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question youthcode.com - resale legal issue

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Manoj Vijayakumar

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i own the domain youthcode.com since 2007

loreal launched a series called youthcode in 2012
there is an upcoming band in usa in the name youthcode which was created in 2013

if i try to sell this domain to these 2 brands - will i be caught in a legal issue?

will it be considered like cyber squatting?
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
Just put a landing page with information "Since 2007" and a Buy it Now (BIN) price, do not bother emailing them.
 
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Just put a landing page with information "Since 2007" and a Buy it Now (BIN) price, do not bother emailing them.


thank you. but i have already emailed them :(
 
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but i think we have the upper hand sir

Suing Under the ACPA
The Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages.

In order to stop a cybersquatter, the trademark owner must prove all of the following:

  • the domain name registrant had a bad-faith intent to profit from the trademark
  • the trademark was distinctive at the time the domain name was first registered
  • the domain name is identical or confusingly similar to the trademark, and
  • the trademark qualifies for protection under federal trademark laws -- that is, the trademark is distinctive and its owner was the first to use the trademark in commerce.
the trademark was distinctive at the time the domain name was first registered - we will win hands down here
 
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Layman's Perspective - The words appear to be generic to be awarded a trademark. And it's not an infringement on their current business so no issues i guess.
That Said, Maybe it will be deemed to be in bad faith if you reach out to them cause you are aware of their existence.
Now that you have taken the initiative let's see how things unfold.
Anyways, congratulations on a great name.
 
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Thank you. We will wait. Will keep you posted.
 
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----- Here is the entire exchange. We are stuck at this point, no reply from him for the past 48 hours - any suggestions on how to proceed is appreciated.


Mail from the Negotiator

Hi Manoj - I have been told that you are selling this domain. What is your price? If it’s reasonable I can probably structure a deal. However, if you think it’s worth tens of thousands of dollars or hundreds of thousands of dollars I can guarantee you that no one will be interested. Let me know ASAP and thanks!

Thanks,
*****

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My reply

Hi ****,

There are 2 biggies out there

# 1 is **** - with a copyright for '*****' made in **** (2 years after i registered the domain name) and have invested billions in products in the name. (search for : ****)

# 2 is a business named '*****' which is growing everyday

I do feel any of these two will need them anytime in the future and it will be bigger worth then. I am an investor by nature. I can wait with a lot of patience.

I might be wrong and they might never need it at all.

But still selling it today for peanuts is not worth it.

Thank you very much for your enquiry.


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Reply from Negotiator

Hi Manoj -

I know ***** (first company) very well, they won’t buy unless it’s reasonable. I’m the one that handled all of the domain transactions you mention below. They will not overpay for this - it’s not something they value highly - and if you want to sell to them this is your best chance.

I can’t speak to the other option (#2) other than to say that they probably won’t overpay either.

Best of luck!

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My reply

Hi *****,

Let me quote just one example.

Just go thro the blog - www.****.com - A blog with less than 100 articles recently sold for us$ 50000 on www.flippa.com - Sales url : - There are more bigger sales too. Articles & SEO for blogs are very cheap nowadays thro www.fiverr.com

A good domain name like ******* with lot of articles focussing the youth will get me lot of adsense money + a very big resale value in very short time.

I have been in e-commerce in India for almost 16 years now. You can check my site : ****** - I follow domain & web site sales closely and am very well aware about what happens.

So, it cannot be termed as overpaying. It is worth paying.

My offer is US $ xxxxxx (United States Dollars x Lakh Only) Nett. Escrow to be taken care by you.

Thank you very much!

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His reply

Thanks, Manoj. I wish you best of luck then - seems like the only buyer you will have is someone that wants to pay for your traffic.
**** likely won’t be interested in the current traffic, unfortunately, and doesn't value the domain the same way.



Best,
*****

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My reply

Hi *****,

It is not at all about traffic. It is all about the value of the name that bring to the buyer that matters .

I will again show you a recent example.

A startup bought the domain name without any traffic xxxxx for US$ xxxxxx
ref : xxxxx

If a name like that xxxx is so important for a startup,
then this name xxxxx is more highly important for a World renowned brand like xxxxxx

You know all this very much better than me.

My doors are always open for you!


----- We are stuck at this point, no reply from him for the past 48 hours - any suggestions on how to proceed is appreciated.
 
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Imo, there was no need for the needless stories you added. You should have just gone straight to the price as requested with convincing reasons why you it is a good buy for them.

I don't think you are really ready to sell your domain. From what I get, they could have managed to pay low $x,xxx for the name but you didn't give room for "business".

Domain selling is hard, don't make it harder.

Like he/she told you, best of luck!
 
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Your domain is not worth $xxx,xxx. You could have got mid $x,xxx for it from them. Remember they didn't initiate contact, you did so in terms of negotiations they have the upper hand.

Why even think of quoting six figures? They told you within the first email that such a price would never happen. They said no to 6 figures and 5 figures without letting you make a single rebuttle so the clear execution range from them was in the 4 figure range.

Look at the comps:

youthfulaging.com 5,000 USD 2013-12-15 Afternic
youthevents.com 2,988 USD 2011-07-27 Afternic
youthbeauty.com 2,800 USD 2017-07-07 BuyDomains
youthconnect.com 2,788 USD 2009-05-26 Afternic
youthactivities.com 2,714 USD 2008-04-15 Afternic
youthlacrosse.com 2,188 USD 2007-06-19 Private
youthscience.com 2,135 USD 2011-01-12 Afternic

Those are the highest publicly recorded sales of youth+word.com domains. When you negotiate do not compare domains that aren't similar to your own.

Their response to your strategy will be a good lesson for you, hopefully next time you'll try and be more realistic.
 
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Thank you very much. I hv learnt the lesson.
 
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you talk too much, sorry if I sound rude, work on that....good luck mate
 
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Lack of experience. Sorry and I take ur advise.
 
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you talk too much, sorry if I sound rude, work on that....good luck mate

i am an amateur / starter. i come to namepros to learn.

jideo4 & slader were very helpful

but replying like bene & bayan will make new people like me to ask for any advise here. i

if you cannot help people, you need not reply! you can just away.
 
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Sorry Manoj I just could not stop laughing when I read bene's comment, take it easy mate:xf.grin:(y)
 
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sorry bayan, i did not mean anything wrong. i am sportive and i enjoy being trolled.

but i just thought attitude like that of bene will keep people away from namepros

if bene is a pro he can keep it for himself rather than posting such unwanted comments.
 
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Manoj my friend , no need to apologize for anything and thank you for being kind anyway. We all learn here from each other, and we have fun learning too . I am sure you will close this sale successfully but try to be a bit more flexible with the buyer. Good luck my friend (y)
 
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Indeed very easy to agree with all the observations made, Buyers are not interested in your 'price-justifications' (unless your enlightening them to thousands of daily/weekly visitors they weren't aware off)
By all means include a couple of similar 'recent' sales to justify your price - but it's very obvious that puts it into the high x,xxx to very low xx,xxx price range, even then only to a strongly motivated buyer. It's not like you have more than one Real buyer on your doorstep.
your contact is probably happy to wait until 'Reality sets-in', Or just ignore the unnecessary purchase anyway, although popular the face cream is right at the bottom end of that buying market,

at least your 'legal' concerns should be at rest now, they seem to respect your original registration date. they would've had a little look at the time of product naming anyway.

definitely NO face cream adds though
 
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