Brand domain ownership and C&D

[tpwpny]

Jurisdiction

New York

A couple years ago I bought several forms of a domain name that contains the name of a (now-)popular electronics brand. At the time they had a known product but no major ad campaign, etc. as they do now.

Intention was not harmful nor competitive- only intention was a possible forum site (online gathering place) for users of the brand. Hence the domain "(brand)forums.com" (and ".net," ".org," etc.)

I received a Cease and Desist form letter email ("To Whom It May Concern") from the brand a couple days ago, along with threats of legal action.

Despite their assumption to the contrary, no site has been established for these domains. No content placed under it, and the domains have been dormant (parked.) No money has been made.

What are my options? I don't want to cause conflict and don't want to pursue action.

Should I contact them per their request?

Is this an overture by them to try and buy the domains under the guise of trying to just muscle the URLs away from me?

Can I contact them to negotiate a very reasonable sale of the domains to them?

They wouldn't seem to have an infringement case since I have not used the domains and the domain names are for a forum - no commercial gain has been nor was intended to be made.

 

[army judge]

Why you bought the domain names is none of their business.
What you did involved foresight, boldness, and risk.
Before you reach out to them, I suggest you discuss your options with an attorney you trust.
Eventually you'll need an attorney acquainted with trademark or brand issues.
Anyway, have a general discussion with an attorney before you do anything.

As I see your options, the C& D doesn't apply to you.
But before you cause unnecessary commotion, make sure you know your legal options.
Your ownership of those domains is of some value to someone.
You might not be sitting on the mother lode, but you might have a couple nice nuggets.
Just take it slow and easy.