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discuss An offer and an interesting message.

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I caught a domain name, a hybrid combination, say nioFresh.com at dropcatch about a month ago. Then I listed it for $18XX at dan.com. Few days ago it got an offer of $100. Now the offer-maker has sent this message.
I represent nioFresh, the original and first owner the domain. It expired and could not be renewed on time due to technical issues. We request you to kindly hand over the domain and accept the offer that well and duly takes care of the expenses at your end.

Personally I feel that I should let him know that being a first owner of a domain name does not give a right to own a domain forever. I mean we have annual domain renewals for a reason, right ?

Everyone knows, it is really hard to catch good names these days due to competition. I takes time, money and constant effort. If I keep giving away domains just because someone comes along and says hand it over because I registered it first, then all is wasted.

Whenever I put a backorder I hardly ever search for the history of a domain-name. TBH, there is hardly time to do so whilst chasing all the drops and expires. Also does not make sense to do the diligence all the names we backorder when we not sure will own it.

Few more points - I would be happy to let it go for high XXX to low XXXX. The offer maker is based in India and so am I.

I would like to know how you would handle this situation. Also I would like to know how trademarks work in India in relation to domains.

Please share your thoughts.

I am tagging a few individuals whose opinions I value. @wwwweb @AbdulBasit.com @karmaco @alcy @TERADOMAIN
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
As new owner i would like offer closer to asking price thanks for your interest.
 
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I appreciate your offer, but our pricing policy is strict. However, you have the option to pay with installments (x is the max number of installments).
 
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I call BS on this. I have had emails saying that they "accidentally" let is expire and could they have it back as it was their business domain. They are happy to pay a small fee to get it back too. :xf.wink::xf.wink: Trying the pity angle :sneaky::sneaky:
 
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As new owner i would like offer closer to asking price thanks for your interest.
Forgot to mention this in the original-post. Now I cant edit the post. :facepalm: But I countered the original offer of $100 with counter of $1500 which is what you suggested, and the message was in reponse to my counter-offer.
 
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The first thing you have to figure out is what are the trademark rules in India. Secondly do they have rights under those Indian tm laws?

If yes you need to think long and hard how to play it, what would the costs be for them to get the name through other means? How valuable is the name?

If no, then set your price and let them know that you know your rights and are prepared to defend them.
 
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I appreciate your offer, but our pricing policy is strict. However, you have the option to pay with installments (x is the max number of installments).
I agree, the installment angle may give the guy some room to readjust.
 
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@gilescoley but were you able to sell any of those domains that had such queries ? If yes, then I am very keen to know how you handled it.
 
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@gilescoley but were you able to sell any of those domains that had such queries ? If yes, then I am very keen to know how you handled it.


Nope, they just wanted it cheap, if I remember correctly, one of them went from like $80 to $130 or something, but the domain was worth at least mid x,xxx
 
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The first thing you have to figure out is what are the trademark rules in India. Secondly do they have rights under those Indian tm laws?
yes, working on that. Although, I think will be harder to figure out how it is in terms of domains.
 
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The history shows it having been on Sedo and Dan with no history of a website I can see. It was first registered in only 2019. They dropped it after one year. I think they are making up that story. I would ignore them, post a $X,XXX bin and forget about it.

I had a guy email me a really interesting story of how he had business cards and stationary and had plans for the domain. He said he could do like $300 I think. I told him how sorry I was but I couldn't afford to sell at such a loss from my expected price. Few months later, the domain sold via afternic fast transfer for 3k. I'm pretty sure it was him.
 
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Nope, they just wanted it cheap, if I remember correctly, one of them went from like $80 to $130 or something, but the domain was worth at least mid x,xxx
This one actually has some product links on twitter pointing to pages on site. So definitely not a tire kicker. So my intention is to somehow manage to actually sell this one.
 
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The history shows it having been on Sedo and Dan with no history of a website I can see. It was first registered in only 2019. They dropped it after one year. I think they are making up that story. I would ignore them, post a $X,XXX bin and forget about it.
You seem to have dug the history for nioFresh.com. It was just an illustration of a similar name. I mentioned it in the original post. You seem to have missed this. PS - I own niofresh too.
I caught a domain name, a hybrid combination, say nioFresh.com
 
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I would leave a buy it now and cease communication. Next will be threats if you continue to engage. They want you on defense. If you reply further it should be to say your bin is not negotiable as its a very reasonable price and is your lowest and best offer.

I don’t believe it either. They didn’t know they dropped it for a month or two? Come on.
 
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I would leave a buy it now and cease communication. Next will be threats if you continue to engage. They want you on defense. If you reply further it should be to say your bin is not negotiable as its a very reasonable price and is your lowest and best offer.

I don’t believe it either. They didn’t know they dropped it for a month or two? Come on.

Actionable and precise, thank you. Most probably will take this stance. Just want the other bases covered. Eg. if there is a way they can get the name through other means as @equity78 hinted and whether they have any possible rights under relevant Indian tm laws? This is my blind-side right now.
 
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This enduser at least has/had an intention to "take care of the expenses at your end". I've seen cases where the previous owners asked to simply "give it back", explaining how bad the domain is for any other purpose. No offers, no price requests. Just "give it back to me" ;-()
 
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Is this a dot com or .in, is there a trademark? Is the person contacting you mentioning a trademark? I seemed to have missed some info from the original post.
 
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Is this a dot com or .in, is there a trademark?
Its a dotcom. Very similar in nature to the example - nioFresh.com.
Is the person contacting you mentioning a trademark?
No.

PS - Their digital footprint suggests that it is a small business.
 
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I have reading and this article comes quite close to what may be relevant to my case. What I am not sure of is if the offer-maker has registered the said exampleDomain as a trademark. There is an additional angle to this eg. how costly is it to sue someone in such case in India. It may be possible that for $XXX it may not be worth it for the offer-maker to go down that path.

Here is the relevant bit.

Protection of domain names in India

The domain names as trademarks or service marks are registered and protected at the entire global level supremely by only one organization which is ICANN [Internet Corporation for Assigned Names and Numbers] along with the national and international protection under the directly concerned national Trademark Law and diverse International Trademark Treaties of the world.

In India, domain names may be granted protection as a trademark or service mark under the provisions of Trademarks Act, 1999 (hereinafter referred to as “the Act”), provided that the domain name fulfils all requirements to be properly registered under the Act (as enumerated above). Once registered, the registered proprietor of a domain name will have all those legitimate rights and authorities which are commonly availed by the owners of registered trademarks or services marks in India. This also includes the right to sue for infringement or passing off.

  1. For infringement: Any person violating a domain name which is registered as a valid and subsisting trademark under the Indian Trademark Law will be held liable for infringement of Trademark under section 29 of the Act.
  2. For passing off: an owner of a trademark who has not registered his mark is also entitled to protection of his mark if he is the prior user, his mark has acquired distinctiveness and there is misrepresentation by anyone else with regard to his goods which is likely to deceive the relevant public.
The Bombay High Court in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors.[6], dealt with a passing off dispute between shaadi.com and secondshaadi.com. The court ruled in favour of the defendants and held that the word “shaadi” is generic and commonly descriptive. The court held that acquiring a secondary meaning would necessarily imply that the word has transcended its original connotation and references exclusively in the public mind the particular holder of the mark; the primary meaning must have been lost. This was not the case here, said the court, as the only primary meaning was the destination on the internet.

In 2018, in Bigtree Entertainment v Brain Seed Sportainment[7], the Delhi High Court recently denied the Plaintiffs, proprietors and owners of the website bookmyshow.com, an interim injunction against the Defendant’s use of the domain bookmysports.com. The court, considering that prefix BOOKMY of the Plaintiff’s trademark BOOKMYSHOW was descriptive, not an arbitrary coupling of words and the Plaintiff’s failure to prove that “BOOKMY” has acquired distinctiveness or secondary meaning, dismissed the application for interim injunction filed by the Plaintiffs.

Hence, it is abundantly clear that domain names serve as important elements in trade and any commercial activity on the internet. Especially, for those businesses, who work solely on the online platform, protection of their domain names is of paramount importance. Since, domain names transcend geographical boundaries, a harmonious international law on protection of domain names is essential, in addition to the protection offered by Trademark Law in various jurisdictions individually.
 
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I try as hard as possible to make it so these plebs can't send me direct messages. I'm sure they will come up with all kinds of stories of why they need the domain back. I had one dude harass me at least one time pulling on all the heartstrings and I ended up giving him a basically worthless domain for free just to get rid of him. He offered my reg fees back but I blocked him instead. Ever since then I do BIN or nothing... but I am thinking about opening listings up to offers if other people think that increases sell thru rate.
 
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I did not read all the replies above and there may be relevant information but...

I would be happy to let it go for high XXX

What you say here is the key. I would set the price at 850 (high xxx) and let the person know that this price will stay in place for 48 hours. After that time you will take it back to your original asking price. I would not interact at all as far as who/when/where the name belonged to prior to you acquiring it.
 
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I would guess the domain is biofresh or similar which makes it a really good domain.

If that is similar to your domain then you are under selling already. Guy should kiss your feet and take your deal, he would not get similar from me.
 
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Tell him you'll offer him technical support for $1899
 
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