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.


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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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[gazzip]

. 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.

I will do, I think the sh** may hit the fan with this one :td: , I'm finding articles about this person who emailed me on google demanding money from people for infringements of copyright etc.

I'm now even more sure they'll come out fighting :td: - Now, where's my gattling gun ??


Thanks for all the great advice guys, maybe I'm gonna need a little more soon :red: .

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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.

What do you mean by your google code ?


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[IAmAllanShore]

I will do, I think the sh** may hit the fan with this one :td: , I'm finding articles about this person who emailed me on google demanding money from people for infringements of copyright etc.

No need to share the domain, but I'd be interested in seeing the articles. Care to post 1 or 2?

-Allan

 

[gazzip]

No need to share the domain, but I'd be interested in seeing the articles. Care to post 1 or 2?

-Allan

I Can't really do that at the moment without giving their organisation name and probably the domain away, I'll reveal all soon if / when it gets messy.

I think the plan will have to be - ignore their first email, see what they say/do next - If I do not like what they say next then I will fire off an explination of why I beleive they have no rights whatsoever to this name and include dates, examples of other extensions taken and in use, archieve info, TM records etc.

I will also sign up for the whois archieve service to find out for sure if they did indeed ever own it - If they did'nt I will give them shit for trying to bully me - If they did then I will quote the terms of registration/ownership etc which they obviously did'nt keep to.

I'de rather not go through this but I'm not sure what else I can do apart from ask them to make an offer (which I doubt they will) or hand it over, I don't like to be bullied into things.

I'll see what happens next !


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[AdoptableDomains]

Allan was referring to an unregistered TM. Look over their site and see if they claim any trademarks on logos, names, or anything else. It would probably have the "TM" mark instead of the (R) mark for a registered Trademark. Sometimes it will be in the copyright statement or links at the bottom of the first page. It sounds like you are in the clear if the words are generic, but it is possible to claim a TM on a pair of words and win a case.

Don't post the name here, but if you want to PM me, I'll PM you back with anything I can find in whois history since I do have a silver membership at domaintools.com.

 

[Domainate.com]

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.

It is THEIR responsibility, not their registrar's, to renew the domain by its expiration date. They are not claiming that their domain inexplicably got deleted, but that their registrar didn't let them know it was expiring. They can take it up with that registrar, but NOT with you. You have nothing to do with them not renewing their domain by its expiration date.

That said, I wouldn't be snippy about it, as I've sold 2 domains to former owners before, for $50 and $400 respectively. I'd just maybe explain as nicely as possible that it was solely their responsibility to renew their name by the expiration date, and that you would be willing to work something out with them and give them a discount on the name. Keep in mind a "discount" can mean anything...you can say you were going to be listing it for sale for $1,000 but will sell it to them for $500 because of their situation. At the very least, if you deal with them in a businesslike manner, they should have no ground to argue with you, as you are trying to help them out while at the same time not take a loss because you did nothing wrong.

That said, if they were to have a trademark on the name, then you probably wouldn't have the liberty of offering it for sale to them without getting in trouble, though they could perhaps figure out that suing you and/or filing a UDRP would cost more and settle with you anyways.

 

[gazzip]

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:

I better re-phrase what I said about this as I now know a little more about them after some digging.

They spent $60,500,000 in promotion & marketing in 2006 and their total assets were over $290,000,000

Sounds like a multinational that masquerades in org-land to me !

It is THEIR responsibility, not their registrar's, to renew the domain by its expiration date. They are not claiming that their domain inexplicably got deleted, but that their registrar didn't let them know it was expiring. They can take it up with that registrar, but NOT with you. You have nothing to do with them not renewing their domain by its expiration date.

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Thats what I would have thought/said too

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[floatingworld]

what I would do gazzip with the original message? In the Bin!

 

[RogueWriter]

I won't be able to retire from it, but I still feel good because the tech dude still has his job.

Nice resolution.

In regards to the current thread, I think minimal information back to them is appropriate, in case it gets ugly. The less you say, the fewer suggestions you give, the less there is for them to use against you. No long winded what-ifs, anything like that, just short and to the point.

 

[gingeman]

I have had one of these exact emails today. I won't post my reply exactly but it was short and amicable, but clarified that I am the owner and have spent time and money on aquiring the name, which I have plans for. That's enough for the first contact I believe.

 

[Damion]

Good luck with the sale Gaz :tu:
I'm sure a sale will come out of it viewing the numbers you posted.

 

[gazzip]

I have had one of these exact emails today. I won't post my reply exactly but it was short and amicable, but clarified that I am the owner and have spent time and money on aquiring the name, which I have plans for. That's enough for the first contact I believe.

Can you let us know how it goes please, good luck.

Good luck with the sale Gaz :tu:
I'm sure a sale will come out of it viewing the numbers you posted.

Thanks Damion, I'm not so sure yet ??


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In regards to the current thread, I think minimal information back to them is appropriate, in case it gets ugly. .

Agreed, I'll hold off for a bit but if it does get messy they're gonna get a long email to chew on !


Does anyone know if having a price on the domain would be/is considered to be a negative thing or enough to show bad intent regarding disputes ?


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