But I am not selling or am I ?

[DnEbook]

Just thought i would share an article that i recently read and get some thoughts as i am about to use his advice in my reply to a three word domain inquiry (maybe not even worth being fussed about)

Check it out and tell me if this has happened to you ?

http://torontodomainer.com/youve-received-an-offer-by-email-on-your-domain-name-now-what-2/

 

[Edward Smeu]

link not working for me, only cached copy

 

[DnEbook]

Third article down

http://torontodomainer.com/

 

[alien51]

Just thought i would share an article that i recently read and get some thoughts as i am about to use his advice in my reply to a three word domain inquiry (maybe not even worth being fussed about)

Check it out and tell me if this has happened to you ?

http://torontodomainer.com/youve-received-an-offer-by-email-on-your-domain-name-now-what-2/

The writer of that article said that you should always reply with: "I am not selling my domain". Supposedly, this cliche is to thwart any accusations that you are merely cybersquatting the domain for profit.

But what to do with the hundreds of thousands of millions of other domainers who are ACTIVELY peddling their domains bombarding everyone on the internet saying "please buy my domain"?

So the article writer is supposed to advise that you should never go around peddling domains. You should just sit and gather cobwebs, and wait for some white knight to suddenly appear from the mist asking: "Are you selling your domain?"... and your supposed answer should be: "My domain is not for sale... but if you insist...".

I'm not exactly sure if this kind of semantics is an automatic legal issue. That would be like avoiding being accused of selling stolen property. But then, if you are the legal owner of the domain, why would it be illegal to say it is for sale?

Another thing, the article writer also said the advice he gave was based on his "single" domain transaction. So i'm not sure if statistically speaking, one (1) experience will automatically make it a RULE OF THUMB for the rest of the world.

 

[DnEbook]

Well i tried his tact and the reply was 'my client may be looking elesewhere' Perhps i should have just countered as there was no traemark on the name to my knowledge (after some checking)

 

[alien51]

Perhps i should have just countered as there was no traemark on the name to my knowledge (after some checking)

Yes. just like "OrangeJuice.com" or "FancyHandbags.com". Unless your domain is dangerously close next to someone who has legal trademark claims to it, i don't think they can WIPO you out of those eagle-claws you have on your domain. Just because you are selling what you own, doesn't make it a bad faith squatting 'all the time', does it?

Also, i have read a couple of WIPO cases wherein the judges have acknowledged the existence of domainers whose primary "usage" of the domains they own is to resell them. This means domainers, per se, are legit. Otherwise, SEDO would never have existed as a legit company.

 

[DnEbook]

http://www.trademarkattorneys.com/udrp-panel-masters-of-denial

 

[DN BROKER]

I wrote the article and I've been doing this for 12 years. I assure you it doesn't matter what you own. The risk remains the same, owning a domain to resell is a risk. Reverse domain hijackers will use anything against anyone to get you into court.

When a person wants your domain name they will use any tactic to attack you. Now if you want to sell reg fee domain names for thousands go ahead and say yes I own it and Im selling. My article will protect domains that people spend more then reg fee.

It works and it will protect you.

Yes. just like "OrangeJuice.com" or "FancyHandbags.com". Unless your domain is dangerously close next to someone who has legal trademark claims to it, i don't think they can WIPO you out of those eagle-claws you have on your domain. Just because you are selling what you own, doesn't make it a bad faith squatting 'all the time', does it?

Also, i have read a couple of WIPO cases wherein the judges have acknowledged the existence of domainers whose primary "usage" of the domains they own is to resell them. This means domainers, per se, are legit. Otherwise, SEDO would never have existed as a legit company.

 

[alien51]

owning a domain to resell is a risk. Reverse domain hijackers will use anything against anyone to get you into court.

Well, almost anything in this world is a risk. The moment you leave your house, you are already at risk of getting killed from getting hit by a car, to getting hit by a space rock.

People can get you into court, for any reason. Especially if it's about domains when "getting you into court" simply means getting a WIPO notice on your email. There is no preliminary hearing with WIPOs, because you pay the judge (panelist via WIPO fees) to hear you out no matter how crazy your claim may be.

So i guess if you are actively engaged in the domaining business, like Andrew Reberry, there is always risk of getting sued. But not because reselling domains per se, is "illegal".

Now if you want to sell reg fee domain names for thousands go ahead and say yes I own it and Im selling. My article will protect domains that people spend more then reg fee.

Domain brokers have thousands of domains on their "For Sale" list, and i don't think they got those domains at reg fee.

By the way, in 12 years how many times have you become a Respondent in a WIPO case where a panel of judges made rulings on any of the domains you own?

 

[DN BROKER]

Bottom line is if you want to avoid the risk, you take the approach I mentioned. If you wish to use your own method please do. I'm just sharing my method and how I operate.

You raise valid points!

Good luck.

 

[DnEbook]

I wrote the article and I've been doing this for 12 years. I assure you it doesn't matter what you own. The risk remains the same, owning a domain to resell is a risk. Reverse domain hijackers will use anything against anyone to get you into court.

When a person wants your domain name they will use any tactic to attack you. Now if you want to sell reg fee domain names for thousands go ahead and say yes I own it and Im selling. My article will protect domains that people spend more then reg fee.

It works and it will protect you.

Seems just like the big sales ......a lottery sometimes, well i did try your words, no sale and no lawsuit