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Get an email from the previous domain owner..what should I do?

Discussion in 'Domain Names & Parking' started by zFila, Sep 23, 2008.

  1. zFila

    zFila Newbie

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    Hi there..

    I grabbed one dropped domain name a few month ago. Today I got an email from that company saying they lost an access to the site because it was registered by an IT firm that has closed down and they want their domain back.

    I parked some domains on sedo and there was a similar case before but that guy just offered me $$$ via sedo to get his domain back.

    What should I do on this case? By law, do I have to give the domain name back?

    Thank you very much
    Fil
     
  2. justthinking

    justthinking BANNED BANNED

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    Tell them to go pound sand....unless you want to sell it. I hope the domain doesn't have their trademark or copyright in it... if it does, just get the most you can for it. And run away.
     
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  3. DrJekyll

    DrJekyll Senior Member Premium Member

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    When asking law questions see a lawyer.

    you can ask what we would do.

    If it does not infringe on copyright name, keep it if you want.

    If you think they can wrestle it from you because of trademark, sell
     
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  4. zFila

    zFila Newbie

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    Thanks guys. The domain name is their company's name. :D I'd like to sell it but they didn't offer anything. (not even my first year reg fee ). Just asked me to assist them to move the domain to their name.
     
  5. razohad

    razohad Jr. VIP Jr. VIP Premium Member

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    if you want to keep it tell them to f*#$ off, is legally registered to you,
    or you can milk them dry and sell it to them for as much as you can !

    your are the rightful owner now!
     
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  6. zFila

    zFila Newbie

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    Both domains are surname+common words dot com something like SmithComputerStore.com (not that name)

    I sold the first domain to the previous owner who is an attorney (the domain is his law company name) He is an attorney but didn't even bother to get it back for free. He offered me a few hundred bucks. (I didn't know it was him until he put his site back lol should have asked for more money.) I think I could make some money from this one. They sure will have to pay more to go thru a legal process to get it back.

    Fil
     
  7. dvdcowboy

    dvdcowboy Junior Member

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    I like the "Tell them to pound sand" mentality. If a company does not enforce its trademark, the trademark is null. They let the domain expire, due to neglect.

    Register a corp with the same name but make it a advertising or seo company or something (eg. Widgets SEO corp). As long as the brand is distinct from their's they have no recourse.

    Either way, I would offer to sell it for 75k and go from there. If they are really being asses, upload some pics of tub girl or have it redirect to a good Rick Roll.
     
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  8. centerpoint

    centerpoint Junior Member

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    If you have no plans for the name I would try and sell it back to them.
    Tell them that you have plans to develop the name, but would consider a reasonable offer.
    Let them make the first off and negotiate from there
     
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  9. Jimmyvee

    Jimmyvee Jr. VIP Jr. VIP Premium Member

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    You are the one that needs to bring up the issue of buying it back from you. They will never come right out and say I'll give you X of amount for the name. Let the negotiations begin!!
     
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  10. zFila

    zFila Newbie

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    Thanks for all recommendations guys!

    I'm getting an email out to them now.

    One thing what is the best way to sell the domain name if they contact you like this? just tell them to make an offer via sedo or is there any other way that is safe and cheaper?

    Thanks
    Fil
     
    Last edited: Sep 24, 2008
  11. simo

    simo Junior Member

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    tellt hem that too - say look its gonna cost you at least x to fight this in court
    ill offer it to you for x minus 5 dollars to save you the hassle and then stand firm
    possesion as they say is 9/10ths the law
     
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  12. SlowNsteady

    SlowNsteady Registered Member

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    I wouldn't mention anything having to do with legal. They know it's going to cost a ton if they want it back. I think it's 1k just to file and assign arbitrators to a case for the WIPO.
    If the site is parked and not infringing and stealing their would be business, come up with a nice fake business model.

    Let them know there is a bottom line, but don't disclose it. Remember that you've invested money on the logo design, site development and print ads. You should also include the cost you incur for delaying the launch.

    If it's a mom and pop shop, don't even bother fluffing it too much, chances are they aren't going to cough up more than a couple of g if you're lucky.
     
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  13. davidson

    davidson Registered Member

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    I tend to agree with the "sell it back" to them consensus. A company name does not necessarily equal a trademark or servicemark. But, be very careful if it is trademarked as you will probably lose your case.

    On the other hand, you followed the process for registering the domain name correctly and they made a mistake. Their mistake should be your game.

    Oh ... I'm not a lawyer, but I have played one on TV.
     
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  14. zFila

    zFila Newbie

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    Thanks again guys.

    Davidson - I got the domain from TDNAM. I also just found out that there is another different company with similar name they just changed the end of the name from "Network" to "Group"...I wouldn't be worried much about the law..I'm in Oz and if I lose I just give the domain name back...and like I said before, even the lawyer didn't go thru such process and offered me $$ in stead

    SlowNsteady - The company is something about real estate development and the website has been since 2003 (from archive.org) so I think it should be worth something. I'm happy with a few g as I only spent less than $15 in TDNAM

    simo - It might be my last option...from the sound in the email, they dont know much about an internet and domain name business.

    Thanks again guys..I will update :)
    Fil
     
  15. 2 4 k

    2 4 k Junior Member

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    Common sense must prevail, run the numbers and see what its worth to you and then multiply that figure by 2.5 and say this is how much they can have it for with a free 2 yr extension. Just make up some excuse that you have already invested time and money to develop this and to be fair you would like to be compensated.. but the other points about copyright issues should not be taken lightly.. a simple appeal to the WIPO which is free to do for copyright holders and you could lose everything, just dont be too greedy and get some fast cash.
     
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  16. karum

    karum Jr. VIP Jr. VIP Premium Member

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    Try to learn the financial standing of the firm. You can sell the domain to a 4-5 maybe 6 digit $$$$ :)
    Don't think less then 4 digit number money ;)
     
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  17. secretboy08

    secretboy08 Jr. VIP Jr. VIP

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    if their is a trademark in the domain then take as much money as they are giving you quietly.
    if not then the domain is urs and u r the master and u hav to decide to sell or not.
     
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  18. mikie46

    mikie46 Jr. VIP Jr. VIP

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    YOu better be real careful. If its a registered company a company brand or something like that accepting money from the company or setting your own price and selling it back is called "Cybersquatting". Do not accept money from this company and do not offer to sell it for more or less money. The moment you do that your in big trouble. How do you know if they are simply not testing you? See a lawyer if you can afford one.
     
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  19. BuzzKill

    BuzzKill Executive VIP

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    Don't fire the first shot. There is no reason to tell someone to fuck off, or "try to take it from me". Its probably easier for them to pay for it if possible. I would simply say that you would like to work out an arrangement that benefits you both. If in fact the name is considered a trademark and you hold it for ransom and be an asshole about it - you will lose it and you will lose money for your lawyer as well if you let it go that far.

    My friend used to do that with movie sequel domains, he learned a hard lesson.

    For what its worth, I know for a fact this tactic works. I represent several large corporate clients and they always pony up for the cash before getting lawyers involved. Its the difference between getting it now and dragging it out for months while the domain name changes hands, hosts, and registrars..not worth it.
     
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    Last edited: Sep 24, 2008
  20. billygood

    billygood Senior Member

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    I just wanted to add my 2 cents into this.

    Real estate firms most likely have a service mark but not a trade mark. Now developers sometimes have a trademark to brand there development business.

    I would be gentle with them since they have lawyers on their team, but yo should be able to get at least 1000 for it.

    if you would like, I could price it out for you due to my knowledge of the developers out their and how deep the pockets are.

    might be a good steal.

    billygood
     
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