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  Reply # 778843 12-Mar-2013 21:48
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AnfieldBoy: Thank you for your replys.



All this could have been sorted out over a cup of tea, instead they brought lawyers in and that has pissed me off.

AB



Not sure exactly how it works, but is there any possibility that they could claim any costs (eg the tribunal costs) back from you afterwards if they are found to be in the right?
This is why you really need to talk to a legal expert. 

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  Reply # 778845 12-Mar-2013 21:50
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The big question was raised earlier - are the domain names you've registered ones that have both a generic meaning and are also the name of business or product? If the domain you have purchased is one just used for a company or product (such as cocacola.co.nz) you'd have very little chance of keeping the domain name in a dispute situation.

What's the situation in this case?




 
 
 
 


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  Reply # 778846 12-Mar-2013 21:51
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Thats a fair summation. Although even if they win and have paid money to do so, the judgement doesn't limit their right to follow up and try to recover the money lost.

You say it could be sorted over a cup of tea, yet the first post says you "they are a commercial entity so I put a commercial worth on the sites".
Doesn't sound like a cup of tea :)

Perhaps they took offense at your initial offer and bit back with a lawyer?

Sounds like you should have taken the money.




meat popsicle



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  Reply # 778847 12-Mar-2013 21:52
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Hi thank you for your insight, yes I realise there is a lot of ambiguity in my post dont really want to post too many details. You have all given me food for thought which is what I was after.

It all sounds very murky and the organisation who are after the domains are lucky I have them in NZ and not a proper cybersquatter based in Kentucky or Louisville.

AB

mjb

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  Reply # 778850 12-Mar-2013 21:53
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How about telling us what the domain is, so we can have a better idea of your position?




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  Reply # 778854 12-Mar-2013 22:07
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AnfieldBoy: Thank you for your replys.

Technically I am cybersquatting, however I dont believe the situation is so black & white. There where mitigating circumstances regardless as to why I bought the domains in the first place at the moment a commercial entity wants them, they have hired a lawyer and gone to the DNC.

If I contest the case and make a valid claim then I believe it goes to a expert who charges the claimant $2000 to make a judgement.

I am not too worried about loosing the name my contention is the manner in which I have been approached and dismissed with a token $500.

If I contest the issue and there is good cause to hear my argument then the claimant which is a commercial entity will have to pay legal fees from their end and the fees for the expert.

Does that sound a fair summation?

I also own the .com domain name do the DNC have any control over them given that the name was registered in NZ and currently sits with a NZ provider. 

All this could have been sorted out over a cup of tea, instead they brought lawyers in and that has pissed me off.

AB



A cup of tea? No I don't so. They obviously didn't think the "value" you put on the domains was reasonable, and I have my own doubts about this as well. 

They didn't try to "bully" you, they offered you a sum of money well in excess of the value of the domain name registration as a counter offer to your version of the value and they likely felt they had no way to come to a non legal conclusion. 

You have put yourself in this position. 

I'd say the best you could do is go back to them admit you didn't handle it well, ask them if the offer of $500 is still available and if it is, consider yourself fortunate. 





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  Reply # 778855 12-Mar-2013 22:11
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AnfieldBoy: Hi thank you for your insight, yes I realise there is a lot of ambiguity in my post dont really want to post too many details. You have all given me food for thought which is what I was after.

It all sounds very murky and the organisation who are after the domains are lucky I have them in NZ and not a proper cybersquatter based in Kentucky or Louisville.

AB


Doesn't sound like they were lucky at all, seems you (a NZ based cybersquatter from what I see) tried to take advantage by putting a much higher value on the domain which is exactly what they (Overseas CyberSquatter) would do. 

There are avenues for them to have taken even if the domain was bought by an overseas entity.

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  Reply # 778856 12-Mar-2013 22:11
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I don't mean to hijack this thread, but what rights would a company who have recently registered their trademark have against a cybersquatter taking their .co.nz name? The company has been in business since 2009 and the domain was registered then, but has since sit parked and unused.




 




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  Reply # 778858 12-Mar-2013 22:14
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networkn:
AnfieldBoy: Thank you for your replys.

Technically I am cybersquatting, however I dont believe the situation is so black & white. There where mitigating circumstances regardless as to why I bought the domains in the first place at the moment a commercial entity wants them, they have hired a lawyer and gone to the DNC.

If I contest the case and make a valid claim then I believe it goes to a expert who charges the claimant $2000 to make a judgement.

I am not too worried about loosing the name my contention is the manner in which I have been approached and dismissed with a token $500.

If I contest the issue and there is good cause to hear my argument then the claimant which is a commercial entity will have to pay legal fees from their end and the fees for the expert.

Does that sound a fair summation?

I also own the .com domain name do the DNC have any control over them given that the name was registered in NZ and currently sits with a NZ provider. 

All this could have been sorted out over a cup of tea, instead they brought lawyers in and that has pissed me off.

AB



A cup of tea? No I don't so. They obviously didn't think the "value" you put on the domains was reasonable, and I have my own doubts about this as well. 

They didn't try to "bully" you, they offered you a sum of money well in excess of the value of the domain name registration as a counter offer to your version of the value and they likely felt they had no way to come to a non legal conclusion. 

You have put yourself in this position. 

I'd say the best you could do is go back to them admit you didn't handle it well, ask them if the offer of $500 is still available and if it is, consider yourself fortunate. 






Thank you for your comments, but it could have been sorted out over a cup of tea. You are wrong.
It is a tricky situation which should never have eventuated, I admit my initial offer was high but that is because the initial amount I was offered was so low.

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  Reply # 778863 12-Mar-2013 22:18
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AnfieldBoy: [snip]
Thank you for your comments, but it could have been sorted out over a cup of tea. You are wrong.
It is a tricky situation which should never have eventuated, I admit my initial offer was high but that is because the initial amount I was offered was so low.


That's not what you said. You said...

 Initially they contacted me personally, they are a commercial entity so I put a commercial worth on the sites. No further negotiation was entered into, next thing I know I receive a lawyers letter offering me $500


So either you left out a salient point that they offered you an amount BEFORE you put a commercial worth on the sites, or you're being a bit revisionist with your story.

Cheers - N


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  Reply # 778865 12-Mar-2013 22:23
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Thank you for your comments, but it could have been sorted out over a cup of tea. You are wrong.
It is a tricky situation which should never have eventuated, I admit my initial offer was high but that is because the initial amount I was offered was so low.


Not really. If you wanted to resolve it over a cup of tea, that would have been the next move over their offer would have been to say "I feel the domain has more value than that, I'd like to come to an arrangement that works for us both, could we meet over coffee?" Nothing I've seen you write indicates that the offer you put forward was a reflection of their "low" offer to you. I don't think $500 was that low, perhaps if you had to rebrand etc, that could have been a way to start. Were you hoping to make some quick cash.

As I said, best bet right now, is to eat some humble pie and see if you can get something from them.

Though to be fair, you haven't given them a lot of motivation to play nice.



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  Reply # 778871 12-Mar-2013 22:31
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It sounds like the OP was trying to sell them both their 'websites' as well as the domain name, as they said their 'site' was worth more, but it sounds like the company only wanted the domain. So that may be were the discrepancy in 'value' is. So $500 was just for the domain. The website isn't really related to the domain name.

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  Reply # 778888 13-Mar-2013 00:13
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I registered trademe.net.nz back in 2004 and they offered me $500 which I accepted, after they threatened me with lawyers. What got their attention was the fact I had redirected it to a competing auction site for a bit of a joke. I still got their letters complete with sams signature.

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  Reply # 778911 13-Mar-2013 08:01
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gareth41: I registered trademe.net.nz back in 2004 and they offered me $500 which I accepted, after they threatened me with lawyers. What got their attention was the fact I had redirected it to a competing auction site for a bit of a joke. I still got their letters complete with sams signature.


You extorted your own son !? Wink

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  Reply # 778914 13-Mar-2013 08:19
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gareth41: I registered trademe.net.nz back in 2004 and they offered me $500 which I accepted, after they threatened me with lawyers. What got their attention was the fact I had redirected it to a competing auction site for a bit of a joke. I still got their letters complete with sams signature.


This is clearly a case of trademark violation. You had a domain name that was their trademark and directed traffic to a competing service in the same line of business. They would be in their right to go all lawyered up on you if they wanted.





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