Domain broker solicit sales from a TM holder, is this a bad faith of yours?

[owntype]

If a private domain broker (or domain trader) solicit sales from a corp with trademarks on your domain, will this be judged as your bad faith definitely?

Some private broker (or domain trader) may just ask your BIN price and then they may clandestinely contact TM holders to try to calculate their net profit.

Just worry about this because I have recently been contacted by a corp regarding one of my domain. However, I have never contacted them before. Luckily, the corp contacted directly by my email, they may found this by searching the whois record. This corp is a TM holder, they said in the email:

"Thank you for your email. We would like to have the opportunity to use DOMAINNAME.com.

Do you have any offer at mind? Rate wise? Feel free to send us a rate of offer and we can further discuss.

We appreciate your time and concern in this matter."



The email also forwarded the content of domain seller's email, in which said he is the owner of the domain name, and would like to sell ...

It is obviously a NP or DNF domainer (my guess, because I have received several PMs and emails regarding the BIN price before) has contacted the above or maybe more corps (inc TM holders) without my permission. I am not sure if this is a real offer enquiry or just a TM trap ... If this is a trap, then will this be a bad faith of mine when judging?

Please I do need your suggestions.

Thank you.

 

[smartpc]

smells fishy.....stop look listen wait.....

 

[owntype]

Thx, smartpc

any other thoughts?

 

[Ronald Regging]

Personally, I would just email them back explaining that you are the owner, that you never sent them an email offering to sell it and that you are not interested in selling the domain. If they want it bad enough, they will pursue it further.

 

[smartpc]

sounds like a plan slip.....wouldn`t get you in trouble anyways....just dont send back an asking price.....the line sounds bit like entrappment

"Do you have any offer at mind? Rate wise? Feel free to send us a rate of offer and we can further discuss."

Is the domain listed for sale anywhere....how do they know you aren`t going to develope it?

I would wait a bit see how the thread progresses....weigh up multiple advice....

 

[IAmAllanShore]

Sounds fake. Unless it's a multinational from a foreign office just "trying on" English for the first time (Look at my poor use of idioms!), you're either paraphrasing or the offer is fake.
Just :imho: , of course.
Secondly, your question isn't a bad one, but your presentation of it leads to a different "question" than the one you lead with. Agency relationships can be discussed at length, but I think the long and short of my answer would be "Don't think you can pretend to be a broker to avoid bad faith - folks aren't stupid."
-Allan

 

[owntype]

Thank you for the comments guys.

I have ignored that email, didn't mail back. Avoiding TM issue is serious.

Sorry for misleading the question (if I have), I just don't know how to describe this situation clearly, eng is not my 1st language

 

[Erdy]

The issue looks pretty clear to me. The guy wants to buy from you and then sell to the company for higher price.

 

[SpareDomains]

very possible a unauthorized broker fished 1 of your domains in front of a few end users to see what kind of offers he could get and if one bites he buys the domain from you and marks it up and makes a profit, if the domain is a trademark which is what you appear to be saying this could also be a set up from the trademark holder and there was never an offer to sell or there was an offer to sell from someone else and not you which brought it to their attention and they just pulled your email from whois and are looking for a response from you with a price to make that email complete with a price and you not denying that you never offered it for sale which would probably demonstrate a bad faith registration, best response is probably no response or a response stating not sure who contacted you but I have never offered this domain for sale and it is not for sale or with a price quote lower than it would cost them to drag you into court if this is a set up from the actual trademark holder.

(DISCLAIMER) I am not a lawyer nor do I play one on television, legal advice should only be obtained from professionals that specialize in that field.
http://www.namepros.com/legal-issue...commended-lawyers-for-domain-name-issues.html

 

[smartpc]

(DISCLAIMER) I am not a lawyer nor do I play one on television, legal advice should only be obtained from professionals that specialize in that field.

Nice disclaimer....lol

 

[.Andy]

Nice disclaimer....lol

yea I agree lol.