Please advice regarding UDRP

[anf]

Hi, I received UDRP complaint agaist one of my domains.
The domain consists of two keywords, the first keyword is a trademark belonging to the complainant.
I have compiled a response to the complaint, officially sent it.
The penalist has been appointed.
Now, I got contacted by the complainant lawyer (the same lawyer represents the complainant at the UDRP proceedings).
He wants to cancel the proceedings and to buy the domain.
Assuming, theoretically, that I agree too sell the domain, can it be considered to be a bad faith?
Thanks!

P.S. The lawyer wants to sign a paper, containig something like this (shortened version)

The Parties hereby request that the Administrative Proceeding for the above
referenced Complaint be Stayed for a one-time period of forty-five (45) days
pursuant to UDRP Supp Rule 6(b).
If this matter is not settled and no request to continue the Administrative Proceeding is received
by the FORUM on or before DATE, the parties hereby request that the Complaint be
withdrawn and the claim dismissed without prejudice. Supp Rule 6(b)

 

[Gabriel360]

Sounds like an intimidation tactic by the complainant and their lawyers.

The point of the UDRP is to give them a leverage in the negotiation process. Give it to us cheap or we'll take it by force.

I'd disregard the offer. Keep quiet and don't respond to their lawyer. Or to the complainant.

By the way, is the domain name in the format of FacebookGig.com or FaceGig.com?

 

[SixFigures.ltd]

@jberryhill

 

[BaileyUK]

Well, first of all the domain purchase cannot be legally referred to as being in bad faith. It's an accusation and belief only, until proved. So if you settle prior to the case, it can only remain as such. Any of your domains can be held-up as examples of potential bad-faith and continuing behaviour. down to a panel to decide if it's relevant

I personally wouldn't be concerned by the wording chosen by the complainant. However I would want some indicator of the 'Offer to purchase price' first. I don't see the point of going down any sort of willingness to play ball if the offer were just reimbursement of registration plus a small consideration of costs.

I'm interested in what the name is given this apparent willingness to back-off. Is that first word something also considered to be Generic ?

Added - I do agree with the above post about 'leverage' in most instances
you need to judge, Do you think it's infringing ? What was your Motive for registering in the first place ?

 

[anf]

It's a brandable domain, typical of brandbucket with low X,XXX retail price.
It was listed with the the low X,XXX BIN. They knew about the price (the screenshot with the price is in the UDRP materials).
I don't know why the decided to UDRP instead of just buying it.
Anyway, I would not mind to settle, since they offered the BIN.
The question is, if that would constitude a bad faith.

 

[Gabriel360]

Well, first of all the domain purchase cannot be legally referred to as being in bad faith. It's an accusation and belief only, until proved. So if you settle prior to the case, it can only remain as such. Any of your domains can be held-up as examples of potential bad-faith as examples of continuing behaviour. down to a panel to decide if it's relevant

I personally wouldn't be concerned the wording chosen by the complainant. However I would want some indicator of the 'Offer to purchase price' first. I don't see the point of going down any sort of willingness to play ball if the offer were just reimbursement of registration plus a small consideration of costs.

I'm interested in what the name is given this apparent willingness to back-off. Is that first word something also considered to be Generic ?

No one who initiates a UDRP before making an offer has a good intention. The UDRP is being weaponized as a shady negotiation tactic.

Offer will definitely be ridiculous.

 

[Gabriel360]

It's a brandable domain, typical of brandbucket with low X,XXX retail price.
It was listed with the the low X,XXX BIN. They knew about the price (the screenshot with the price is in the UDRP materials).
I don't know why the decided to UDRP instead of just buying it.
Anyway, I would not mind to settle, since they offered the BIN.
The question is, if that would constitude a bad faith.

It's obviously a trap.

Why spend money on a UDRP just to "offer" the BIN?

Also if they are ready to "offer" the BIN, why do they need a written agreement from you instead of just hitting the BIN?

Ignore the offer and focus on winning the UDRP. If you have the money, consider consulting @jberryhill

 

[anf]

Well, first of all the domain purchase cannot be legally referred to as being in bad faith. It's an accusation and belief only, until proved. So if you settle prior to the case, it can only remain as such. Any of your domains can be held-up as examples of potential bad-faith and continuing behaviour. down to a panel to decide if it's relevant

I personally wouldn't be concerned the wording chosen by the complainant. However I would want some indicator of the 'Offer to purchase price' first. I don't see the point of going down any sort of willingness to play ball if the offer were just reimbursement of registration plus a small consideration of costs.

I'm interested in what the name is given this apparent willingness to back-off. Is that first word something also considered to be Generic ?

The first word is not exactly dictioanary word, but shortening of a dictionary word, like Cogni(shortage of cognitive). There are multiple trademarks/websites using this shortage + general keyword (like CogniPoint.com)

 

[anf]

Why spend money on a UDRP just to "offer" the BIN?

May be they were impressed my Response?

 

[Gabriel360]

The first word is not exactly dictioanary word, but shortening of a dictionary word, like Cogni(shortage of cognitive). There are multiple trademarks/websites using this shortage + general keyword (like CogniPoint.com)

Some questions:
1. When did you acquire the domain name?

2. When did they start their business?

3.When did they file a trademark?

 

[anf]

It's obviously a trap.

Also if they are ready to "offer" the BIN, why do they need a written agreement from you instead of just hitting the BIN?

That's my concern as well. That's not a great name, just low X,XXX brandable which I got for typical reseller brandable price.

 

[Gabriel360]

May be they were impressed my Response?

They weren't.

 

[BaileyUK]

Take the BIN, (now you've told us that has been offered) you've arrived at what you wanted, well done. Don't worry about the name coming back as a reference to bad faith. It's not going to happen. The case was never heard, No judgement made.

I do agree with you, they seem to have been in two minds. I'm never sure why domainers always think a complainant always knows what they are doing from the outset.

They probably received an assessment of overall costs from their lawyer and thought what the f*ck are we doing. Also maybe an over keen lawyer who was keen to spur them on, We'll never know.

 

[DomainRecap]

This happens all the time and the company obviously thought there would be no response and they could just walk in, give a secret handshake to the panelist and steal your domain.

Now that you've responded, their plan doesn't look so foolproof and rather than risk a RDNH ruling they suddenly want to buy it, and there is no harm in asking the price.

Then again, I would not be signing any "delay of proceedings" until they give you a firm price, as then it looks like a stalling tactic on their behalf. Oh, and keep all the correspondence in case things go south.

 

[draco]

You already listed it for sale. I'm not sure how them offering to buy it at the listed price would be considered further bad faith, if your domain is infringing.

Asking for more money would be a bad idea.

Also, ask yourself, do they already have a strong case? Imagine the difference between Apple going after ApplePie.com and AppleComputer.com. Maybe they're not sure how strong their case is, so they want to buy it.

Not a lawyer. Not legal advice.

 

[BaileyUK]

We can all see now this was really just a simple question.

Can a 'withdrawn' complaint be used as an example of Bad-Faith ? Unfortunately the OP left so many unanswered questions that we all piped-in.

Well, the simple answer is, any of your domains can be given/quoted as examples (accusation only) of bad faith at anytime. So don't worry about it. You've sold this one, so I very much doubt it's ever coming back to haunt you. The only reason they wanted you to sign was to stop you changing your mind and backing out of the agreed sale.

OP you need to grow a tougher skin, if you gonna survive in this game. But, Well done for standing your ground and giving a response to the UDRP

 

[anf]

We can all see now this was really just a simple question.

Can a 'withdrawn' complaint be used as an example of Bad-Faith ? Unfortunately the OP left so many unanswered questions that we all piped-in.

Well, the simple answer is, any of your domains can be given/quoted as examples (accusations) of bad faith at anytime. So don't worry about it. You've sold this one, so I very much doubt it's ever coming back to haunt you.

OP you need to grow a tougher skin, if you gonna survive in this game

I appologize if I did not give all the required information right away. My bad. A'm OK with selling for BIN price since it's typical brandable domain, my only worries are legal issues.

Thank you everyone for the replies.

 

[BaileyUK]

Just bare in mind , All domain Sales are legal contracts, Don't sweat over the the concluded/fulfilled ones. Put them to bed

 

[DomainRecap]

A'm OK with selling for BIN price since it's typical brandable domain, my only worries are legal issues.

Once the agreement is reached between the Complainant and the Respondent, it's like the UDRP never existed.

Good luck!

 

[algofox]

If it was for me, I might add RoST tax in addition to the BIN. *Return on stress taken! ; )

 

[Leo2k]

If your domain was registered before their trademark/business and didn't infringe the trademark or there is no reason to be believe that the domain was registered in bad faith, it will just be a Reverse domain name highjacking.

Even if it's not but for other reasons they believe that they can't win the case after seeing your response, to withdraw the udrp case they need to settle with you. They can't just withdraw it themselves now. Probably that's the reason they are asking you to sign the paper.
You can check how much @jberryhill charges for the consultation and better proceed to sell the name to them and then sign the paper after legal consultation.
Just my opinion.