discuss An offer and an interesting message.

[Primary Names]

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

 

[lock]

As new owner i would like offer closer to asking price thanks for your interest.

 

[kite26]

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).

 

[gilescoley]

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. Trying the pity angle

 

[Primary Names]

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. 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.

 

[equity78]

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.

 

[Primary Names]

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.

 

[Primary Names]

@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.

 

[gilescoley]

@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

 

[Primary Names]

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.

 

[DaveX]

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.

 

[Primary Names]

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.

 

[nivadriver]

Tell them to get lost

 

[Primary Names]

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

 

[Primary Names]

Tell them to get lost

Ya. I want to but not gonna do that. Will prefer to keep a backdoor for negotiations.

 

[karmaco]

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.

 

[Primary Names]

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.

 

[tonyk2000]

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" ;-()

 

[karmaco]

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.

 

[Primary Names]

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.