Don't you just hate the - It's MY DOMAIN emails !

[gazzip]

I just got a name in a drop a couple of days ago and i get this letter today

We had registered the-name.com some time ago. We never received notification from our registrar that this was about to expire until we got notice that it was available for sale.

I see just now that you registered this on Thursday. We have spent considerable time, effort, and expense in building the "2 keywords" name, as can be seen by our Web site, other extensions/variations.

When I looked at what you have listed for the-name_com, I see that you are only using it as a search engine and this is confusing to our consumers.

We therefore request that you transfer ownership of this domain, the name .com, to us immediately. I would be happy to assist in any way I can to facilitate this transfer.


end>

This is the second time (for different domains) I have had a letter like this

It seems they own the name in various extentions org and .info - but also some plural, some not, some hyphen some not. their website seems to be built on the .org

The name does not have a TM on it but there are other people who own the non plural .com one and in other european extensions.


How would you handle this, I'm kinda tempted to tell them they are not the only person in the world that owns these keywords in other extensions and that they do not own any sort of TM on it....

And that I have also spent "considerable time" trawling through thousands of shitty domains to find something nice so if they would like to make an offer on the price I have it listed for then please do so !

I hate when this happens although it did result in a nice sale the last time (at a reduced asking price) - These people seem too pushy and presumptuous for my liking.


So - What would you do guys ??


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[Spade]

From what they wrote, I would let them know that it is customary when buying a domain name to present an offer, instead of demanding possession. Inform them that you have plans for the domain name, but if they present a credible offer, would be willing to consider it.

I would be smug right back. and I would also let them know you have "high" hopes for this domain name to either be built into something great, or fetch a nice profit.

Justin

 

[Devil_Dog]

Tell em to "Piss Off".

No, seriously, I'd have told them; "Well you know, if you'd have approached me in a civil manner explaining the situation, I may have transferred it back to you for a nominal fee, but since you come across as a pompous jack-@ss, you can go pack sand.

Kind regards,
The new owner of the-name.com"

 

[Spade]

Kind regards,
The new owner of the-name.com"

LoL - the Money line!

 

[TheBulldog]

Send them back this:

Do you have an appraisal certificate for your domain name?

Domain name is an investment for me. In other words I'm going to sell your name later and make a profit. If I don't get paid I won't be able to make a profit in the future. It's very important for you and me to know the current market value of your domain.

Of course, we must be sure that you are engaging a reputable appraisal company. I heard many appraisal companies often made inaccurate appraisals. I will only accept appraisals from independent sources I trust.
I heard some appraisal companies often made inaccurate appraisals. So I will only accept appraisals from independent sources I
To avoid mistakes I asked domain experts about reputable appraisal companies in a forum
domaintalk.ourplace.com/Archive/98016.htm

Just check this posting.

If the appraisal comes higher you can adjust your asking price accordingly. I also hope you can give me 10% - 15% discount of the appraised value.

After I get an appraisal from you we'll continue our negotiations.

Super Duper Elsker Dude.

 

[gazzip]

Piss Off sounds pretty good to me :lol: Short n sweet !


I just done some digging - I (the new owner ) own the hyphen domain in the plural

The same non hyphen plural .comone is owned/parked by Name Administration Inc

The non hyphen singular.com one is parked by someone using Moniker privacy service.

The hyphen one singular is owned by a very large organisation in europe. < I'de much rather sell it to them anyway :lol:

It is also reg'd in various extensions including .co.uk - .de - .nl - .biz - .de - .jp and on and on.

......interesting :tu: the plot thickens !


. Any other suggestions ?


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[tristanperry]

Tell them to make you an offer for your domain, which you legally registered, or get stuffed.

 

[jehnidiah]

Any chance this is someone just trying to get their hands on the domain who doesn't actually own it? I'd think this would be a good way for someone to try to exploit a nice domainer by telling them they used to own the domain, they are John Smith, they loved the domain, etc.

Either way, I think the best way to handle this is to ask them to make a reasonable offer. No use being rude back to them as that is just one less person who may be willing to buy it. If they want it badly enough, they'll pay for it.

 

[kwan]

I wouldn't let their attitude put you off. I've had emails and letters like that too and I treat it as any other offer to buy. Just last month I got an email like that on a name that really did have a trademark (I didn't know it when I registered it) . I just replied that I would let it drop and good luck to them trying to grab it, so they ended up paying x,xxx for it.

But if like you say there isn't a trademark, offer it to them if you are willing to sell or kindly thank them for their letter and tell them you aren't interested.

 

[Kate]

So more than 2 months after expiry, they notice that their domain is no longer theirs :D ? It had stopped working a long time ago when being put in redemption, which is proof they have not been actively using it.
Probably best to ignore those E-mails.

 

[AdoptableDomains]

Tell them you will fully comply with any law showing they have a legal right to it as long as they reimburse your costs to acquire and research the deleting domain base. Ask for proof that they have a legal trademark, which is the only way they would have any right to it. Let them know that YOU know the law and your rights to own a generic keyword domain (assuming that's what it actually is).

Don't offer to sell, because that makes it look like you don't intend to keep it. If they think you don't want to sell, you are more likely to find the real value and get them to make an offer instead of trying to trick you out of it. If they make the first offer, you are in a better negotiating position.

 

[gazzip]

Any chance this is someone just trying to get their hands on the domain who doesn't actually own it?

It could be, I think what "may" have happened is that this name was already reg'd by someone else in 2001, looking in archieve.org there's no reason for me to think otherwise as the site on it looks nothing like the org one whatsover - then, the person doing the asking must have built a website on the .org since then because the .com was aready gone. The .org does'nt look like its been updated since Nov 12, 2002 according to archieves.

Now they want it and are putting their own spin on it ! I may be wrong but it seems like that way to me, I don't have access to previous whois records and I don't think I want to ask someone & divulge the name at the moment.

 

[Ronald Regging]

I think it's a lot like life. If people come after you with unrealistic demands, you need to explain the reality of the situation and put them in their place before attempting to reach an agreement. If you don't dispel their delusions of "rightful ownership", they'll never be willing to buy it from someone they perceive to be a thief.

 

[gazzip]

I wouldn't let their attitude put you off. .

I won't I was just kidding about the Piss Off part.

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I think it's a lot like life. If people come after you with unrealistic demands, you need to explain the reality of the situation and put them in their place before attempting to reach an agreement. If you don't dispel their delusions of "rightful ownership", they'll never be willing to buy it from someone they perceive to be a thief.

Very True - I am arming myself right now but will keep that email response for if it gets messy :tu:

I'll probably try a minimal response to the initial letter first.

Tell them you will fully comply with any law showing they have a legal right to it as long as they reimburse your costs to acquire and research the deleting domain base. Ask for proof that they have a legal trademark, which is the only way they would have any right to it. Let them know that YOU know the law and your rights to own a generic keyword domain (assuming that's what it actually is).

Don't offer to sell, because that makes it look like you don't intend to keep it. If they think you don't want to sell, you are more likely to find the real value and get them to make an offer instead of trying to trick you out of it. If they make the first offer, you are in a better negotiating position.

Sounds really good - I had already put my asking price on it so I'll just leave it there for now, i assume they have seen it. if they do end up offering anywhere near it I'd be happy to sell - if not then I'de be happy to wait too.

Many thanks for your advice everyone


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[tfking]

I got one of these types of calls last week when I was at DisneyWorld with the wife and kids. I tried to be polite and concilliatory but this guy was treating me like I stole something from him. I repeated explained that I was on vacation and finally asked him to send me an email showing the content or proof that they even owned the site previously. Big surprise, I never go an email or anything else from these folks.

I am begining to believe that there is a group of folks out there that try to scam the naive out of their recently acquired domains. I have resold domains in the past for little or no profit to those I truly believed to have inadvertantly let their domain expire, but I am begining to wonder if I have been fooled once or twice.

Does anyone know how to verify the previous owner of a domain, or get the contact email for these folks, to try and separate the con artists from the folks that simply have technology issues?

 

[gazzip]

There is a service where you can check previous owner details but it costs to join it - I'm not sure how much, maybe I should look into that too.

Domain History - Whois history database at domaintools.com


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[IAmAllanShore]

Two honest questions:
1) Was the previous registrar RegisterFly? If so, they could be telling the truth about losing the domain that way, no? (Still showing in their account, but not having actual possession...)
2) You state that they don't have a TM, but from the way you describe the domain name (And all the variants being based on plurals, etc.), it sounds like they very well might (It's a .com, yeah? Anyhow, I'm speaking of common-law rights, and you might have been referring to no registered mark.). Don't be so put-offish that their first thought is to take the UDRP route - $1300-$1500 looks cheap to a pissed off business owner (Albeit most don't take the time to figure all of that out, and attorneys cost much more, just piss somebody off and see how many mountains they climb to try to get back at you...).

The last question is too elementary to be included, but I'm curious: The folks that "want it back", are they a little non-profit group that isn't going to have the money to buy it off you anyway, or a multinational that masquerades in .org-land?

-Allan :gl:

 

[gazzip]

Two honest questions:
1) Was the previous registrar RegisterFly? If so, they could be telling the truth about losing the domain that way, no? (Still showing in their account, but not having actual possession...)

Two honest answers
According to my snapnames account it was registerd with Domainjungle.net - Its a Jungle out there :lol: whois now shows as manage-snapnames. I have no idea if they are anything to do with registerFly or not ??? The domain DomainJungle.com point to manage-snapnames.com so i'd assume not.

2) You state that they don't have a TM, but from the way you describe the domain name (And all the variants being based on plurals, etc.), it sounds like they very well might (It's a .com, yeah? Anyhow, I'm speaking of common-law rights, and you might have been referring to no registered mark.). Don't be so put-offish that their first thought is to take the UDRP route - $1300-$1500 looks cheap to a pissed off business owner (Albeit most don't take the time to figure all of that out, and attorneys cost much more, just piss somebody off and see how many mountains they climb to try to get back at you...).

I checked for a TM and the only one I saw that was close was Abandond in 2002. The description/use for that trademark was different to the what the person in the email is doing anyway.

Like I mentioned, there are lots of the same & similar combinations of the two keywords taken in other extensions like .co.uk - .nl - .de - .jp - .eu and a few more including the single variation in .com (owned by someone else).

How would/could they have common-law rights to the name if other people around the world are also using it ? ie - The european company or perhaps goverment organisation that is using the same .com domain in singular.

The last question is too elementary to be included, but I'm curious: The folks that "want it back", are they a little non-profit group that isn't going to have the money to buy it off you anyway, or a multinational that masquerades in .org-land?
-Allan :gl:

from their website, they seem to be a nonprofit organization but I guess they are not that small cos they have over a dozen directors.

The more I look the less i think they ever owned this name anyway.


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[Dave_Z]

but will keep that email response for if it gets messy

Other than the valuable feedback everyone has given so far, only other thing
I can add is you keep that person's email if you still have it. If the person tries
to contact you subsequently in any way, try to document it.

Be like a boy scout. Good luck and good hunting.

 

[bobdigital]

So - What would you do guys ??

I snagged a Pool drop and a week later the previous owner's tech guy called me on the phone and asked if we could work something out.
My one and only offer to them was my google code in exchange for the organization's domain back. It was accepted immediately.
I won't be able to retire from it, but I still feel good because the tech dude still has his job.