NameSilo

Have you ever had a buyer come back after initial agreement failed?

Labeled as question in Domain Buying and Selling Discussion, started by jideofor, Aug 4, 2019

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  1. jideofor

    jideofor Top Contributor VIP ★★★★★★★★★★

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    We hear most times about deals going burst after agreement, despite buyer offering a price.

    Has anyone here had a buyer, either via outbound or inbound, despite reaching agreement to buy the domain name from you but later changed mind that they will pass on the offer; come back after some months?
     
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  2. xynames

    xynames XYNames.com PRO VIP

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    Yes but always at a lower offer price.
     
  3. myfavorite

    myfavorite Top Contributor VIP

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    Still wishing they do.
     
  4. frank-germany

    frank-germany domainer since 2001 / musician VIP

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  5. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    yup. for IOTM********MS.com went from $5,000 to $14,000 up to $30,000. Had a deal at $30,000. I even transferred over the domain plus the .net and .org but then the CEO put the kaibosh on the whole deal.


    IOT****MMS = Internet of Things Mobile Management System/ Messaging System

    Biggest company using this term is SAP.

    It was already in their Godaddy account. In thee end they returned the domains and asked for their money back.

    fyi they registered the trademark for iotm********ms and iot*******mms.com was registered prior to trademark.

    I should sue but it's whatever.

    now they went with another domain which they trademarked.

    iotim********ms.com

    IOTM*********MS.com? now priced retail $100,000

    A company pays $3000-$5000 to trademark a term but won't pay $30,000 for matching domains in .com,.net,.org?

    idiots.
     
  6. DomainRecap

    DomainRecap Top Contributor VIP

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    Yep, had some crazy people from companies contact me with their "final offer", to which I counter-offered and received either silence or some colorful language in return.

    So I took my counter-offer amount, added a bit and set that as a BIN and waited. In 2 cases (out of 3-4 very similar ones), I was contacted (along with an apology for their subordinate's behavior) from someone higher up in the company, who was more than willing to pay that price.
     
    Last edited: Aug 4, 2019
  7. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    No, they didn't.

    Unfortunately, in this thread and in another thread, you make it quite clear that while you are able to access and search the USPTO database, you do not know what the data in it means, and you are spreading quite a bit of false information because you don't know what you are looking at.

    No one has registered IOTMSS as a trademark in the United States. You are looking at a pending intent-to-use application which is on its third extension of time to amend to allege use.
     
  8. AEProgram

    AEProgram Top Contributor VIP Blue Account

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    Probably one of the craziest stories in all of my years domaining. In 2012 I got a 300 dollar offer for a name I had and countered with 1500. I never heard back from the guy. In 2017 he emails me to see if i'm still willing to sell for 1500. By the time I got the email I knew its one of the names I dropped a few months earlier, I was pretty upset. Out of curiosity I go check to see who picked the name up and if its listed on a marketplace, I figured maybe I could still make some money here.

    To my surprise the name was available to register! I took the gamble and registered the name and emailed the guy back that the offer stands. He arranged payment and he wanted the transfer codes lol. I told him I could only push the name into an account at namesilo, he didn't understand why but he was ok with it.

    I wonder if he ever figured out what happened. :ROFL:

    The real lesson of the story for me was that if I am going to drop a name email anyone that was interested in it even if it was years ago.
     
  9. Bohdan

    Bohdan Established Member

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    In March I had an outbound buyer, that agreed for one of my .tv domais for $1300. A couple days later he came back and said, that due to what happens in the world, they can't afford $1300 and countered $800. I said no and he backed off.
     
    Last edited: Jun 29, 2020 at 8:35 PM
  10. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    Word Mark IOTMMS
    Goods and Services
    IC 009. US 021 023 026 036 038. G & S: downloadable software application for use by critical infrastructure owners and operators to improve system performance and increase its operational availability by employing dynamic configuration management, proactive issue management, remote performance monitoring and management, condition-based maintenance and other advanced, data-driven system life cycle management methods and practices; downloadable software for use in providing a range of drawing-based and analytical web-based interfaces for managing a user's system configuration, executing preventive maintenance, corrective maintenance, installation, configuration change management and other operations and maintenance processes
    IC 042. US 100 101. G & S: software as a service (SAAS) services featuring software for allowing the owners and operators of critical computer infrastructures to improve system performance and increase operational availability by employing dynamic configuration management, proactive issue management, remote performance monitoring and management, condition-based maintenance and other advanced, data-driven system life cycle management methods and practices; non-downloadable software for use in providing a range of drawing-based and analytical web-based interfaces for managing a computer system configuration, executing preventive maintenance, corrective maintenance, installation, configuration change management and other operations and maintenance processes

    Standard Characters Claimed
    Mark Drawing Code
    (4) STANDARD CHARACTER MARK
    Serial Number 87885602
    Filing Date April 20, 2018
    Current Basis 1B
    Original Filing Basis 1B
    Published for Opposition August 28, 2018
    Owner (APPLICANT) M.C. Dean, Inc. CORPORATION VIRGINIA 1765 Greensboro Station Place Tysons VIRGINIA 22102
    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Thomas W. Cole
    Type of Mark TRADEMARK. SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
     
  11. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    same thing happened to me but only $300.
     
  12. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    @whoadomains - what do you think you have accomplished by posting the data for that unregistered intent-to-use application.

    It's not a registered mark. Do you see a registration number among the data points you posted? No.

    They have not registered the trademark.

    If it were a registered trademark, it would have a registration number and also would no longer state: "Current Basis 1B" - since that field is indicating that it is an intent-to-use application. It can't register with "Current Basis 1B", because they will have to amend it to "use" before it can register.

    It was published for opposition in August 2018 and has not proceeded to registration, because they have filed several times for extensions of time to show use.

    When an intent-to-use application is allowed, then either the applicant has to file a statement of use in order to register the mark, or they can file for a six month extension (which they can do several times in succession).

    Was there some point you were trying to make?

    No one has registered IOTMMS as a mark in the United States.
     
    Last edited: Jun 29, 2020 at 10:13 PM
  13. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Maybe a little exercise might help.

    Based on what has been posted in this thread, which one of these two things is a registered mark, and which one is not?

    This one:

    ---------
    Word Mark SOON COME
    Goods and Services IC 035. US 100 101 102. G & S: Marketing services and purchase consulting services in the field of domain names
    IC 038. US 100 101 104. G & S: Electronic transmission of e-mail

    IC 042. US 100 101. G & S: Providing temporary use of on-line non-downloadable computer software for creating web sites

    IC 045. US 100 101. G & S: Domain name registration services

    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 88497930
    Filing Date July 2, 2019
    Current Basis 1B
    Original Filing Basis 1B
    Published for Opposition November 12, 2019
    Owner (APPLICANT) GODADDY ONLINE SERVICES CAYMAN ISLANDS LTD. EXEMPTED COMPANY WITH LIMIT LIABILITY CAYMAN ISLANDS 14455 N HAYDEN ROAD SCOTTSDALE ARIZONA 85260
    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Oreoluwa Fatimilehin
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    -------------

    Or this:

    ------
    Word Mark POSTBOARD
    Goods and Services IC 042. US 100 101. G & S: Web site hosting services; providing temporary use of online non-downloadable software for website design. FIRST USE: 20181031. FIRST USE IN COMMERCE: 20181031
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 88207614
    Filing Date November 27, 2018
    Current Basis 1A
    Original Filing Basis 1B
    Published for Opposition June 25, 2019
    Registration Number 6019907
    Registration Date March 24, 2020
    Owner (REGISTRANT) Uniregistrar Corp. CORPORATION CAYMAN ISLANDS 1361 GT 3-110 Governors Square Grand Cayman CAYMAN ISLANDS KY1-1108
    (LAST LISTED OWNER) GODADDY ONLINE SERVICES CAYMAN ISLANDS LTD. EXEMPTED COMPANY WITH LIMIT LIABILITY CAYMAN ISLANDS 14455 N HAYDEN ROAD SCOTTSDALE ARIZONA 85260

    Assignment Recorded ASSIGNMENT RECORDED
    Attorney of Record Oreoluwa Fatimilehin
    Type of Mark SERVICE MARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
    ---------------------

    You will find both of those in the USPTO database.

    One of them is a registered mark, and the other one is not.

    Have you figured out how to tell the difference?
     
  14. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    "I choose not to play. I choose PEACE."

    have a good day @jberryhill
     
  15. frank-germany

    frank-germany domainer since 2001 / musician VIP

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    POSTBOARD

    regstered
     
  16. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Bingo, Frank. And, hopefully, others can learn to tell the difference instead getting upset.
     
  17. NickB

    NickB Aka MrAcidic VIP

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    Is the below what to look for when checking for a registered mark? Or is there something else I am missing from the above examples?

    Registration Number 6019907
    Registration Date March 24, 2020
     
  18. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. PRO VIP ★★★★★★★★★★

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    Yep.

    Also, look out for these, which can be a curveball....

    -------
    Word Mark IOT DIAGNOSTICS
    Goods and Services IC 009. US 021 023 026 036 038. G & S: Microcontrollers for internet of things (IoT) enabled devices. FIRST USE: 20170101. FIRST USE IN COMMERCE: 20170601
    Standard Characters Claimed
    Mark Drawing Code (4) STANDARD CHARACTER MARK
    Serial Number 88619187
    Filing Date September 17, 2019
    Current Basis 1A
    Original Filing Basis 1A
    Date Amended to Current Register January 3, 2020
    Registration Number 5998944
    Registration Date February 25, 2020
    Owner (REGISTRANT) IoT Diagnostics LIMITED LIABILITY COMPANY OHIO 10052 Commerce Park Drive Cincinnati OHIO 45246
    Type of Mark TRADEMARK
    Register SUPPLEMENTAL
    Live/Dead Indicator
    LIVE
    ------------


    That is a "registered" mark, but the US has two trademark registers. One is the "Principal" register, for marks which have been deemed distinctive and presumptively valid. The other is the "Supplemental" register.

    The "Supplemental" Register (indicated by "Register SUPPLEMENTAL" in the TESS record) is for marks which typically have been refused registration as descriptive, but are capable of eventually acquiring distinctiveness through longstanding exclusive use. For example, when "American Airlines" started in 1935, they were, and remain, an airline which is American. It's a descriptive phrase. But, "American Airlines" has been at it a long time, and relatively exclusively, so people recognize it as referring to one particular airline.

    So, the "Supplemental Register" acts as a sort of holding pen to provide notice that someone is using a descriptive term which they hope will acquire distinctiveness some day.

    Significantly, for domainers, a Supplemental registration alone is insufficient to prevail in a UDRP Proceeding.

    https://www.nolo.com/legal-encyclopedia/what-good-the-supplemental-register.html

    The point is that the USPTO database is not simply "a database of trademarks". There are a variety of things in it which are NOT trademarks. It's important to develop at least some basic sense of how to interpret the data one might retrieve from that database, to avoid incorrect conclusions.
     

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