as there own in their publications which had already been sold and spread far and wide.

I was somewhat pissed at the time, since obviously the domain was worth far more than $150 to them and they were trying to score it on the cheap. So I wrote back and told the lawyer that I was thinking more like a million, but was open to negotiation.

Well, that was over a yera ago and I never heard a word back. Now the company is selling even more items related to the name (though they've wised up and have stopped using my full .com domain name) and they still haven't tried to trademark it.

So my problem is that it is obvious that this company will need, or would like this name, and I am more open to a negotiation now, but I have no idea if they ever were open to negotiation at all.

How can I sell this thing to them now? Who should I be talking with to make this happen?

It's just obvious that they need the name, and I have the name, but we have this massive stalemate of non-communication between us that is preventing any type of discussion. I recently sent a message back to the original lawyer that wrote me with the message that I am more open to discussion now, and I haven't heard anything back after 2 weeks.

Any ideas on how I should pursue this sale, or whom I should contact that would know how to pursue this sale?

If you start pursuing the sale, that may be seen as "squatting" on it, and opens the door to litigation. If it were me, I'd have put some content (unrelated to this company's offerings) and ads on it long ago to establish it was in use.
If they want it still, they will contact you.

I have an interesting situation. A few years ago I came up with a name to be used as a domain name, and registered it. The name had no trademarks in the USPTO or in the state trademark database.


On a similar track to bear, I would suggest you stick to your original plan. You may have something that is the equivalent of a winning lottery ticket, or you may not. It isn't worth the pain of trying to force the issue and getting screwed at the end of it all.

Simply go ahead and build your site as you wanted to....that way, if you win the lottery, you will have earned it rather than it dropping out of the sky ;) If on the other hand you choose to pursue the jackpot...well, you know what happens to most gamblers - the house wins - that is a big risk, and if it happens, then you'll end up feeling cheated of something you never planned on having originally.

If you start pursuing the sale, that may be seen as "squatting" on it, and opens the door to litigation. If it were me, I'd have put some content (unrelated to this company's offerings) and ads on it long ago to establish it was in use.
If they want it still, they will contact you.

Thankfully I did make a sort of personal site out of it early on, and have more than enough proof that I used it as the domain for my e-mail address, including by way of the e-mail communication their lawyer originally sent me.

I have no worry of squatting since I had the name first, and there is no trademark now nor was there ever, so there is no way they could actually sue me, nor could they take it to icann's court since you have to have an infringed trademark to bring a complaint.

I feel I'm pretty well covered also in that the most that could ever happen is that ICANN steals it from me, but they'd have no legal right to give it to anyone else unless they had a trademark anyways.

I just don't know where to go with this.

On a similar track to bear, I would suggest you stick to your original plan. You may have something that is the equivalent of a winning lottery ticket, or you may not. It isn't worth the pain of trying to force the issue and getting screwed at the end of it all.

Simply go ahead and build your site as you wanted to....that way, if you win the lottery, you will have earned it rather than it dropping out of the sky ;) If on the other hand you choose to pursue the jackpot...well, you know what happens to most gamblers - the house wins - that is a big risk, and if it happens, then you'll end up feeling cheated of something you never planned on having originally.

I generally agree on your attitude, but it is very hard to put time into something that you know will be sold anyways. I do think I'll put ads on the page though since the site should be making money for the free traffic it received. If they had a trademark, I'd be toast, but thankfully they don't.

I generally agree on your attitude, but it is very hard to put time into something that you know will be sold anyways. I do think I'll put ads on the page though since the site should be making money for the free traffic it received. If they had a trademark, I'd be toast, but thankfully they don't.

Treat it this way. If you put in hard work to build something, then down the line, if they want to buy, they are paying for that hard work - and paying a premium for you to give it up voluntarily!

It is just like creating a startup...you put in that hard work knowing you may need to sell out down the line - but that only makes you work harder knowing that what you accomplish will determine the value of the business over time.

Good luck to you, and keep that attitude going..it will work out :)

UDRP decisions are made by tribunals of 1 to 3 persons. They sometimes make erratic decisions. I agree to put non-related content on the site, not to pursue them, and wait for them to come a-knocking again.