advice Crossroad

Bonsu · Jan 23, 2020

I own a domain name which is a shorter version of my company's website in .co is it ethical to sell to it them?

oldtimer · Jan 23, 2020

We all have heard the expression "Don't mix business and pleasure together" perhaps for domainers it should say:

Don't mix your Domaining with your Job.

BrandAptly.com · Jan 23, 2020

Ategy said:
The problem is that *IF* he targeted and acquired the domain with the intent to resell it at a profit (even a $0.01 profit) to a specific company(ies), then that is quite simply not legal. PERIOD. That much is VERY clear in the eyes of the rules and trademark law. Specifically the 3rd part of a UDRP action. It's what's known as "bad faith registration".

It's already something not allowed BY LAW (nothing to do with anyone's personal opinion).. but if he's an employee then that makes his guilt is pretty much automatic since he can't claim not to be aware of the existing trademark (again .. that's only *IF* the domain in question actually does infringe on the company's actual trademark(s) .. there's ZERO way of knowing either way if it does or doesn't without knowing the EXACT marks/names/domains in question).

The other (non-legal) issue at play is we don't know the company. the boss or the employee/company relationship. If everything is casual and it's a small friendly business, then everything could be fine. If the company executives don't have a clue about trademark laws then again there's no problem (if you're ok with ignoring TM rules/law). On the other hand, if it's a big company where HR enforces rules, then it could be asking for trouble .. but that's separate from any trademark issues.

BUT .. without knowing the specifics .. it's safe to say that in most situations this would likely both be wrong and illegal under trademark rules and laws. BUT #2 .. it could be fine .. any statement stating absolutely either way that he's in the right or in the wrong is simply a blind ignorant guess.

The bottom line is that he needs to analyse the EXACT domains and EXACT trademarks and how they relate to each other and ACTUAL laws.

OP's question was very specific. It pertained to the ethical component of the process and not the legalities. I addressed the exact concern he expressed without any further diagnosis.

Ategy · Jan 23, 2020

BrandAptly.com said:
OP's question was very specific. It pertained to the ethical component of the process and not the legalities. I addressed the exact concern he expressed without any further diagnosis.

lol .. ok .. I'll grant you "ethical" can have a few interpretations .. but the key one usually being following the law!

(Yes .. I'll be the first to say that sometimes laws can be unethical .. but within the scope of trademarks, the more you get to know the rules and specifics, the more they actually make sense and aren't completely unreasonable .. even if often they are incorrectly interpreted by those on both sides)

Bonsu · Jan 24, 2020

ExploitOdds said:
Im just waiting for the hardliners to start debating and arguing about a scenario that lacks clarity.

Would it be fair to say that you did not sign a nondisclosure agreement upon being hired? I think that if you did, tread lightly.

No NDA

.X. · Jan 24, 2020

words of wisdom, Never Shit, Where you eat. Not romance, money, anything. eventually it will catch up to you. I have seen it happen to many times in my life, from workplace dating, lovers, to someone simply selling tamales, it always catches up.

Bonsu · Jan 24, 2020

I understand all the advise given. So I started domaining before I got the job and when I got my official email I knew mydomain.com would be a great brand for the company but unfortunately it's been registered since 1998 or so and I doubt if it would expire as it's been renewed till 2022.
So while just flipping through ED I saw that the .co is available and I picked it up. So far I tried selling to the .com .nz and .com.au with no response since they have a stronger version (cctld).
That's why the thoughts came up to sell to the domainlagos.com.

Thanks for the advise. I have two options either I let it expire or I advise the ceo about it.

eyedomainous · Jan 24, 2020

Best Practice:

1. Forward your domain to the company domain.

2. Tell the CEO you have some expertise in domains, so when you saw the name was available you thought it best to secure the property (next door) and redirect the traffic to the company website than to let a competitor buy it and move-in on your business / brand (bleeding traffic, confusing clients, stealing biz, ...)

3. Explain how the inbound link helps with SEO and that you could help the company rank better in search, or simply transfer the domain to the company if they can cover the nominal cost, or -if there is no interest, you'll just let the domain expire and go back on the market. (you just wanted to give the company a shot at their [exact match ...] name brand before someone else sees your success and moves-in on your territory...

equity78 · Jan 24, 2020

eyedomainous said:
Best Practice:

1. Forward your domain to the company domain.

2. Tell the CEO you have some expertise in domains, so when you saw the name was available you thought it best to secure the property (next door) and redirect the traffic to the company website than to let a competitor buy it and move-in on your business / brand (bleeding traffic, confusing clients, stealing biz, ...)

3. Explain how the inbound link helps with SEO and that you could help the company rank better in search, or simply transfer the domain to the company if they can cover the nominal cost, or -if there is no interest, you'll just let the domain expire and go back on the market. (you just wanted to give the company a shot at their [exact match ...] name brand before someone else sees your success and moves-in on your territory...

Exactly use this as a positive within the company. Casually mention before I worked here, I started domain investing, this might interest you, let me know. It could bring about a bonus, promotion, etc... but it's all done casually and if the boss is like .CO sucks you never tried to sell him you just mentioned it casually.

Brands.International · Jan 24, 2020

Bonsu said:
I understand all the advise given. So I started domaining before I got the job and when I got my official email I knew mydomain.com would be a great brand for the company but unfortunately it's been registered since 1998 or so and I doubt if it would expire as it's been renewed till 2022.
So while just flipping through ED I saw that the .co is available and I picked it up. So far I tried selling to the .com .nz and .com.au with no response since they have a stronger version (cctld).
That's why the thoughts came up to sell to the domainlagos.com.

Thanks for the advise. I have two options either I let it expire or I advise the ceo about it.

Imo, you can give it to your ceo for free, tell him/her that you are domain investor and when you saw the domain you automatically registered it for them, and if they like it they can have it for free, and if they do not like it then you just let it expire, no problem at all.

Maybe you will be rewarded for good intention. I would not drag a money aspect into it at all.

My personal experience is, that if you do small favour to other people, very often they do the same to you, or even much more in an ways which are not always fully predictable. From this perspective beying altruistic can prove to be more effective as using some proxy and play games to squeeze few dollars from your company. I might be wrong though, who knows.

GL

Bob Hawkes · Jan 24, 2020

It is a challenging question @Bonsu. If your acquisition of the name was not made more likely by your work there, and if you have no role in the part of the company that deals with domain name decisions, I am not sure that there is an ethical issue, provided you have zero involvement in promoting the name to your company.

However, that said, I think the best course is to offer it to the company for free/your costs, and if they do want it hopefully they will choose to voluntarily compensate you in some way

. A job is much more important to your future than this particular domain sale, so don't do anything that might threaten that.

Bob

Reddstagg · Jan 24, 2020

Good afternoon,

In my limited opinion, I would say there is one over-riding legal precedent at play in this scenario. It doesn't matter about ethics, morality or indeed an NDA (which in itself can be specific or limited in it's powers). If you signed a Contract of Employment (CoE) when you started your job then this should be your main concern. Many CofEs specifically state that you mustn't do anything that will bring the Company, it's subsidiaries or any other legal entity into disrepute. They could deem that by purchasing and registering this domain name it could be seen as not only in bad faith of a UDRP but also your CoE.

Beware, sometimes, HR Departments fire first and ask questions later. Can you really afford to take that chance.

I'd find out the person/Company that deals with the Company's website and make arrangements to transfer the domain name immediately. Free of charge and without any recourse for financial reward.

Chalk any financial loss down to experience. Learn from it. Move on. Never do it again.

It is not purely a question of right or wrong, but a question of whether you want to annoy the entity that puts a paycheck in your hand.

Without giving specifics, I learnt the hard way and settled out of court.

Regards,

Reddstagg

The Durfer · Jan 24, 2020

im such a fan of my company that I wanted a "pet" of it, if you will, I am willing for the company to use it, but I found it, I used my money to buy it, I keep it in safe keeping (don't park use landing page) and it only cost blah blah. What do you think boss?

How do you feel after reading this. Good? Then sell it to your company. Bad? Drop it or give it to them. ty.

The point is to be open with them, not secretive. Secretive feels like guilt to me and if your open with your company with it, they might compensate you for it anyway. good luck.

manpreet · Jan 28, 2020

Rob Monster said:
Sure, but hold the domain in privacy proxy and use a broker/escrow intermediary so you don't get exposed for being an opportunist. The reality is you probably did management a favor but there will be skeptics that will tag you as being exploitative. The best way to handle that is to have an intermediary contact the company. If they want it, great, but if not, so be it. Good luck!

Agreed, well said.

BrandEntrance.com · Jan 29, 2020

Bonsu said:
I own a domain name which is a shorter version of my company's website in .co is it ethical to sell to it them?

If I was the owner I would show you in your employment contract that any potential assets aquired during your employment that are related to company interests belong to the company.

When I work for other companies I always stipulate in my contracts that I have my own projects that do not and never will belong to them. This now includes electronic assets such as domain names.

This would be considered a major disloyalty factor in this country and would lead to dismissal... eventually, one way or another. You have already entered into direct competition with your employers.

They might not want that asset but now have to take it over. Whose toes have you stepped on now? Marketing?

BrandEntrance.com · Jan 29, 2020

Bonsu said:
No NDA

NDA has nothing to do with this. You are in on Copyright Infringement, Potential Sabotage etc.

advice Crossroad

Top Member

SaveThyWorld.com Let's not leave anyone behindTop Member

Established Member

Arif M, NameCult.com TheDomainSocial.comTop Member

Top Member

In God I TrustTop Member

Top Member

Top Member

Top Member

MarekTop Member

Top Member

The-Billionaire.comTop Member

Wesley SweatmanTop Member

Top Member

Open 24/7/365Top Member

Open 24/7/365Top Member

Similar threads

We're social

Pinned

Appreciation

Agreement