question New company wants to buy my old domain name.

[namexf]

Hi guys.
I am new to this.
I will try to simplify.
I own a .com domain name from many many years. Its been parked all this time.
Now a new company has contacted me and they want to buy it from me.
This company's name is the same as my domain name. And they have recently registered a local domain
with that name. But they are interested on buying the .com version (from me).
The key point is that I registered the domain name before this company even existed with this name.

Is there a risk that they could forcefully take it away from me if I try to negotiate a price that it is too high?

I am open to sell it but I would like to know how much can I ask.

Thanks in advance.

 

[namexf]

too many cooks in the kitchen.... bound to spoil the recipe

Hahaha.

 

[winst]

You guys are making it way more complicated then it is.

@namexf you have the domain name for years, you should be fine and not worry about getting in trouble.

Do you research, not just NameBio, also catch up on DNJournal, even look at some similar names on various marketplaces such as GoDaddy, Sedo, Dan, Epik, Afternic, even DomainMarket.com.

But ultimately, think through what this domain name is worth to you, will you be happy with the price. Everything else is just part of the negotiation. You will get more or less based on how well you negotiate and how much the buyer is willing to spend. If the buyer is well funded by a VC, then you are in luck, they have a lot more to spend than $XXX or $XXXX. But just because they have money does not mean they will spend it on your domain name.

You can hire a broker to do the negotiation for you, but they will take a big cut from the transaction.
You can do it yourself. After agree on a price, then use a domain escrow service to facilitate the transaction, the fees varies but are generally lower than brokers. Sometimes the buyer may prefer one service over another. Sometimes the buyer may want to enter a "contract" with you to ensure a smooth transaction.

You can find many discussions about negotiation strategies on this forum. So good luck and have fun.

 

[branding]

I would suggest you start by thanking them for reaching out, stating you are open to selling it and ask what number they have in mind.

If they offer you $50 you may as well forget about everything else.

Like people stated, don't overcomplicate things. Stop worrying and get that first offer on the table.

Once you've established communication there's plenty of time to negotiate about the numbers.

 

[WhoaDomain.com]

@namexf First off welcome to Namepros.

Second. Domaining is a fickle mistress. Many will say on here that you are "Free and clear" since the domain is registered long long before this new company ever thought of it.

Is it impossible that it can't get taken from you? No. I use to think that until I started to read some real eye opener news like this one below.

https://domainnamewire.com/2019/08/29/court-rejects-frances-appeal-in-france-com-case/

Some domainer registered France.com back in 1994 and it was taken from him. Of course this scenario is different since well France the country has been around way before the internet. lol

but a laymen would have be confident there was no way the owner of France.com could lose their domain the way this man did. But read the article and you will see. Anything is possible in domaining and with enough lawyers involved.

Best of luck friend.

I don't think you have nothing to worry about but you never know right?

as advised. Don't link to or mention any of their Goods and Services. Best to leave it blank.

 

[namexf]

Problems editing. I will repost lower.

 

[Lox]

1. Ask a lawyer and get answers. TM and Domains specialist. (so you can have peace of mind)
2. If you do not have an estimate, you don't know what you're doing. Find out what kind of companies operate in that particular cyberspace/industry sector + market share $ . (dictionary or not, a company's name is an important asset)
3. F.e. Take the sales personality quiz. If you don't have a sales personality ... find a pro salesman/broker ... or close your eyes, hit the minimum and BIN numbers and list the name @ afternic and let the Afternic brokers make it happen.
4. First - step 1

Regards

 

[namexf]

You guys are making it way more complicated then it is.

@namexf you have the domain name for years, you should be fine and not worry about getting in trouble.

Do you research, not just NameBio, also catch up on DNJournal, even look at some similar names on various marketplaces such as GoDaddy, Sedo, Dan, Epik, Afternic, even DomainMarket.com.

But ultimately, think through what this domain name is worth to you, will you be happy with the price. Everything else is just part of the negotiation. You will get more or less based on how well you negotiate and how much the buyer is willing to spend. If the buyer is well funded by a VC, then you are in luck, they have a lot more to spend than $XXX or $XXXX. But just because they have money does not mean they will spend it on your domain name.

You can hire a broker to do the negotiation for you, but they will take a big cut from the transaction.
You can do it yourself. After agree on a price, then use a domain escrow service to facilitate the transaction, the fees varies but are generally lower than brokers. Sometimes the buyer may prefer one service over another. Sometimes the buyer may want to enter a "contract" with you to ensure a smooth transaction.

You can find many discussions about negotiation strategies on this forum. So good luck and have fun.

Thanks.
There is a thread covering namebio alternatives. I will check it (system doesn' allow me to post link here).

Also I have to determine the exact size of the company. It seems that in fact they are several small companies that are going to make a group.
I think they have enough muscle to spend high XXXX numbers.
But right now they have almost zero trafic on internet. (web and Youtube traffic). So I am not sure if they will be willing to pay a lot for something that they are not going to profit from. In that case I will keep the domain.

Little by little I am having a clearer picture of the situation in both sides.

I would suggest you start by thanking them for reaching out, stating you are open to selling it and ask what number they have in mind.

If they offer you $50 you may as well forget about everything else.

Like people stated, don't overcomplicate things. Stop worrying and get that first offer on the table.

Once you've established communication there's plenty of time to negotiate about the numbers.

Yes, i will reach them in the next few days.

 

[IPBFlippers]

Based on what I've read so far, the offer seems legit. Ask them to make you the best offer and if you are okay with it, sell.

 

[namexf]

@namexf First off welcome to Namepros.

Second. Domaining is a fickle mistress. Many will say on here that you are "Free and clear" since the domain is registered long long before this new company ever thought of it.

Is it impossible that it can't get taken from you? No. I use to think that until I started to read some real eye opener news like this one below.

XXXXXX

Some domainer registered France.com back in 1994 and it was taken from him. Of course this scenario is different since well France the country has been around way before the internet. lol

but a laymen would have be confident there was no way the owner of France.com could lose their domain the way this man did. But read the article and you will see. Anything is possible in domaining and with enough lawyers involved.

Best of luck friend.

I don't think you have nothing to worry about but you never know right?

as advised. Don't link to or mention any of their Goods and Services. Best to leave it blank.

But you are right. The France "company"(French State) existed well before the domain registration. So the outcome seems understandable.

1. Ask a lawyer and get answers. TM and Domains specialist. (so you can have peace of mind)
2. If you do not have an estimate, you don't know what you're doing. Find out what kind of companies operate in that particular cyberspace/industry sector + market share $ . (dictionary or not, a company's name is an important asset)
3. F.e. Take the sales personality quiz. If you don't have a sales personality ... find a pro salesman/broker ... or close your eyes, hit the minimum and BIN numbers and list the name @ afternic and let the Afternic brokers make it happen.
4. First - step 1

Regards

To lawyer or not to lawyer. 2 different schools of thought.

Based on what I've read so far, the offer seems legit. Ask them to make you the best offer and if you are okay with it, sell.

And if i am not okay then ...

 

[Lox]

... seems to me... you're trying to get as much answers as you can on this ping pong survey ... 50+ replies. Are you working on a research project?

 

[namexf]

I am now looking at trademarking costs.
And trademarking a name is relatively cheap. I didn' know this. In USA its around 300$ for 10 years. But in smaller countries is way cheaper.
So a trademark fee can be as cheap as a domain fee.

So i think it is absurd that trademarks can grant one company the right to take away domains that were registered prior to the trademark.

Imagine the situation. Person A registers domain XXX.
Person B has a company called BBB and has registered this trademark.

Ten years later person B thinks BBB is a boring name and XXX is a much cooler name. He decides to trademark XXX.
And then steal the XXX domain.

The domain owner could argue rightfully that person B registered the trademark XXX in bad faith to steal the domain.

No?

 

[ResoluteDomains]

I am not 100% sure about who has right

I am now looking at trademarking costs.
And trademarking a name is relatively cheap. I didn' know this. In USA its around 300$ for 10 years. But in smaller countries is way cheaper.
So a trademark fee can be as cheap as a domain fee.

So i think it is absurd that trademarks can grant one company the right to take away domains that were registered prior to the trademark.

Imagine the situation. Person A registers domain XXX.
Person B has a company called BBB and has registered this trademark.

Ten years later person B thinks BBB is a boring name and XXX is a much cooler name. He decides to trademark XXX.
And then steal the XXX domain.

The domain owner could argue rightfully that person B registered the trademark XXX in bad faith to steal the domain.

No?

None of us are attorneys. We could possibly advise you on the value of the domain, if we knew it, or perhaps what steps to take in negotiating..... but when it comes to issues of trademark and IP law as it pertains to domain names only thing we can advise you is to speak to a qualified legal professional who works in that field.

 

[namexf]

I am not 100% sure about who has right


None of us are attorneys. We could possibly advise you on the value of the domain, if we knew it, or perhaps what steps to take in negotiating..... but when it comes to issues of trademark and IP law as it pertains to domain names only thing we can advise you is to speak to a qualified legal professional who works in that field.

Yes. I just wanted to express my surprise about how low trademarking fees are. I thought they were much much higher.
Maybe it is sensible to trademark the domains for further protection.

 

[ResoluteDomains]

Yes. I just wanted to express my surprise about how low trademarking fees are. I thought they were much much higher.
Maybe it is sensible to trademark the domains for further protection.

But that is what I was referring to in my post. Speak to an attorney before plopping down $300 or whatever amount because it A) may not make any sense to do so, B) may actually hurt your position doing such at this time, C) both? I dont know. You know know. But a qualified professional would certainly know! Think about it, if the answer is dont then you could take that $300 and use it to acquire a nice domain for your portfolio..

 

[capybara]

In USA its around 300$ for 10 years.

For a single class. Most real world business cases require multiple classes. And that still would not give you an absolute "protection", anyone else can apply for and obtain trademark for the same word in a different class.

And thats the price you pay if you do all the paperwork yourself, if your time is free. Without much free time, you need a competent person to do the job and now thats suddenly expensive.

 

[Pazu]

@namexf You're really over-thinking this. Stop worrying. All this back and forth makes me think you are well advised by @Ja Kai to get a broker to do this deal for you. If you've never sold a domain there is a learning curve. Don't talk to the buyer like a fish out of water, flopping around indecisively.

You have an IDEAL situation from the perspective of a domain seller. You own their brand on the internet and they want to buy it from you. Clearly you'd rather have money than the domain. You can email them asking for more money than you are willing to take. They need the domain and should have bought it from you before they (apparently) registered their company. Based on what I've read here, if it was me, I'd ask for $10,000 - $20,000. What result do you get on Nameworth.com? Don't underestimate how valuable this domain is to them. Check these videos for advice and perspective on selling to companies who need your brand.

 

[namexf]

I finally can place likes and thanks! at least from my desktop!
And in mobile too!!
What do you prefer? thanks or likes?

 

[namexf]

edit problem

 

[namexf]

But that is what I was referring to in my post. Speak to an attorney before plopping down $300 or whatever amount because it A) may not make any sense to do so, B) may actually hurt your position doing such at this time, C) both? I dont know. You know know. But a qualified professional would certainly know! Think about it, if the answer is dont then you could take that $300 and use it to acquire a nice domain for your portfolio..

I wasn't even remotely thinking to do it in this case, of course not.
But for other specific domains, to register the trademark just in your local area (cheaper) could be interesting.

For a single class. Most real world business cases require multiple classes. And that still would not give you an absolute "protection", anyone else can apply for and obtain trademark for the same word in a different class.

And thats the price you pay if you do all the paperwork yourself, if your time is free. Without much free time, you need a competent person to do the job and now thats suddenly expensive.

That would certainly not prevent other person from getting that trademark in other class or country, but at least could prevent this person from stealing yours in a UDRP claim.

@namexf You're really over-thinking this. Stop worrying. All this back and forth makes me think you are well advised by @Ja Kai to get a broker to do this deal for you. If you've never sold a domain there is a learning curve. Don't talk to the buyer like a fish out of water, flopping around indecisively.

You have an IDEAL situation from the perspective of a domain seller. You own their brand on the internet and they want to buy it from you. Clearly you'd rather have money than the domain. You can email them asking for more money than you are willing to take. They need the domain and should have bought it from you before they (apparently) registered their company. Based on what I've read here, if it was me, I'd ask for $10,000 - $20,000. What result do you get on Nameworth.com? Don't underestimate how valuable this domain is to them. Check XXXXX for advice and perspective on selling to companies who need your brand.

I have set them an email today. Told them that I will make an offer in the next few days.
I don't plan to talk to them indecisively. I will keep my indecisions here.

I have just checked Estibot and Godaddy and Freevaluator and got 100$, 1800$, 450$ valuations.
Nameworth requires registration.
I think valuation for this word is difficult. But anyway 10k to 20k is too much i think.

I will take a look at those videos, thank you.

 

[Pazu]

@namexf You can register with Nameworth for free it just limits your monthly searches.

 

[namexf]

@namexf You can register with Nameworth for free it just limits your monthly searches.

Is it much better than the others? I prefer not to register in too many sites unless necessary.

 

[namexf]

Note that this word has very few google results. Basically just the results generated by this company.
When I bought this domain many years ago it didn't had any result. That is why I bought it. Because it was free of conflicts.
I think this is why valuations by engines are so low.

 

[Michael Ehrhardt]

so a TM means they could take the .com ?
WHY ?

 

[namexf]

so a TM means they could take the .com ?
WHY ?

don't know. some say so. and there are some udrp cases.

 

[Michael Ehrhardt]

don't know. some say so. and there are some udrp cases.

Tesla Motors bought Tesla.com