Domain Names and Cybersquatting

I work in a office with many other companies. Last month one of the companies was explaining how they were trying to acquire a web domain from another individual but had no luck. I introduced myself and said I was a good negotiator and I would be happy to negotiate the domain on their behalf. We agreed upon $11,500 to acquire the domain. Meaning, regardless of what it cost me to get the domain, they would pay $11,500.

I wrote them an email to confirm our meeting to which they never responded. This is the email I sent word for word:

"Hey David,
I want to get XXXXXXXXXXXX.com for you. Can we agree on $11,500 for me to obtain the website for you? The difference will be my profit. Does that sound fair?"

5 days later they responded, changing their mind:

"We are not interested in the domain anymore. It's worth $0 to us"

I decided to still purchase the domain and I currently own it. A few days ago they asked me to give them the domain. They said if I didn't that I was guilty of cybersquatting and that my email was their proof.

One last bit of information. Their trademark is exactly my domain:

I.E. Their company name is Fat Huskies, the domain I bought is FatHuskies.com
The site is currently displaying a Youtube video as a tribute site to a movie character.

Am I cybersquatting?

Yes. You acquired the domain for no good faith reason other than to try to sell it to the company whose name or trademark is the essentially the domain name. If they push the issue, they will almost certainly be awarded the domain in a UDRP.

Good to know. I have already protected myself against that and "sold" it to a friend of mine. The website is currently under his name. Now is there any way to prove that any cybersquatting is taking place?

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Quoting Film5280

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Good to know. I have already protected myself against that and "sold" it to a friend of mine. The website is currently under his name. Now is there any way to prove that any cybersquatting is taking place?

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so your friend is now going to attempt to sell it to them at a healthy profit?

you have to understand that since the domain name is in fact identical their trademark, it gives them a "leg up" on forcing anybody sitting on the name to relinquish it. Since you or your friend has no connection to the mark, he has no valid use for it.


this is from Nolo.com
http://www.nolo.com/legal-encycloped...-be-29778.html

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Using the ICANN Procedure

In 1999, ICANN adopted and began implementing the Uniform Domain Name Dispute Resolution Policy (UDNDRP), a policy for resolution of domain name disputes. This international policy results in an arbitration of the dispute, not litigation. An action can be brought by any person who complains (referred to by ICANN as the "complainant") that:

• a domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights
• the domain name owner has no rights or legitimate interests in the domain name, and
• the domain name has been registered and is being used in bad faith.

All of these elements must be established in order for the complainant to prevail. If the complainant prevails, the domain name will be canceled or transferred to the complainant. However, financial remedies are not available under the UDNDRP. Information about initiating a complaint is provided at the ICANN website.
Suing Under the ACPA

The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.
In order to stop a cybersquatter, the trademark owner must prove all of the following:

• the domain name registrant had a bad-faith intent to profit from the trademark
• the trademark was distinctive at the time the domain name was first registered
• the domain name is identical or confusingly similar to the trademark, and
• the trademark qualifies for protection under federal trademark laws -- that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.

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Realistically I spent a pretty penny to obtain the site and keep it maintained. The name of the domain for example is fathuskies.com. The youtube video on the website is a parody of video of fat husikies doing a husky dance. The website has no correlation to their company, no logos, no profit or anything else that can be confused with the company Fat Huskies.

What do I want? I want the money promised before I invested my time and money. If that is not going to happen then they will never get the website.

Now do you think they can still get the website from me?

We don't have the information necessary to answer that, beyond telling you that your shell game won't work. You have no claim for compensation for a domain you have supposedly given away.

Beyond that, talk to your trademark lawyer.

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The website has no correlation to their company,

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well, yes it does. It is identical to their trademark.

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no logos, no profit or anything else that can be confused with the company Fat Huskies.

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except fat huskies which is their trademarked name.

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What do I want? I want the money promised before I invested my time and money.

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money you were promised? In your letter to them you clearly state there was no agreement for them to purchase it from you, at least at the $11,500 number:

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"Hey David,
I want to get XXXXXXXXXXXX.com for you. Can we agree on $11,500 for me to obtain the website for you?

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CAN WE AGREE ON THE $11,500?

see, there was no contract, no agreement, no meeting of the minds.

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If that is not going to happen then they will never get the website.

Now do you think they can still get the website from me?

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if they really want it; yes.

above all else, the only reason you purchase it was to resell it to them. You have no valid argument to retain the site and when going through a

JK if what you're saying is true then please explain this:

2 years ago someone from the Dallas Cowboys forgot to renew Cowboys.com. It was bought and turned it into a gay dating site for coybows. As you can clearly see they still own the web domain but have taken down the dating service. They are "selling the website for no less than $10,000"

That's not cybersquatting?

You're telling me if someone buys a domain and I want to acquire it all I have to do is make a trademark with that name and ICANN will hand it over. That doesn't sound very logical.

My friend, a third party who has never had any contact with the company wants it as a tribute site. He's using it for his personal blog dedicated to Fat Huskies (as in the animal not company). You're telling me they still have rights to the website?

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Quoting Mr. Knowitall

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We don't have the information necessary to answer that, beyond telling you that your shell game won't work. You have no claim for compensation for a domain you have supposedly given away.

Beyond that, talk to your trademark lawyer.

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I 100% understand I don't have any legal rights to the money. I'm not trying to sell it to them... at least not right now anyway.

Remember this is a cybersquatting question, not breach of contract. I want to make sure they can't get it for cybersquatting. Am I protected for taking the steps I did?

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Remember this is a cybersquatting question, not breach of contract. I want to make sure they can't get it for cybersquatting. Am I protected for taking the steps I did?

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you don't own it, at least that is what you said so nothing is relevant to you.

I don't own it but I do own it. I have access to it because it's under a separate account and under a friends name. I don't see how they can prove it's cybersquatting. I thought someone would know the answer but this all seems like speculation.

Let's try this again:

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Quoting Mr. Knowitall

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We don't have the information necessary to answer that, beyond telling you that your shell game won't work. You have no claim for compensation for a domain you have supposedly given away.

Beyond that, talk to your trademark lawyer.

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