I'm faced with a conundrum

[mirecart]

Hi All,
I picked up a .com.au domain recently, which I then found out it belonged to a company which has been in a $5 million liquidation for the past 4 years. It turns out the company had paid a local Australian registrant to renew the domain but they failed to renew the domain in time.

Now the liquidators are blaming the registrant and the registrant are blaming the liquidators for not paying on time, and now both are trying to work out how to get the domain back given its required for them to finish their liquidation.

Has anyone been in a situation like this before. ???

 

[Scott7]

Hi All,
I picked up a .com.au domain recently, which I then found out it belonged to a company which has been in a $5 million liquidation for the past 4 years.

Is the domain a generic word or an obvious trademark?

 

[Joel]

.

 

[Joel]

Has anyone been in a situation like this before. ???

Not quite the same, I've been involved with domains owned by liquidated companies that were not sold to pay creditors (pretty common) and let drop.

Have they contacted you? Do they have a trademark? If you need advice, contact Erhan from Cooper Mills (click the logo on the right of the screen!).

 

[mirecart]

Is the domain a generic word or an obvious trademark?

its descriptive with two words which describe a popular coastal infrastructure. I might add i also picked up 3 other domains to secure a portfolio of those names with and without hyphens, as well as the .net.au counterparts.

 

[mirecart]

Not quite the same, I've been involved with domains owned by liquidated companies that were not sold to pay creditors (pretty common) and let drop.

Have they contacted you? Do they have a trademark? If you need advice, contact Erhan from Cooper Mills (click the logo on the right of the screen!).

I've spoken in brief to someone from the liquidators team who advised that the liquidators had paid the registrant, but the registrant failed to renew the domain in time, and from what I've searched its not a current or past TM

 

[Cooper Mills DomainLawyer]

Hi All,
I picked up a .com.au domain recently, which I then found out it belonged to a company which has been in a $5 million liquidation for the past 4 years. It turns out the company had paid a local Australian registrant to renew the domain but they failed to renew the domain in time.

Now the liquidators are blaming the registrant and the registrant are blaming the liquidators for not paying on time, and now both are trying to work out how to get the domain back given its required for them to finish their liquidation.

Has anyone been in a situation like this before. ???

As the guys asked above, is there a trademark ? If not, provided you comply with auDA Policy to hold the domain, then you are most likely to be free to do as you please. If you don't really need it, you may just give it to the liquidator once they pay your out of pocket expenses, or negotiate some other commercial outcome.
This commonly happens, I actually did a presentation to partners from a large insolvency firm not long ago, about domain names and the fact that they are valuable. What hit me was the total lack of knowledge from liquidators about domain names

 

[snoopy]

Personally I'd try to sell it to them and if that doesn't work forget about them. I do doubt that the liquidator is going to buy the name though, they are there to sell everything, not buy!

 

[mirecart]

As the guys asked above, is there a trademark ? If not, provided you comply with auDA Policy to hold the domain, then you are most likely to be free to do as you please. If you don't really need it, you may just give it to the liquidator once they pay your out of pocket expenses, or negotiate some other commercial outcome.
This commonly happens, I actually did a presentation to partners from a large insolvency firm not long ago, about domain names and the fact that they are valuable. What hit me was the total lack of knowledge from liquidators about domain names

No trademark that I can find. I have bought a domain called www.gulfpointmarina.com.au which i'm building as a directory for small business within that area. the domain in question is actually located here so i can use the domain as a part of this platform, but i've been advised they really want it back.
I guess its just about how much and which of them has to pay it, both are arguing the other is at fault, yet the creditors just want the site back so they can continue to obtain revenue for the liquidation.

 

[mirecart]

Personally I'd try to sell it to them and if that doesn't work forget about them. I do doubt that the liquidator is going to buy the name though, they are there to sell everything, not buy!

My only issue with just contacting them and want a figure is it puts me straight up for domain squatting, which is not the case.

 

[Rhythm]

Best to use an intermediary i.e. Lawyer, CooperMills.

 

[mirecart]

Best to use an intermediary i.e. Lawyer, CooperMills.

Would they act as an intermediary and would it be fee or % based

 

[snoopy]

My only issue with just contacting them and want a figure is it puts me straight up for domain squatting, which is not the case.

I don't think it puts you "straight up for domain squatting". If you want to get sales that does involve some risk. Re using lawyers if people did that every time they got an inquiry they'd end up broke. Use them when there is an actual dispute.

My gut feeling is that they aren't going to pay anything for it anyway so I wouldn't be sinking money into this..