Swedish Company Demands Control Of My Domain

[1yerrot]

Your welcome but I am a female.

OH, my bad. Thanks sis, lulz!

those god damn Swede's and their huge hunger for world domination

Onkelmicha, I blame you for this. You and Canada.... Why Canada? Well, why not?

I'd hand it over after annihilating the domain. Doorways, redirects, iframes, cloaking, mass xrumer links the lot. Get it deindexed. Make Google hate it. Ruin the domain and ensure they get no benefits from the work you have done. Make it completely and utterly worthless. Do it. Do it. Do it.

I gave it thought, but it's too much work for something that won't make money.

tell them to take you to court in canada that way you can wear those funny wigs

No wigs for me bruh....

tell them to Fück Øff

Tied for my favorite piece of advice.

Create fake account. Transfer domain to fake account. Tell said company that you recently sold domain. Tell said company that they must contact fake owner of domain. ?winning

Tied for my favorite piece of advice.

Get their IP address or state IP address. Add a script that sends that IP address to another random website. (Or "This domain has been taken down" page in website.) They believe you did what they wanted. They forget. Voila!

Also interesting....

 

[1yerrot]

Send them a printout of the above picture covered in semen.

I lol'd....

 

[Fatbat]

So do you have a legitimate source for this? The case below is one of many where people used a registered trademark in a domain to push the company's product and won when the company demaned the domain be transferred. There are many examples of this. Of course it does not mean they won't sue so I personally stay away from trademarks to not have to deal with the grief. Probably worth talking to a lawyer if you want to keep the domain. Someone who knows how decisions are going these days.

http://www.wipo.int/amc/en/domains/decisions/html/2004/d2004-0481.html

This is rare. For every odd WIPO panel decision like this, there are a thousand that go the other way.

This x1000.

+1

If you need someone to communicate with them in Swedish I can do so free of charge. Native speaker here. AFAIK Swedish law only allows you to overtake domains if it's proven that you're in the same niche, had it happen to my father once; I'm no lawyer though.

Swedish law has nothing to do with this. International trademark law does. They simply need to pay their $1500 and file the WIPO case and wait 2 or 3 months for it to be resolved, in all likelihood taking the domain.

I'd hand it over after annihilating the domain. Doorways, redirects, iframes, cloaking, mass xrumer links the lot. Get it deindexed. Make Google hate it. Ruin the domain and ensure they get no benefits from the work you have done. Make it completely and utterly worthless. Do it. Do it. Do it.

Great advice if you also want a lawsuit to go along with your domain dispute.

What you could do, as I have done successfully in the past, is try to work out a deal where they pay you $500-$1000 for your time and troubles... it's cheaper than them having their lawyers file a WIPO case. It doesn't always work, but you've got nothing to lose by trying.

 

[Andrew Scherer]

say good bye to your domain if/once they file a udrp

reg a new non trademark domain and move all content to the new one. 301 redirect while you still can.

this has happend to me several times over the years

 

[Insomniac]

Couple of opinions here...

First off, don't respond to them, in doing so you are making a formal acknowledgement and giving them 'evidence' for the UDRP process.

Second, they have sent you two requests by email, that doesn't mean shit. Until you get something in the mail, ignore it.

Third, the UDRP process does not award monetary damages. It also costs them money to file and process. Waste as much money of their as you can. If you're not in sweden, they can't do a whole lot to cause you monetary damages.

Fourth, redirect sweden to some other site, preferably involving feces.

Fifth, if you have any seo, consider starting your 301's now, so plenty of weight is carried over.

 

[stacykohlman]

I actually discussed this exact situation with an attorney. He said exactly the same thing that

Sinfullysweet suggested:

" My advice would be to take the site down that you have on it as soon as possible and put something up totally unrelated. "

So long as your aren't exploiting their brand for obvious reasons you should be ok. Good Luck!

 

[HiGhPeR]

I've had a couple of these love letters. It's always been with some big money companies, and just hand over the domains. I've since -generally- stayed away from trademarked domains.

 

[forumstorm]

say good bye to your domain if/once they file a udrp

reg a new non trademark domain and move all content to the new one. 301 redirect while you still can.

this has happend to me several times over the years

This.

 

[Incantation]

lol @ "a clear case of cybersquatting", do they even know what cybersquatting is?! Sounds like they're just pissed cos you're ranking above them.

 

[Andrew Scherer]

they will always try their best to get you to relinquish your domain without them having to file a udrp because of the absurd costs associated with filing

I have always sat on my domains till they filed, usually I invest a lot more than 1.5k in a domain by the time it starts ranking and the company notices it in the SERPs.. these are domains ive registered before i knew any better and I still hold many 4 plus year old trademark domains that earn a pretty penny every month (even though there is no longevity in these, unfortunately)

but the sad reality is that it is gone, the earlier you 301 the better... you will retain some of that link juice and ranking

 

[-God-]

Great advice if you also want a lawsuit to go along with your domain dispute.

Where does the law stand, roughly speaking, as I believe you're not a lawyer, on doing this? Obviously it's malicious (and childish, which is why I'd do it) but surely they're only entitled to a domain infringing their trademark, not work done to ensure it ranks?

EDIT: I'm presuming, as it's technically their property, it would be similar to damaging their company's reputation, much like running it to porn or the like?

Is there not room for plausible deniability on some means of deindexing? (I'm not sure there is.) I'm not being a dick by the way, just curious. (I was the child who took his toys apart to find out how they work!)

 

[swede_aff]

Lawsuits are not the same here in Sweden as in the US, fines for this type of stuff would be limited to paying the other parties case cost if you loose.

I've been in the same situation numerous times and have never gone to court, it's very common here that this type of stuff ends up as an under the table settlement where the requesting company has to buy back the domain.

Don't reply to any form of communication and 301 the domain somewhere else.

 

[seohug]

A complainant in a UDRP proceeding must establish three elements to succeed:

1* The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
2* The registrant does not have any rights or legitimate interests in the domain name; and
3* The registrant registered the domain name and is using it in "bad faith."

You can easily establish 2 and 3 in your favor and that blows them out of the water. It will get tougher for them if you registred the domain or service before they launched their product or service.

 

[Fatbat]

Where does the law stand, roughly speaking, as I believe you're not a lawyer, on doing this? Obviously it's malicious (and childish, which is why I'd do it) but surely they're only entitled to a domain infringing their trademark, not work done to ensure it ranks?

EDIT: I'm presuming, as it's technically their property, it would be similar to damaging their company's reputation, much like running it to porn or the like?

Is there not room for plausible deniability on some means of deindexing? (I'm not sure there is.) I'm not being a dick by the way, just curious. (I was the child who took his toys apart to find out how they work!)

Yeah, you're right, I'm not a lawyer, but the shit being suggested here would be a clear cut case of defamation as it can be shown what the domain was was previously being used for, what claims the company in question made, and what the OP then did in response to those claims.

Lawsuits are not the same here in Sweden as in the US, fines for this type of stuff would be limited to paying the other parties case cost if you loose.

I've been in the same situation numerous times and have never gone to court, it's very common here that this type of stuff ends up as an under the table settlement where the requesting company has to buy back the domain.

Don't reply to any form of communication and 301 the domain somewhere else.

As I understand it, a foreign company can file suit in a US court. This doesn't have to be done in Sweden.

A complainant in a UDRP proceeding must establish three elements to succeed:

1* The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights;
2* The registrant does not have any rights or legitimate interests in the domain name; and
3* The registrant registered the domain name and is using it in "bad faith."

You can easily establish 2 and 3 in your favor and that blows them out of the water. It will get tougher for them if you registred the domain or service before they launched their product or service.

All three points are perfectly valid in this case and not difficult to prove, even if he changes the site now. I'm also going to guess that since the OP is using the domain to sell this company's products through an affiliate program he's also in violation of the terms of that program since most prohibit their affs from using similar domains or bidding on competing keywords, and he's in a position where he could have any earnings forfeited.

This is a really straight forward violation of international trademark laws and I give the op about a 1% chance of being able to hold onto this domain.

Some of the suggestions of trying to damage this company's image go to show the overall level of maturity and professionalism of certain members of this group. You want to give internet marketers and the affiliate community a bad name, this is how you do it. When someone approaches you about a legal matter when you're clearly in the wrong you don't say "FUCK YOU MAN, I DO WHAT I WANT!" Instead the OP could possibly work this to his advantage if he employed good negotiating skills.

 

[tencentpiece]

Assuming that the affiliate program says nothing about using the trademark/company term like this - what's the risk of just letting this go to court/UDRP?

If they find in favor of the company, do you have to pay any penalties or damages? If so can those be avoided by just transfering the domain as soon as UDRP/legal proceedings begin?

This has happened to me a few times and I've always just forfeited the domain because it has been making jack shit (and in a few cases it was just parked and they wanted to build it out) - but just interested.

 

[Fatbat]

Assuming that the affiliate program says nothing about using the trademark/company term like this - what's the risk of just letting this go to court/UDRP?

If they find in favor of the company, do you have to pay any penalties or damages? If so can those be avoided by just transfering the domain as soon as UDRP/legal proceedings begin?

This has happened to me a few times and I've always just forfeited the domain because it has been making jack shit (and in a few cases it was just parked and they wanted to build it out) - but just interested.

If the case goes to UDRP it's likely they'll find in favor of the complainant and the OP will lose the domain. If they find in favor of the complainant the OP won't have to pay any penalties. If he transfers the domain to the complainant before the UDRP is filed they save the filing fees which are $1500 for a single arbitrator and up to five domains (typical scenario) >> Schedule of Fees under the UDRP (valid as of December 1, 2002)

This is why I say it's wise to try to negotiate a settlement out of them that is equal to or less than the filing fee + lawyer expenses. I've done this on a few occasions myself. I've also sold straight up blatant trademarked domains for many times the UDRP filing fees. I've also just handed over domains with no compensation to avoid any hassles. I once blew a negotiation by getting too greedy. The party in question was offering a few grand for the name and I wanted a few more and after a few back and forths they just said "fuck you, give us the name or we sue you instead". You win some you lose some.

You could also attempt to negotiate other business arrangements with the company, especially if your SEO skills are superior to those the company has working for them. Opportunity sometimes reveals itself in interesting ways. Don't shoot yourself in the foot by being a jerk.

 

[ludachris]

Is the domain an exact match of there trademark? also is the trademark a generic term? and is it only there products alone you advertise?

 

[GreeLee]

It should be an easy call. If the site makes enough to pay for a lawyer - then get a lawyer. If not, then it's not worth wasting any more time on.

 

[greyaisha]

I hope you at least dickroll them a few times with it.

 

[1yerrot]

If the case goes to UDRP it's likely they'll find in favor of the complainant and the OP will lose the domain. If they find in favor of the complainant the OP won't have to pay any penalties. If he transfers the domain to the complainant before the UDRP is filed they save the filing fees which are $1500 for a single arbitrator and up to five domains (typical scenario) >> Schedule of Fees under the UDRP (valid as of December 1, 2002)

This is why I say it's wise to try to negotiate a settlement out of them that is equal to or less than the filing fee + lawyer expenses. I've done this on a few occasions myself. I've also sold straight up blatant trademarked domains for many times the UDRP filing fees. I've also just handed over domains with no compensation to avoid any hassles. I once blew a negotiation by getting too greedy. The party in question was offering a few grand for the name and I wanted a few more and after a few back and forths they just said "fuck you, give us the name or we sue you instead". You win some you lose some.

You could also attempt to negotiate other business arrangements with the company, especially if your SEO skills are superior to those the company has working for them. Opportunity sometimes reveals itself in interesting ways. Don't shoot yourself in the foot by being a jerk.

I am thinking about sending a polite email back offering the domain for $750 and seeing if they bite.

they will always try their best to get you to relinquish your domain without them having to file a udrp because of the absurd costs associated with filing

I have always sat on my domains till they filed, usually I invest a lot more than 1.5k in a domain by the time it starts ranking and the company notices it in the SERPs.. these are domains ive registered before i knew any better and I still hold many 4 plus year old trademark domains that earn a pretty penny every month (even though there is no longevity in these, unfortunately)

but the sad reality is that it is gone, the earlier you 301 the better... you will retain some of that link juice and ranking

Yeah this a domain that I bought before I knew any better too, lol...

lol @ "a clear case of cybersquatting", do they even know what cybersquatting is?! Sounds like they're just pissed cos you're ranking above them.

Ha, yeah I found that funny too.