I Need Assistance / Advice For Selling My Domain

[DomainAuction]

Hi Name Pros,

I have a domain name that has had many offers since it has been in my portfolio and I am in need of advice on how I should go about getting the best price / deal for it.

I have contacted several brokers throughout the years, some say it's worth $xx,xxx while others said $xxx and some even said $0.

Here's the situation; few months ago a corporation tried to register a trademark for the name/phrase (without the .com) and another corporation challenged the trademark. As of now, it seems like they are fighting for the rights to the name/phrase.

I was able to google the corporation who challenged the people behind who filed the trademark and it's a big name. Internationally known and I am sure 80% of us all have used their services and/or purchased at least 1 or more of their products in our lifetimes.

I'm stuck on this one and I need help. The name/phrase is not "Auto Insurance" for it to be appraised for big bucks; but there's clearly traction + I personally know that its niche industry will pay big for it.

Any thoughts / opinions / advice?

Please let me know asap. Thank you!

 

[gilescoley]

A few things to consider

Have you checked if the term is trademarked (http://www.uspto.gov/)

If it is, when was the TM filed and is it still "Live"

If you have owned this domain before any TM was filed, then you should be fine

They cant just file a TM, and then demand the name from you

 

[DomainAuction]

A few things to consider

Have you checked if the term is trademarked (http://www.uspto.gov/)

If it is, when was the TM filed and is it still "Live"

If you have owned this domain before any TM was filed, then you should be fine

They cant just file a TM, and then demand the name from you

Hi, I have owned the domain for 2 years prior any TM was filed or challenged. My point is that there are 2 large corporations fighting for the TM while I own the .com

I have no worries about them coming after my domain if one of them wind up being awarded the TM. Business is business, and I am professional; but I am the last person anyone/anything should attempt to take things from.

 

[DomainAuction]

*I am seeking a strategy to sell my name with all the attention the name/phrase is getting by (large) corporations*

 

[korganian]

You may want to ask a lawyer who specializes in domain law. You want to avoid putting any ads for anything relating to these companies products on your domain. And their could possibly be negative consequences to your approaching these companies to sell the domain to them for big bucks if they have trademarks on the name. I would wait for them to approach you and act like you don't want to sell it. Then reluctantly sell it to them after they increase their offer to something you just can't refuse.:D

 

[iowadawg]

And trademark owner can still file a URDP.

 

[korganian]

You mean UDRP

 

[cdboard]

have you considered opposing the trademark application?

 

[gilescoley]

Just let them finish their battle and see what happens. See who gets the TM.

Then see if they come knocking, give them time though

 

[DomainAuction]

Prior explaining the situation with a bit more detail; allow me to state that I do not believe in UDRP Domain Laws for situations like mine. There are a lot of corporate bully's in this industry who wouldn't take a penny from me in person but they would purposely try trademarking a name/phrase to later try f**king me; behind their computer screens. I'm no bully, nor do I even offend anyone (really.); however, if anyone does any sort of f**king --- it's me. Know what I mean? You take my name like that, i'll take your car like that. It's that simple.

Anyway...

I have conducted business with this name/phrase for several years prior either corporation had filed and/or challenged the TM (which is still not assigned to anyone or anything...) so common laws are in place.

My goal with this thread was to get feedback more on the fact that several brokers gave way difference appraisals and to seek the best way for me to sell this name. The fact that (large) corporations are fighting for the mark was only mentioned to include the fact that this domain is WANTED. Meaning, what should my sales tactic be. *I'm clearly not going to approach the 2 corporations going after the TM, but like how I am aware they filed/challenged; I was aware that they were going to do that way before they did. Them visiting my domain at least 5x per week for months prior registering/challenging it proves it.

 

[DomainAuction]

have you considered opposing the trademark application?

No I have not, I saw/see no need for that.

 

[gilescoley]

There is a chance that they may not want the name and they both obviously have an existing name they use anyway

 

[DomainVP]

Meaning, what should my sales tactic be.

Do nothing, and protect your rights.

They will come to you - and then at that point you can make the decision to sell or not.

In my opinion a domain is more valuable when a company cannot obtain the trademark. They have to find a way to control the namespace if a TM cannot be obtained, and the best way to do that is to own the matching .COM.

I'm in a similar situation. A company has tried to buy a DN from me, I declined their offer because I am using it. So they went and attempted to TM the generic term I own, so I sent a C&D and I now just keep an eye on the TM filing and will file oppositions if need be. In my case I won't need to because the application was already challenged by the examiner and will likely be denied, but they have 6 months to respond before the application is denied.

They wont respond b/c they tried to pull a fast one with the USPTO using misrepresentation in the application.

At any rate, domain valuations are all over the place. You might as well use estibot.

To me it does not sound like you need a broker, but you will need some patience if your end-game is to sell the domain.

 

[paul79]

i see in the OP you have had offers in the past on this name. would it be worth contacting the people who had made the offers previously explaining you were willing to sell now and seeing if you could get a price you were happy with? you could drop in that they needed to buy quick before the bigger companies came calling and bumped the price up even higher maybe

 

[Asfas1000]

If the brokers are knowledgeable and honest, I would tend to trust the highest appraisal.

 

[frank-germany]

They will come to you - and then at that point you can make the decision to sell or not.

thats good advice

use the domain in a way that you don't tough their trademark
like put nothing but a "this domain maybe for sale" -no ads
or maybe a dating site ( if their trademark is not dating related )

and then sit and wait

- I am not a lawyer
- no legal advice