Advice on selling a domain name?

[00Kev]

Hi,

I currently own the .net and .com domain names of a yet to be released XBOX 360 game. The developer of the game has shown interest in buying it.

At this point I'm not sure how to get the most out of my domain name. I've contacted a broker and he told me that I had to sign up to his website for a fee. Seems like he is just trying to make money from me and doesn't really care.

The way I see it this domain name is worth at least $25,000. Most other XBOX 360 games are worth over $50,000 after launch of the game)

if anyone can help or direct me to a company who can help me sell the domain let me know.

 

[nicedomains]

Well, what kind of interest did the developer show? Did you contact them? Did you register the domains solely based on these upcoming games or are they domains you have sitting around that just happened to be the name of the game? I would be very careful here and actually wouldn't be surprised if you recieved a C&D for your name soon. Trademarked domains aren't a very good way to make money in this industry. Best case scenario is that you just happened to own the domains in question and registered them with prior knowledge of this game.

 

[00Kev]

Well, what kind of interest did the developer show? Did you contact them? Did you register the domains solely based on these upcoming games or are they domains that just happened to be the name of the game? I would be very careful here and actually wouldn't be surprised if you recieved a C&D for your name soon. Trademarked domains aren't a very good way to make money in this industry. Best case scenario is that you just happened to own the domains in question and registered them with prior knowledge of this game.

Well I've owned the two domain names for about 2 years. Recently the developers changed the name of their game to the name of my domain. It was my intention to create a small web browser game with the same name and that is why I purchased the domains in the first place. I did have a few small websites up on them last year but I took them down and parked it.

Needless to say I was rather shocked to learn that they changed the name of their game and never even tried to aquire the domain names.

I contacted them because I thought they might be interested. They couldn't contact me because I had domain name privacy enabled. After two emails the developer gave me a low offer and that is where it stayed. At this point I thought it would be best to find a good domain name broker.

 

[HuntingMoon]

be cautious, especially when their game goes live. if your name is developed or parked in the video game category, then they can claim you are squatting. offering the name to them will also be used against you.

 

[Ross]

If they are showing serious interest i would not have them parked if i were you. If they do send you a C&D letter, parking the domains would hurt you.

IMO, i would take their offers with a grain of salt and develop a site on the domains. Something simple and easy to make. If they get really serious after you have put up a site, then i would go in to negotiations with them. At this point you have the upper hand and they only have one option and that is to buy. Don't rush this though let the sites become actual sites and not just place holders. Also don't make them into a fan site or anything related to the game.

Arcade maybe?

 

[lzy]

I second Ross. Stop parking the name and dev it probably. If you're planning to throw on Adsense be sure to monitor the ads and block any video game advertisers. Good luck. :tu:

 

[weblord]

i would be wary if i were you. these type of domains discourages domainers to buy into it and the company will be hot on your trail if you pursue development, the most practical way for you to do is drop it like it's hot, don't host or park.

 

[Ross]

i would be wary if i were you. these type of domains discourages domainers to buy into it and the company will be hot on your trail if you pursue development, the most practical way for you to do is drop it like it's hot, don't host or park.

If he were to dev it up in a totally different niche than the game is in it would actually give him a stronger footing in the legal department and when selling. Developing it would prove that you had intentions of making it in to a site and not parking or just not letting it resolve. Of course im not a lawyer and my legal advice is to be taken with a grain of salt. This is just a personal Opinion .

 

[weblord]

yes we're both entitled to our opinions as this is posted in this forum and not in the legal but i advise the op if he's serious about it, then he can post on the legal forum about this and get some law-based replies from law members here.

If he were to dev it up in a totally different niche than the game is in it would actually give him a stronger footing in the legal department and when selling. Developing it would prove that you had intentions of making it in to a site and not parking or just not letting it resolve. Of course im not a lawyer and my legal advice is to be taken with a grain of salt. This is just a personal Opinion .

 

[shockie]

I contacted them because I thought they might be interested. They couldn't contact me because I had domain name privacy enabled. After two emails the developer gave me a low offer and that is where it stayed.

1) it's not a good sign that you contacted them instead of the other way around.
2) they could've contacted you anyway despite having privacy enabled.

i would be careful with countering with too high an amount. i'm sure that these people are at least somewhat familiar with tm's and such.

 

[00Kev]

If he were to dev it up in a totally different niche than the game is in it would actually give him a stronger footing in the legal department and when selling. Developing it would prove that you had intentions of making it in to a site and not parking or just not letting it resolve. Of course im not a lawyer and my legal advice is to be taken with a grain of salt. This is just a personal Opinion .

odd that you say that. I was told by one company that it was good for me to have it parked and thats why I did it that way.

If it wasn't parked I could get into more trouble.

The problem now is that I can't make the website I wanted to.

 

[rezinus]

In my opinion, considering that you have owned the two domains for around two years, it shouldn't matter whether they are parked or dev'd as long as you don't try to impersonate the developer. However, I'm somewhat new to the domaining so this is simply my opinion. However, if I found myself in the same predicament I would definitely get legal advise from a qualified attorney and also post these questions on the legal board.

 

[Ross]

odd that you say that. I was told by one company that it was good for me to have it parked and thats why I did it that way.

If it wasn't parked I could get into more trouble.

The problem now is that I can't make the website I wanted to.

Actually quite the opposite, check this case out.

Mir -and interested to hear from others,
are there any well known examples where domain ownership was questioned or even taken away by lawyers because of PPC. It looks as if all large registers are doing it anyways!
Was the reason for the domain ownership being questioned PPC only; or were there additional issues such as TM?
Very grateful for a case example where PPC caused ownership issues.

Here you go !
http://www.wipo.int/amc/en/domains/decisions/html/2006/d2006-0011.html

The Complainant also contends that the Respondent has no rights or legitimate interests in the subject domain name. More specifically, the Complainant asserts that the Respondent’s use of the disputed domain name thus far cannot be viewed as a bona fide offering of goods or services, since it has been used in connection with domain name parking services in the past, and presently is used to simply display content extracted from various other sites.

The changed content in fact further supports a finding of bad faith in this case. The Respondent put up the new content shortly after a communication was allegedly forwarded to the Respondent by the Complainant. The changed content tries to give the appearance of a substantive site that provides services and goods. However, the site is in fact nothing more than a skeleton of frames that are filled with pictures and content automatically pulled from other sites. In the Panel’s view, this is an intentional attempt to mislead and further suggests the Respondent’s bad faith.

For all the foregoing reasons, in accordance with paragraph 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <maplin.com> be transferred to the Complainant.

In my opinion, considering that you have owned the two domains for around two years, it shouldn't matter whether they are parked or dev'd as long as you don't try to impersonate the developer. However, I'm somewhat new to the domaining so this is simply my opinion. However, if I found myself in the same predicament I would definitely get legal advise from a qualified attorney and also post these questions on the legal board.

Look at the Nisian battle or the Knol.com proposal by Google.com. In both cases the domains in question were developed and operated in a niche completely different than the proposing company. So in return the companies that want the name have no choice but to buy the domain names. Now if these names were parked the proposed companies would have the right to the names because of right and TM rights.

Yes this thread should be put in the legal board or get back on topic !

 

[Achaias]

Disclaimer: I'm not saying this is the same story or that you're a domain squatter, but might be something you can take advice from.

Here is an interestingly similar story I've read about recently of a squatter who heard that id Software was making a free online game "quake zero." This game is based after quake 3 arena and the squatter snatched up the .com, .net, and .org. They announced the game at last years Quakecon and quickly noticed the domains were taken shortly thereafter. This individual contacted id and offered them the chance to buyout all three domains. The funny thing is id just announced that they are changing the name. Now the name of the game is Quake Live and id Software owns QuakeLive.com, .net, and .org. I guess the squatter got screwed in the end which is nice to see, I hate when things like this give us a bad name.

Heres the original article:

http://www.shacknews.com/onearticle.x/53971

Its good that you owned the domains 2 years before they changed the name. Just be careful as previously stated for bad faith. Good luck with the deal though .

 

[shockie]

i've always dreamed of attending quakecon...

 

[copper]

Start developing now would be too late since you already
sent them email seeking offer.

You do NOT send email unless you don't care
whether they take the domain from you or not.

Parking will work against you.
Remove from parking.

I think these are things you should of done instead.
Never send them ANY email.
Create simplest site.
Remove privacy to make them easy to find you when they are ready to buy.
Never say how much first even when they send you email.
Let them give you offe first.