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

 

[s.g]

That's a tough one (for both parties). It's obvious you are a sensitive and caring domainer. Kindness and good karma, a typical Indian approach (I visited your country for 3+ combined months and I felt in every day there; also opportunistic scammers but that's the other side of Ying and Yang).

Both of you are polite and mindful of each other's situation and feelings. That's a great start.

Meeting halfway, around 750 to 850 bucks, might make this mutual learning opportunity worth your time. Perhaps you'll end up working together on a non-domaining project!

 

[Name Trader]

UPDATE

My last message


Then I revoked last offer of $1500 and set new offer of $500

Last reply


So gentlemen, we got a hustler here.

Thinking about my options.

Well at this point I'd just stop communicating and put the domain back on the market. You would only be infringing on their trademark if you entered their business. Having the domain for sale is not infringing on their trademark. And for any purchaser it is caveat emptor. Or if you are a caring domainer, AND believe them, you could donate the domain to them, sell it to them for your expenses. Or just be bloody minded and keep it for sale, and renew yearly.

rgds
stu

 

[LUP]

if he wants the domain, will definitely do anything to get it, including buying it at your price. If not, just ignore it

 

[Primary Names]

UPDATE - My last email as closure.

Hi xxxxxxx,
Most probably it will be a different country and category. The price was readjusted just for you. You don't see value in the domain but I do.
Best.

Let me know if this could have been any better.

 

[Primary Names]

Did you check if has Indian TM?

I did try this earlier but I am not sure of the class / category it is trademarked for.

 

[Primary Names]

Well at this point I'd just stop communicating and put the domain back on the market. You would only be infringing on their trademark if you entered their business. Having the domain for sale is not infringing on their trademark. And for any purchaser it is caveat emptor. Or if you are a caring domainer, AND believe them, you could donate the domain to them, sell it to them for your expenses. Or just be bloody minded and keep it for sale, and renew yearly.

I have decided to keep it for sale. It is a decent name and I am not giving it up for $100.

 

[Name Trader]

I have decided to keep it for sale. It is a decent name and I am not giving it up for $100.

I MIGHT have just quietly dropped the domain next year if it had been an indian centric domain. But if it has Global English appeal it's exactly what I would have done, in your shoes.

 

[koolishman]

I did try this earlier but I am not sure of the class / category it is trademarked for.

Since there are only 34 classes, you can easily verify by trying 34 times. Worth it in my opinion.

 

[Primary Names]

It is an english hybrid combi with a global appeal.

 

[Youngly]

If he is not willing to spend $500, he won't likely file a case. He also doesn't sound like a nice person

 

[johsun123]

I had opposite experience. Picked up a dropped name.

An year or so later, owner contacted me to buy it back. Apparently, he had to fold his business due to some issues and dropped the name. He had a TM also if I remember right. I verified online archives for records.

He bounced back and wanted to buy the name. But no threat. He explained his situation and requested to sell him the domain. No threats. I understood the struggle of a entrepreneur as I am one myself.

I gave him the domain for reg fee. He was so happy.

S**t happens in life. We have to help each other.

 

[clickcents]

I have decided to keep it for sale. It is a decent name and I am not giving it up for $100.

We all go through same situations..good expired or dropped domains will have some buyers..since you are the fresh owner,you have all rights to sell the domain at your desired price..Today or tomorrow,the buyer has to purchase it at the seller price or negotiated price..not at the old owner's price..

Regarding TM india..the online domain TM are not very popular and also very limited cases of domain TM cases and nobody will go for case for a less value domains from india

You can try for a decent negotation with buyer and if not going good,forget it and put it in BIN..

Happy selling..