Domain name trademark infringement court case cost for £mm brand?

Hello there, I hope someone out there is knowledgeable enough to give me a fairly accurate answer on this important query I have.

I own several domain names that are the direct .com extension of registered trademarks I do not own. For example, if the trademark was 'Product Name', I own several domains that are www.productname.com.

I am in the very early stages of negotiations with a very well known profitable brand over them acquiring one of these domain names to which they own the trademark. I've submitted my initial offer, which was very fair considering the current revenue, but as expected I've been advised by the negotiations middle man (who doesn't make decisions and is purely advising) that my price is higher than it would cost for them to pursue the domain as a copyright infringement in court.

Naturally, I don't want to get involved in a court case, and I'm sure it would be a whole lot less of a hassle if they could avoid it too. If I need to respond with a counter-offer, I want it to be around the potential costs a firm like this would incur by pursuing it in court, to make my offer more appealing than taking legal action.

So my question is, how much money would it cost a multi million pound brand to pursue a domain name trademark infringement court case like this?

Any advice would be really appreciated! Thank you!

3 Answers

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  • 1 decade ago
    Favorite Answer

    "how much money would it cost a multi million pound brand to pursue a domain name trademark infringement court case like this?"

    Next to nothing. The 'cybersquatting' laws are clear and unequivocal, and a court case would be quick and easy and would be easily handled by in-house counsel.

    The potential loss to the corporation of not having the use of the domain for the time period that they have to wait for a court date is going to be far higher than the actual cost of litigation.

    Of course, *in theory* the company will be able to recover their losses from you as damages if they go to court, but in reality I'm sure they recognize that you probably just don't have that much anyway - they could totally impoverish you, and it wouldn't cover their lost revenue.

    Richard

  • JZD
    Lv 7
    1 decade ago

    The previous answer is a good one.

    Cyber-squatting laws are well developed and in terms of hassle for the mm company, there isn't any.

    They have unlimited resources, lots of legal advice and if they win, you pay the costs anyway.

    It's lots of hassle for you, and you have no way of contesting such a matter without the benefit of specialist legal advice. Without the backing of such specialists you are a lamb to the slaughter. You have no idea of the value of the thing you hold, your chances of retaining title to it or anything else.

    My advice: you would not try toi diagnose the growth or your neck or perform your own surgical operation: don't think you can argue the pros and cons of your position without a lawyer and do not imagine for one moment that any organisation would hesitate for a moment to sue your a55 if you do not give them what they want.

    Source(s): I'm a lawyer
  • 1 decade ago

    You're (scared) folding too soon, wait for the court date, then drop the price.

    I assume you have porn or similar on the site now, to encourage them to get control

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