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  1. #1

    my domain often got confused with another big company...

    Hi all.

    I need some suggestions for all you gurus. Thanks much in advance.

    One of my domains apparently got confused with a big name company and I often get emails sent to me due to this confusion. Emails would include all sorts of business activities, suggestions, discussions and even salary adjustment forms in Excels etc.

    Right now I just ignore them and delete them when they come. This domain is used by one of my companies (company name is the web domain name), and is totally legit and a different word, but similar to the big company so that some would be absent-mindedly send me their documents.

    Now I wonder if I could profit from it, say, by selling my domain to this company. This company is based in Europe and has annual sales about $2 B last year, employs about 5000 worldwide. If so, how much should I ask? My company has been using my domain for about 3 months and we have distributed about 300 business cards baring the domain name/web address, attending various trade shows.

    Thanks again.

    Will

  2. #2
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    $2B ? be ware of not being used as bad-faith and they get the domain from you by force!
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

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  3. #3
    get my domain by force??

    how?

    My company is www.abcde.com (for example) and their company is www.abcd.com but some people would only remember abcde.com instead of abcd.com, and that could be my problem?

    Besides, their emails would constantly disrupt my business, in a sense anyway. And that would be my problem? I was thinking by offering them a safety to their company wellbeings, they should "reward" me with a big sum, instead of suing me

    How about start with a cool 0.99 mil?

  4. #4
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    Originally posted by Bashar
    ... and they get the domain from you by force!
    As soon as a domain dispute goes to the World Intellectual Property Organization it costs you $1500 USD simply to respond to any accusations they may make. That wouldn't happen until after a few months of weasley lawyer letters and threats, of course. Doesn't sound pleasant.

    Maybe you could just use your new found knowledge to make some good stock trades (ala Martha Stewart)

  5. #5
    hmm how could they do that? (take me to some domain dispute thing)

    First of all, it has nothing to do with the company name. The confusion was caused by some people's language skills or habits, except lots people would easily got confused and would use my company name instead of theirs.

    Let me give another example: (for example) my company is TCDY.Com and people would for some reason mistake tcdy.com for TCBY.com and keep sending corporate emails to this address, amongst other things. The only difference to this example here, is that my company name is like an English word and their name is not, and, their company is MUCH bigger (than TCBY)

    Hmmm there gotta be a way to cough up these fat cats!

  6. #6
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    http://www.icann.org/udrp/udrp.htm

    Just do a Google search for UDRP. I would walk softly if I was you. Unless you have deep pockets.

  7. #7
    interesting!

    I don't know if it is necessary for me to trademark my company name first. We have been using (TM) after our company name for a while, even though we haven't officially registered with trademark office. It has not been registered by others either.

    I didn't know it could be this complicated. I was more thinking along the way of offering them a helping hand

  8. #8
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    I wouldn't contact them until you figured out exactly what position you are in. We all here can just give you our opinions but without knowing more details it is just that...opinions. If I am not mistaken nameslave is pretty well versed in all the TM issues with domains. Maybe we will see a post later?

  9. #9
    By the way, I got a long list of salary adjustments the other day, some including VERY sensitive materials like birthdates, S numbers etc... this can't be good for the company and we might sell our company to others later or sell the domain name to others.

    Because of these harmful potentials, as a good gesture, I offer them the first shot at the domain name and willing to start all over again. And, as a nice guy, I would not sue them for "transpassing" (their internal communications would often send to my company address, on top of outside communications to their company)

  10. #10
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    thats weird.

    try emailing them and telling them that you own xxxxx.com domain and want to sell if and you might be interested to buy it, please make your offer.

    and see, youcould make good money or lose good money
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

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  11. #11
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    DO NOT offer to sell your name to the company.
    You can be accused of cybersquatting - and it will weaken your legal position if it goes to court.
    If you offer to give up your domain for money it also indicates that you don't have a serious business interest in the name - and it will weaken your position in court.
    If you want to sell them the name, contact them and let them know that you are getting their confidential mail - but don't offer to sell. You would have to show that you have a legitimate active website, a legitimate reason for having the name, and that you are being disrupted by thier mail. They may make an offer or their lawyer may write you an intimidating letter. It's a crap shoot and it doesn't matter who is right. They can outspend you.

  12. #12
    You may want to consider checking if their name is a trademark and if not register your own first.
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  13. #13
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    Virginia is right. DO NOT sell the domain name, but inform them of what is happening about you getting their emails. And IF they want to purchase your domain, ask them their offers.
    He who hates correction will die. --Proverbs 15:10
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  14. #14
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    In the meantime you might want to wait and see...
    I wouldn't offer the domain for sale either, you would be looking for trouble.
    Who started using the domain name first?

  15. #15
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    i dont think it really depends on the money.

    say you have blahto.com and new company came to business called blahtoo.com and made billions, would they sue you and take ur name?

    don't think so
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
    Kuwait's First Webhosting and Domain Registration provider - an ICANN Accredited Registrar

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  16. #16
    1) They have their name first but it's different from mine. Totally. As I said, we just started using our site about 3 months ago. They probably have theirs for AGES.

    2) I set up my company to do business. This confusion was not something I was looking for.

    3) I won't sell the domain for the time being. I will just sell the information I collect to their competitors

    4) I do plan to register the trademark of my company down the road. Right now, we are at the starting stage of a small business and I do not want to pour in too much financially.

    5) Thank you all for replying. I guess there is no way to milk this cow at the moment.
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  17. #17
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    1) They have their name first but it's different from mine. Totally. As I said, we just started using our site about 3 months ago. They probably have theirs for AGES.
    Ok, sorry I missed that one. Anyway if they started first, even though you are in perfectly good faith, they might assume you named your company on purpose, and if you offer the domain for sale, even the authorities might think that.
    2) I set up my company to do business. This confusion was not something I was looking for.
    Wether you are or not, only you know, but to me you sound in perfectly good faith. Actually as you said it's a pain in the neck to get those e-mails with info perfectly useless to you. Still it's quite a peculiar situation. I suppose you already rules out getting some legal advice.
    3) I won't sell the domain for the time being. I will just sell the information I collect to their competitors
    LOL
    4) I do plan to register the trademark of my company down the road. Right now, we are at the starting stage of a small business and I do not want to pour in too much financially.
    It sounds financially wise!
    5) Thank you all for replying. I guess there is no way to milk this cow at the moment.
    You're welcome and thank you for sharing with us such an unusual story!
    Good luck!

  18. #18
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    Just make sure you dont send them an email with even a hint of wanting to sell it to them...... Just explain to them that you have emails that you beleve were intended on going to them and that your not sure what to do with them, then offer the emails to them... They might might you an offer for the domain...

  19. #19
    thanks.

  20. #20
    What i would suggest is accept what they offer quitely and buy another domain. I am sure they will offer more than what you paid for it. $2b was not made overnight and they have line of attorneys in line for them sitting idle. So contact them and be honest and i am sure you will get your 2 cents too.

  21. #21
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    Bollox. Unless you registered the domain in bad faith, there is nothing to worry about. In fact, a few years ago I sold PixelMatrix.com to PixelMetrix.com - I had registered mine first and was also receiving tonns of emails, attached spreadsheets etc. I was forwarding them all to the other company; eventually they asked me to sell them the domain.

  22. #22
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    gotta love timechange's unlimited brainwidth.

    1. Do not offer to sell it to them, that is bad faith.

    2. Do not sell/provide anything close to what they do, that could be typo squatting/trademark infrinigement.


    If they want to buy it they will, but if they just want the domain and they are a big company... they will take it via UDRP. And UDRP can be very odd sometimes, even if you have a legitimate right, you may lose it. It isn't always such a fair place
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  23. #23
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    Exactly. I never offered it for sale, they offered to buy it - my first 4-digit sale

  24. #24
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    care to share some of that wealth?
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  25. #25
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    The cash? Long gone, thanks to my lovely ex wife but I'll buy drinks when you visit Central FL.

  26. #26
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    central florida here I come!
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  27. #27
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    can i join
    Bashar Al-Abdulhadi - KuwaitNET Internet Services Serving customers since 1997
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  28. #28
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    ....
    Unless you registered the domain in bad faith, there is nothing to worry about. In fact, a few years ago I sold PixelMatrix.com to PixelMetrix.com - I had registered mine first
    ....
    I think it's rather the matter of who starts to use it first, not necessarily who registers it first.
    If things went that way for you I am happy for you (although I hate exwives making the most of it), but that depends of the attitude of your counterpart and the level of the legal advice they got, or their strategy or whatever...
    Maybe they were just nice!
    I wouldn't rely upon this single experience but maybe that's because I'm not a natural born optimistic!
    It sounds right to inform them of what's going on but I wouldn't feel comfortable with that.
    I too would start to think about another domain just in case. If you plan ahead it won't be too disruptive for your business too change.
    Of course it might end very well for you, I don't want sound like scarecrow.

  29. #29
    Thanks guys. What I have is a trading company and doing furniture stuff and that's what the domain is for (at the moment anyway). Their company is a drug company type so we are totally not related.

    Personally, I think it would be the right thing to do to tell them what's going on (I have been getting emails in German, Spanish, Russian... you name it). I would not ask for a price to start the deal. If they want to buy it, they have to pay it DEARLY. I wouldn't even think to let it go for a 4-digit

    I own both .com and .net for the domain name. As for my business domain name? If I HAD to change it, not a big deal. Maybe a loss somewhere about 1k for me at most (just call up every contacting company in person and tell them).

    I'll just stay put for the time being. You know whatelse? We have a business partner in Hong Kong and it could be just as easily be his domain.... hmmm ... or maybe transfer to another country that they wouldn't know who to talk to in order to touch the domain...

    Man! the possibilities are endless!


  30. #30
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    So you don't know if you wanna be a goodie or a baddie,huh?
    OK, let me wish you the best and ask you to share with us any news, it's quite interesting!

    Bye

    PS: if it's such a different business it might help, although no guarantee of win should a dispute eventually arise.

  31. #31
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    Originally posted by kohashi
    ... if they just want the domain and they are a big company... they will take it via UDRP. And UDRP can be very odd sometimes, even if you have a legitimate right, you may lose it. It isn't always such a fair place
    Not to mention that you have to pay $1500 USD simply to respond to a UDRP claim!

  32. #32
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    sightz, when did that 1500 fee take place? I thought if someone is going to dispute it they pay the fees? That is what happened when WIPO took a domain name of mine. I never paid a dime, I would of had to pay if I wanted a Three personal panel instead of a Biast One person panel. Oh well learn as you go The more moeny you have the more pull you have at WIPO

  33. #33
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    If you are so desperate for money then it would be wise to ask them for a job in their company. Then you can become the workers union leader and set up a website with the confusing domain name. Maybe they will wisen up and buy you and your domain out for 1 million lol

    just j/k....

  34. #34
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    Originally posted by frattay22
    ...I never paid a dime, I would of had to pay if I wanted a Three personal panel instead of a Biast One person panel.
    You are right. It looks like the fee structure has changed since one of my clients went through it years ago:
    http://www.icann.org/udrp/udrp-rules-24oct99.htm

    I wonder how one becomes a WIPO panelist? $1000 a pop for arbitrarily deciding some poor schmo's fate. Sweet!

  35. #35
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    sightz, yes tell me about it. I am sure money is going under the table everywhere at WIPO. It is just a big scam for corps to go and cry wolf if someone has a domain name they want

    I think my Domain name went two years ago there... and they are the only ones who had to pay the fee to get the domain name back. But if I wanted three monkey panelist, I would have to pop out some money can't remember. All I can say is that I don't have access to the site but they never changed the NS's so I am pointing the traffic to that site to another one.

    Best of luck

  36. #36
    Hmmm what happens if I sue them in small claims court for unsolicited emails and ask for damage? I am not selling my domain, just sue them for "electronic" transpassing

    Will that work?

  37. #37
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    SPAM!

    I wouldn't do that, it's not the company's fault anyway, it's the senders' typos.
    Of course if you can provide evidence of some sort of damage you could sue someone, although rather adventurously, but I can't see them as your counterparts.
    Actually they could be disappointed that you sue thier clients or partners or whatever, and turn to you, just because you reminded them about this inconvenience caused by such similarity.

    I would try harder for another idea!

  38. #38
    Originally posted by sightz
    Not to mention that you have to pay $1500 USD simply to respond to a UDRP claim!
    What I want to know is: where does that money go??
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  39. #39
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    Originally posted by Sizzly
    What I want to know is: where does that money go??
    For claims that go through WIPO, $500 goes to the WIPO Arbitration and Mediation Center and $1000 to the panelist.

    Sounds like a good gig if you can get it!

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