NameSilo

Intimidation Tactics: Share the most absurd attempts at intimidation!

Labeled as discuss in General Domain Discussion, started by DanSanchez, Feb 25, 2020

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  1. DanSanchez

    DanSanchez DanSanchez.com/subscribe Epik.com Staff VIP ★★★★★★★★★★

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    Intimidation, legal or not, happens daily in the domain industry. I am an avid defender of private property and individual responsibility, personally, this is one of the most disgusting acts an individual can undertake to try to appropriate a domain name.

    Now that I work at Epik, I am often tasked with answering emails from foolish individuals who purposely or not, try to misconstrue UDRP/Trademark rights try to intimidate the registrar into handing over a certain domain. This means they have already tried to contact the owner of the domain and they have failed, but it's not always the case.

    In this particular instance, the individual attached a 2013 company registration from Turkey! The domain was owned by a client since 2009. The claimant is in textile and serves a very small local audience. Not only that, but the domain in question here has a .com.tr counterpart, which they recently registered in December 2019.

    Here is the email he sent me directly:
    [​IMG]

    During my research, I discovered they were going to rebrand to the (shorter) name they recently registered and felt entitled enough to steal the .com by coercion and intimidation.

    Let's learn from each other to proactively protect our assets. Domains are unique, powerful, and valuable business tools. I am happy to share what my process is for establishing an appropriate response to help you fight this constant battle.

    Share your recent experiences of fraudulent attempts to separate you from your rightful property.

    Some relevant questions:
    • How can we establish a standard operating procedure for aggressive defense of digital assets?
    • How can the community come together to learn from each other?
    • How can we establish legal rights to our property when someone (unscrupulous or not) comes demanding our property by force and coercion?
    Warning: I am not an attorney.
     
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. BrandCollectors.com

    BrandCollectors.com Restricted (DM)

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  3. Samer

    Samer Top Contributor VIP

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    Cite the GreenRoads.com case

    They bought GreenRoads.com for $160,000 after failing to win the UDRP dispute they filed.

    I’d personally show the best example of losers; who ended up ponying up way more in the end

    Samer
     
    Last edited: Feb 25, 2020
  4. barman

    barman Top Contributor VIP

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    Several times people have told me they're going to file a trademark to get their desired name from me. I tried to explain to them that it's not how UDRP works.

    So far, no one has actually gone through with it.
     
  5. bmugford

    bmugford www.DataCube.com PRO VIP ICA Member ★★★★★★★★★★

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    Some small time end under in Turkey is highly unlikely to file a meritless dispute.

    The fact they offered $30 shows how cheap they are. Good luck with the thousands in lawyer and UDRP fees.

    Brad
     
  6. BrandAptly.com

    BrandAptly.com Established Member

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    I just got back from my quick afternoon walk with my Amstaff. During the walk, we run into a little chihuahua in a stroller that was barking incessantly at my rather muscular dog. Maverick took one cursory glance at the little yapper, snorted condescendingly and kept on with his distinguished gait. Let's take a page from Maverick's book. Don't dignify that hopeless attempt at intimidation with a response. :xf.grin:
     
  7. biggie

    biggie Top Contributor VIP ★★★★★★★★★★

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    Hi

    sometimes, subtle intimidation works best,
    when you don't realize it....
    when you're being intimidated along with the rest

    being silenced by individuals in a clique or by those who are riding in the wagon
    it can come from a single source of power, energized by the volume of likes
    where you remain silenced, as not to get dis... liked

    it's a force, which can be innocent or intentional and maybe even coincidental, when it happens.
    but if there is a pattern....


    imo...
     
  8. DanSanchez

    DanSanchez DanSanchez.com/subscribe Epik.com Staff VIP ★★★★★★★★★★

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    Well sure, but I was talking about intimidation that uses the unjust force of government to deprive others of their private property.

    It seems you are describing social ostracization as a form of teaching. I would argue that is not force, but a voluntary way of determining who you decide to associate with in public. Often it is the best way to indicate your support or not for a certain policy or person.

    In this context, the UDRP policies are not subject to public opinion or ostricization. I wish they were.
     
  9. .NJ

    .NJ Top Contributor VIP

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    The letter is from some small time no nothing company in TURKEY....

    I would have crumpled it up and thrown it in garbage before I even finished reading it.
     
  10. Ategy

    Ategy Arif M, NameCult.com TheDomainSocial.com VIP Gold Account

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    I spent a few months last year effectively destroying the lawyer of a global top 100 brand who was trying to intimidate a fellow domainer.

    He behaved extremely unethically and I put him in his place.

    Really surprising how far some people are willing to go.
     
  11. DanSanchez

    DanSanchez DanSanchez.com/subscribe Epik.com Staff VIP ★★★★★★★★★★

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    I would agree and a few others suggested it. But why let a bug get away if you can just squash it with facts, logic, and reason? Most of these folks have an emotional drive of entitlement and that does not naturally dissipate.

    Good for you, I did the same with a book publisher brand for the name FOUR//HOUR (com) and I'm sure you can figure out who it is if you have been around the book industry in any way. Their conduct was unbecoming, to say the least.

    Most lawyers will use legalese to misconstrue their legal mark protection. Most domainers need to have a better perspective of their place in the hierarchy of mark ownership. As a domain owner, you control THE brand that is customer-facing. It is the ultimate kind of brand protection. It supersedes Trademarks in most cases. It is the main reason why the conversation of UDRP processes needs to reignite from our side.
     
  12. Internet.Domains

    Internet.Domains Account Closed (Requested) VIP

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    Oh really. A lawyer behaving unethically?....Why do I seem not surprised?
     
  13. biggie

    biggie Top Contributor VIP ★★★★★★★★★★

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    Hi

    actually, there was no unjust government involvement, in this case
    because it never went to that level.

    the intimidation factor, was if they mentioned filing for a UDRP, in hopes that the defendant would relinquish the domain, without being forced to do so..... if they felt they had no legal recourse.

    it's the precursor to reverse hijacking.

    though, someone who has experience dealing with wipo's, c&d's, etc, won't be so intimated
    which may be why the owner didn't hand over the domain

    imo...
     
  14. pooky

    pooky Established Member

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    In response an inquiry (by a broker on behalf of someone) for a domain that I had not listed for sale, I quoted an asking price of $10k. I got a reply that it's beyond the client's budget. So far so good. But the broker added this work of art:

    Fortunately for you though, I have convinced them that this is still worth discussing to see if we can find some agreeable terms.

    That stated, I am proposing to you the following hopefully reasonable offer that will make you a quick and decent profit as well as satisfy my client:

    1. Client will reimburse you for upfront costs of holding the domain from 2014-2021: $91.00 USD (using namecheap's pricing and rounded up to $13.00 USD per year)
    2. Client will pay for the escrow at escrow.com: $12.19-$23.63 USD (depending on settle method)
    3. Client will provide a profit for you: $250.00 USD
    4. This brings the total to $353.19-$364.63 USD, but to cover the spread of the escrow costs, and for your time spent, they added an additional amount to bring the amount they are willing to offer you $375.00 USD in totality.
    5. In summary, the total to you: $375.00 USD


    Seeing that we were far apart, I rejected the offer and also informed him that my 10k ask was rendered null and void by his counter-offer, and that my asking price would probably go up in the future. Apparently this was a hostile move according to the broker and he informed me that he would inform his client about my "hostility".

    I told the moron not to contact me again.
     
  15. BrandAptly.com

    BrandAptly.com Established Member

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    There are way too many wannabe gangsters in this business. It makes it all the more spicy. You have to appreciate his approach (however moronic) for it's entertainment value. I give him an A+ for computation. :xf.grin:
     
  16. pooky

    pooky Established Member

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    Yes, that was a gem. Happy to share :xf.grin:

    I'm seriously considering printing it out and framing it.
     
  17. Silentptnr

    Silentptnr Top Contributor VIP

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    I think there should be a standard letter that a domain owner could email/send, that makes very clear all 3 of the necessary components to win a udrp. Possibly even pinpoints the weakness of the hijacker's case.

    In addition to informing the hijacker of the facts, it wouild reflect strength. Also, it might help in securing a reverse domain hijacking decision. It would be easy to prove your attempt to avoid a wasteful process.

    I might have to write that letter. :)
     
    Last edited: Feb 26, 2020
  18. DanSanchez

    DanSanchez DanSanchez.com/subscribe Epik.com Staff VIP ★★★★★★★★★★

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    Count me in on that, we would all benefit from a collective effort for defense. Many business groups do this for reoccurring issues.
     
  19. BrandAptly.com

    BrandAptly.com Established Member

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    In crafting the letter, kindly structure it to accommodate the handicaps of the culprits with IQs below room temperature...like the guy above who clearly whipped out his antique abacus from the attic to painstakingly flaunt his imaginary mathematical acumen. :xf.grin:
     
  20. Silentptnr

    Silentptnr Top Contributor VIP

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    Lol
     
  21. karmaco

    karmaco Top Contributor VIP

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    A form letter of some sort would be helpful. In general, for self and name protection, words should be chosen carefully when responding to an inquiry. That is not caving to intimidation— its just smart.

    Before you reply to anyone no matter how rude or aggressive they come across as— do your research. Sometimes people walk into a trap by their not thought out replies. You can put someone in their place in the nicest and most professional way possible. Never let them see you sweat it or become annoyed.
     
  22. pooky

    pooky Established Member

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    In my case, after explaining again why my initial offer was no longer valid, I added "Feel free not to contact me again".

    It took all my strength not to add ", you moron" at the end of that sentence. Would have been really satisfying, especially because he was misrepresenting my position to his client.
     
  23. lock

    lock DomainUsed.com VIP

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    I had bikers call me a few times to tell me Jellywresting is theirs even turned up at a wrestling show. That particular show was attended by load of male wrestlers in audience. When they noticed I was getting leaned on they intervened and never had problem again. I registered the name first only got hassled when it got popular.
     
    Last edited: Feb 26, 2020
  24. Mister Funsky

    Mister Funsky Top Contributor VIP

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    Great idea for a thread...it is prudent for us (domain investors) to have a plan in place for if/when we have one of these termites crawl out of the woodwork as in the example you posted.

    A 'form letter' type of response, short and sweet, would be a goal for us to work on.

    This (direct contact by fruitcakes and ensuing drain on time) is one of the reasons I am a proponent of privacy. Many years ago I had an unhinged owner of a salon come to my house demanding I give her the domain that had her unique (not) name in it. Although she was very beautiful and almost convinced me to capitulate, I was strong and let her know my rotties were highly trained to protect me and not only should she lower her voice but she should leave my property...quickly. I've used privacy ever since on all names.
     
  25. Ategy

    Ategy Arif M, NameCult.com TheDomainSocial.com VIP Gold Account

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    Actually .. this is pretty standard "compensation" pricing. Although his big mistake (where you can tell he's not a professional) was using the word "profit" instead of "compensation for your time". Otherwise in theory that pricing structure is pretty common in allowing the domain owner to make a bit of money, but at the same time allowing the "assumed" trademark owner to "make an offer", without it legally being an actual "offer" because technically it's just "compensation for your actual expenses and some of your time".

    This tactic will often work because (1) many such domains were acquired for handreg or at least less than that typical $300-$500 range ($375 in this case) AND combined with the fact (2) most domainers have no clue about how trademarks and UDRPs work and will usually concede to a lawyer's scare tactics.
     

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