Discussion:
What is the name of your state? Texas
I have a weird situation and I don’t really know how to handle it. So, I guess what I need is advice on how to proceed.
I wanted to buy a certain domain name but it was unavailable and for sale by at SEDO.com. As I decided on a decent amount to offer for the domain name, I went ahead with my website plan and bought a version of the domain name with a hyphen to get started.
I made an offer for the domain name thru SEDO. The seller made a counter offer. I accepted the counter offer. The offer came back rejected because the seller sold it to someone else even though I accepted the counter offer.
I contacted SEDO, they agreed that the seller broke a binding contract and gave me the seller’s info in the United Kingdom to proceed with legal action, BUT the domain had already been sold to someone else and they can’t do anything about that.
I got a little upset and decided that I would register a trademark so the witch couldn’t use the domain name. (Childish, huh?)
A day later I’m a little more composed and I’m thinking I STILL want the domain name and I want to use it and I wouldn’t even mind paying the new owner of the domain name a little extra than they paid, because it’s not really their fault.

So, I’m thinking I should contact this new owner and explain this, but I don’t want to get ripped for an amount that isn’t fair and I also don’t want to irritate the person and risk getting sued for harassment. Should I get a letter prepared by an attorney to contact the new owner of the domain name I want or do I just email the owner myself?
Do I have a leg to stand on with a trademark being registered if they refuse to sell it to me? Just looking for some advice.
Thanks in advance.
Michele
Answer:
So, I’m thinking I should contact this new owner and explain this, but I don’t want to get ripped for an amount that isn’t fair and I also don’t want to irritate the person and risk getting sued for harassment. Should I get a letter prepared by an attorney to contact the new owner of the domain name I want or do I just email the owner myself? I would think a letter from an attorney would be more irritating and demanding than a letter from an individual. As far as not getting ripped off, as long as you don't pay more than you think is fair, how can you get ripped off? Remember, though, the other person has no obligation to sell you the domain at any price.
Do I have a leg to stand on with a trademark being registered if they refuse to sell it to me? No, because the domain would have been purchased prior to your registration of the trademark.
Answer:
I got a little upset and decided that I would register a trademark so the witch couldn’t use the domain name. (Childish, huh?) A trademark isn't necessarily a magic wand to wave against domain owners. I
can give you numerous "cases" where trademark holders lost.
So, I’m thinking I should contact this new owner and explain this, but I don’t want to get ripped for an amount that isn’t fair and I also don’t want to irritate the person and risk getting sued for harassment. Should I get a letter prepared by an attorney to contact the new owner of the domain name I want or do I just email the owner myself? Take your pick, do it yourself or have an attorney do it for you. If you choose
the latter, make sure you get one who's well-versed in these things.
If the new owner says "Not interested" or you can't meet his/her price, then
that's it. Unless you can prove trademark rights and all, then there's nothing
more you can do, and no one's obligated to do anything for you.