Nice post Sarah, however as we'd say if formal qualified marketing circles, "bullshit braffles brains"...
Personally, i wouldnt have read past the opening paragraph but it seems to have worked for you in this instance.
I dont really subscribe to your numerous example of previous sales as a demonstration of value for your name and you, your buyer and the rest of the humanoid speaking world would know that anything is only as valuable as the price someone wants to pay it.
However, as a member of the institute of marketing and as someone with a 1st class degree in the same subject I wouldnt hold out much hope for this type of approach working in the other 99.9% of the time.
ok the letters written but when emailing do you think its best to:
** "set a price" , i.e. the asking price is XXX, please make an (any?) offer....
** simply say "The sale is now open to offers." or
** say that someone else is willing to pay XXX (which in my case they are) and to say please make an offer above this amount
Hey, guys, I have a nice domain xxxxx.xxx which I would like you to buy. I dont know why you need it but you no doubt need it. C'mon, buy it now until I try bother someone else.
I need help with replying to offers on my domains. What is the best way to reply to a low offer? How do I nicely reply with a more realistic price ?
Thanks in advance.
First it depend how much lower it is the offer.
If it is too much lower I would reply simply that, too far from a reasonable price, I would also wait for the reaction, you may discover that the person was not really interested or it simply has no idea, or even more that it is a speculator....
If the offer it is not so much lower I would reply with a counteroffer, a little higher, and I will add it is negotiable , if the buyer it is serious you will go to sell it near your asking price. IMHO
__________________ www.genialnames.com Mostly developable Domain Names...because the name says it all! Olympionic.com it's mine, it could be your!
Hello,
I am XXXX cCCC, owner of the web domain: www.Batter.biz
I am currently offering this domain "for sale". Domains are growing in value each year. For your Info take a look at the last sales on the official site http://www.dnjournal.com/domainsales.htm
Should your organization, have interest in acquiring this domain, please feel free to contact me. Make me a offer!
I believe that this business domain is more useful for your organization than me. So, if you are interested in buying this domain please contact me.
PS: I am sorry this letter is without a recipient, but this is an important and rare opportunity for your business and you should pass this onto the person responsible for gaining new business for your organisation
I have a domain in my posession that is doing real well, however it is in the wrong hands.
I am a website designer and web host that purchased a domain name for a client some time ago. The client had me partially develop the domain and since then I haven't heard from the client.
If you search google for the term "Valuable realty" you can see this domain in #3 position on the first page. Unfortunately I'm not a realtor to reap the benifits of this great potential.
In the same search I seen that you are local to me and listed on page XX. I have a few offers on this domain from companies in Arizona and California. I have also entertained the idea of listing this domain on greatdomains.com as it has the potential of bringing me a 7 figure sales number.
My reasoning for contacting you is I see that you are local to me and can use this domain. I'm sure as the domain is sitting in the number 3 slot on google now that if I build a web site for you and keep the domain hosted with my company I can obtain even better results with google.
My asking price for this domain is $xxxx.xx. I know the figure is low for this domain but seeing as you are a local company I'd much rather see someone closeby succeed with this domain.
I also noticed you are having a web design company out of California design your website. I notice your website has not changed in 4 years. I am offering you a complete package on this domain to include free web redesign and hosting for one year if you purchase this domain.
Please contact me if you are interested in pursueing this offer. If I don't hear anything within the next 48 hours I will have to accept you are not interested in this offer and sell the domain to one of the other companies that contacted me.
The above letter has my attorney working yesterday and today on closing a bigger deal than I hoped to make.
I did my research and completely targetted a potential client. Not only will I sell him the domain but I am also selling him hosting and design with programming.
I am putting this out there as an example for those of you looking to build long term income with your domain business.
Thanks,
unixbro
By the way here are some facts that I shared with the buyer of this domain.
The domain name is valuablerealty.com
IT IS IN #3 slot on google for valuable realty it got there just by the google algorythms. Untouched for a year this made the domain valuable.
The domain gets 500 hits a day from google, 300 from yahoo, and 375 a day from msn.com These numbers are on average.
This domain was a domain that people traded here on namepros back and forth for a few weeks till I paid $100.00 for it.
It's not always the fastest hare that wins the race. Investments in domain names can pay off with a little development and some patience.
I am a newbie to domain sales and this post has tons of great info!!
I have a question, I am trying to come up with a response to emails I receive from businesses who complain about TM's or want me to just transfer the domain to them. This in no way was cybersquatting- I am totally against that! I owned the domain and possesed the rights years before the company's conception. So I am looking for a tactful way of saying "hey, I own the domain and have the right to sell it, and would like to offer it to you" with out upsetting the potential buyer.
Did you develop the domain name and attach a "TM" symbol to the name on your pages? Did you file an intent-to-use or a trademark application? Did you setup a business with the name, and use the name on letterhead, rubber stamps, etc? If not, then someone else can legally take your name and use it, and even file for a registered trademark.
Nope, sure didn't. But just because I didn't do that how do they have any right to take over a domain I got fair and square and paid money for? They solely could have saw that the domain was for sale based their name on that then come after it. I am going to go for it anyway. I was just wondering if anyone had any good ideas on how verbiage to diffuse the situation yet put myself in the position to sell the domain as well- that was all. I wouldn't want to start a TM debate in this post.
This may seem to be somewhat of an unconventional way of approaching a domain sale, but in all cases, getting your potential buyers attention is your first priority. Next, applying how it relates to them as soon as you can, then leaving them wanting more should be your close.
Note: some of you believe that giving your asking price in an intro letter is essential. I cant help but think this may be your view because you are in-the-business of buying & selling, and if the price is not listed, you wont waste your time.
Depending on how closely your domain-for-sale fits their activities, I would let THAT question fuel their interest, and be a way for you to “test their buying temperature”.
____________________
Hello So-n-So,
When we were kids we used to taunt each other with; "Your dog is so ugly, that if you looked up the word ugly in the dictionary, it would simply display your dogs picture.”
It may seem silly at first glance, but that exact way-of-thinking applies a thousand-fold on the Internet, only with a much more positive application. For example; What would you reasonably expect to find at "FlowerVendor.com"? (an obvious no-brainer).
Due to the fact that the main focus of YOUR business is to sell Internet traffic, we wanted to share with you that the domain name SellInternetTraffic.com is about to be sold to the highest bidder.
If your company is interested in being where people will fully expect to locate your service, and participating in acquiring this unique Internet gem, please forward any questions you may have to ---@-------.com by “such-a-date”. We would be happy to give you more information regarding this sale.
Sincerely,
Blah-Blah-Blah
__________________
If I lived here, I'd be home by now.
I've seen this happen three times, and have made a different response each time. Once, I had a good case for having my own fair use. Once, I had no case at all, if it came to a legal process. And once, their claim was questionable but so was mine. Each time, I wrote a very different kind of response. I'll go find the three responses, and then post them here.
In any case, the problem is that defending against a lawsuit (even against a meritless lawsuit) costs more than the names are worth. So the initial response to the challenge is very important, even when you are in the right. You want to make the OTHER side WANT to be nice to you in any case.
---J.
Here's the first of my three very different situations. The registrant's name and the domain name have been changed:
Hi Jordan:
I got this email late today.
Looks like I registered a domain which is trademarked?
I registered “OilPaintingSupplies.com”. I just thought it was a good combination of generic words.
Their stock sells over the counter @.13cents a share.
If it is so important to them, why didn’t they register it way back when!
Have you ever gone through something like this?
How would you handle it?
Any chance of making a few dollars or should I just transfer the domain?
Thanks for any help you might provide.
---Harry
--------------------------------------------------
Here's the letter "Harry" got, including the text on the masthead of the letterhead:
It has come to my attention by my internet hosting company that you registered oilpaintingsupplies.com as a domain today.
Our Company has traded under this name and has treated this as a trademark for eleven (11) years and we consider your use of this name to be a serious federal trademark infringement.
Therefore I demand that you immediately relinquish this domain to my registrar who will be in touch with you by email.
Your immediate action may prevent legal action against you.
Sincerely,
Here's what I wrote to "Harry":
I can't give legal advice, and anything you do is your sole decision and responsibility. If it were me, I would send a polite reply saying that:
I was heretorfore unware of your existence specifically, and also was unaware of anyone's use of those words in any business except as a generic descriptive term, which is what I understood the phrase to be when I registered the phrase, and which is how I understand these words and feel most others would understand them. I'm also surprised to hear any business claim that it has been around for eleven years but has never registered its own name, despite having an internet presence, and that at a different domain name (OilPaintPro.com). "OilPaintPro" is, of course, quite distinctive, memorable, and brandable.
Nevertheless, I am just starting out planning my business, have not invested much in infrastructure dependent on my choice of name, so I can easily choose another name for my small enterprise.
Harry, you should be aware that if your sole intent in registering the name was to sell it to someone, either to them or to anybody else who is in their same line of business, you don't have a prayer of winning any legal battle. It's not enough that the words are generic (which they are). You would also have to prove a legitimate use for them that had nothing to do with that company's field, for otherwise "your" trademark is sufficiently confusing with theirs. (For example, if the generic phrase had a meaning in two completely different fields you might have a chance.)
So all you are trying to do is to save face, to NOT appear to have been a cyber-squatter, so that they will WANT to sympathize and help you; by paying you something for your trouble in having to invest time to find a new domain name for your planned sole proprietorship business.
You don't have to admit that they would win at law. Instead:
I want to help both of us avoid frustrating, time-consuming, and costly adversarial processes, with an outcome that can never be 100% certain; and so I am willing to seek an mutually acceptible solution. I propose transferring the name to you in return for $250, so we can put this behind us and get on with more productive activities.
Harry, there is some cost to them to even file a suit, and your asking price is WAY WAY WAY below that. On the other hand if they sue and win, you'll likely have to pay them back all their recovery costs. On the other hand, no legal process is ever a 100% sure thing, and they ought to have better things to to with their precious time and attention than to sue you just to save $250. Other other hand, that depends on their not WANTING to screw you to make an example. That's why you have to approach them so that they will LIKE you and WANT to do the easy thing, and not feel like they have been raped by a cybersquatter. You have to be a legit person with a use for it, but readiness to find a better name for your planned business.
Good luck in whatever you decide. I accept no responsibility for decisions and action and their consequences. Your temperment, comfort with legal processes, ability to sustain the costs of a defense and even of a loss, and persuasive abilities, may all differ from mine; and your judgement of what to do is solely your own. I am trying to be helpful, but you have no recourse to me for any undesired result. Good luck.
I saw a name at Enom's Pre-Release auctions that I simply could not believe was available! It was a celebrity's name. Short, and exactly correct just as everybody in the world uses it, and no other connotations to it. There are plenty of ad-bids on the name, all selling relevant merchandise, and very good overture type-in. This is clearly a name that could be taken away in a heartbeat should the celebrity wish to do so. Anybody typing in that domain name would expect to arrive at that celebrity's official site; no other interpretation is possible.
I bought the name for very little, and then wrote to the celebrity. My letter expressed my familiarity with, and appreciation for, the celebrity's work. I explained that I had bought the name to give to the celebrity as a thank you for the pleasure I've enjoyed from the celebrity's work, and requested instructions for how to transfer. It was a personal letter that mentioned how much my family would enjoy meeting the celebrity some day.
Perhaps I'll get a personally autographed thank-you note back; perhaps I'll get some free tickets for the family; perhaps I'll get a statement that the celebrity doesn't care about the domain name and I can keep it. (This celebrity has been famous for more than twenty-five years, so it's surprising to me that he didn't already have the domain.) In any of the above scenarios, my investment would be financially successful.
Perhaps I'll hear nothing at all, or I'll only hear from lawyers anyway. At least I have my letter on file to show good faith in any future communication. In the meantime, I have redirected the domain to the official website of the celebrity's employer, so there's good faith being demonstrated by me.
Even I don't get one of the favorable responses above, I'll have done a favor for someone I respect, I'll have done the right thing morally and legally, and I get a good story out of the experience; all for next to nothing in time and money.
Now I just wait and see...
---J.
My last scenario was one in which I knew I had a fair use for the name, and I actually still do not understand what the complainant was even talking about. He found the name parked at Trafficz, and entered a bid of $0 in order to cause Trafficz to send me his note:
> -----Original Message-----
> From: ---REMOVED ---
> Sent: Saturday, March 25, 2006 2:51 PM
> Subject: *** Request for: salanter.com ***
>
>
> Congratulations, you have received an offer/request on a domain name that you have parked with TrafficZ. Below is the
> information that the user has submitted.
>
> ===============================
> Inquiry Type: information
> Name: ---REMOVED---
> Email: ---REMOVED---
> IP Address: ---REMOVED---
> Domain Name: salanter.com
> Offer: $0
Memo: Do you have the rights to www.salanter.com if so are you sure you want it challenged at the UN just like Madonna successfully re-claimed her name from a cybersquatter, or do you think you might consider reliquishing your illegitimate claim on this website name?
> ===============================
>
> Thank you for using TrafficZ.
>
> Best Regards,
> The TrafficZ Team
R.' Salanter was the founder of the Mussar Movement, which emphasized ethical development and self-improvement as the main expression of divine service. He is a major figure in Jewish history. He was the most important inspirational thinker of the 18th Century; and arguably of Jewish history since then.
I intend to build a site about him, similar to the sites I've built to honor other great Jewish sages, such as Rashi, Rashbam, Ramban, and Malbim (cited above).
I do not personally know of anybody else with the name Salanter, although it is a common surname possessed by many Jewish families whose lineage can be traced back to Salant (a town in Lithuania), which is the derivation of the name.
Who did you have in mind for it, and why are you so upset?
Go to: http://businessesales.att.com/produ...loglookup.jhtml
...and find out if there's a toll free number available with your domain in it... ie, BrainRx.com would be 866-BrainRx. If it's available, and your name is worth it, grab that number (you'll have to pay a certain amount per month). If you're iffy about the name, don't. Either way, include something like this in your letter:
"FYI, I also own the toll free number 866-BrainRx, which I will transfer to you, along with the domain purchase, for no additional charge. The combination of BrainRx.com and 866-BrainRx would be a powerful marketing tool for your company".
Or, if you didn't buy the number:
"FYI, as of this writing, the toll free number 866-BrainRx, is available for you to obtain from any provider... but please grab it right away, as it could be taken at any moment. The combination of BrainRx.com and 866-BrainRx would be a powerful marketing tool for your company". -End of letter.
Odds are, the number won't be available... but it's worth a shot. As you're likely aware, one cannot sell toll-free numbers, but you can certainly give them away.
I've sold a couple this way, and always check toll free for my seven letter names. Best of success!
Edit: Another thought: you could also try your 8 letter domains that start with P, Q, R S, T U or V, (the numbers on the 6, 7 and 8 keys) ie, Regrowth.com would be "87Regrowth". Get it? The odds against this
kind of situation being available are pretty steep, however.
My name is <<ur name>>, and I am the owner of the internet domain: DiamondBourse.net (ur domain)
I am writing to you because I am offering the domain name for sale. I am convinced that the domain would be an important marketing tool, and a valuable asset of eletronic property for <<Company Name>>. E-business is dominant in diamonds trade and this generic domain name attracts lot of visitors which could be forwarded to <<target domain name>>, meaning more visibility and authoritative online presence resulting into additional business. Kindly note that all other extensions of name DiamondBourse like .com, .org, .info, .biz are already booked.
Please feel free to contact me if you have interest in acquiring this domain, or if this information sparks any questions.
Thanks for your attention, I am looking forward to hearing from you.
If this correspondence has arrived at the wrong department, please pass it on to the appropriate staff member and if this matter is of no interest to you, I appologise for this unsolicited email.
.
Owned a domain before TM 
Fair Use Letter 
sample mail format i use