question My Fault you let your domain expire?!

[maksimfa]

So I generally buy domains for my own portfolio to develop, or geo domains to resell to local businesses.
Recently I have been buying some established domains at GoDaddy closeout auctions to use for my PBN, or to sell if someone wants.

This morning I wake up and I see I have a phone call and a missed message from someone. I do a Google search for the phone number and see one of the results was for a domain name I picked up for $5 plus reg fee on GD auctions.
I log in to email and see on @toughdomains I have a lowball $50 offer for that name. I responded to the offer saying...

"Hey XX, Thanks for your email and call, and txt. Just signed on to email and before giving you a buzz back and saw your email offer of $50 Will have to pass on that. As you know it is an awesome 11 year old domain and very much brandable. I am open to getting it back to you but you ave to make us a serious offer. I'm sorry you let your domain expire."

I go about my day and after a few calls, I free up and call the number back.

And wow.... he was pissed.

On one hand he was mad that I was "one of those" that stole his domain and now holding it for ransom, etc. On the other hand he needs it back immediately.

I told him sorry but you had 45 days to renew it. He then threatened legal action, and trademarks, etc. I was just getting pissed off at that point. lol.

I told him look, If GoDaddy screwed up billing, have them call me. If there is a trademark issue (which there was none filed), go through UDRP, it will cost you more.

He then offered $100. I responded no. Domain is worth far more to me... even just to park.

Was ready to hang up but then just said, look, make your offer. He responded with $250 + another domain. I rejected that as well. Countered with a mid $XXX offer and accepted.

On one hand I could of been a dick and hung on to my $2,500 asking, and he would of paid... but looks like smaller individual. Still made a sizeable flip in the short amount of time.... About 2 weeks from $13.50 to mid $XXX.

But I have to say... dealing with pissed off people like that, I think I just want to work on geo names. lol.

He should be lucky it was not picked up by HugeDomains or others with no heart. lol.

So I assume every expired domain investor has to deal with pissed off people?

 

[Ollie3000]

TM is still a TM, whether they have the domain or not if they are still in business and TM is active.
You do have to look at and see for what categories the TM was granted.

But only if you use for same purpose in their industry right? Also it seems only if they declared it as an asset during bankruptcy proceedings. So if they went bust and didn't declare the domain as an asset, then they have no claim to it. Harsh but it seems true - Grandma Powell lost her name

note....i'm not in the market for intentionally doing this, but sometimes i pick one up from the drop or expired list and once i've done proper research I find that there maybe tm issues.

 

[Kate]

A bankruptcy does not void a TM. The TM is an asset like any other, so it can can survive the failed company (or be auctioned/sold). Failed corporations are often reborn in a trimmed down form or split into several leaner entities. The assets don't just vanish.
Just because a domain expires by accident (or not), doesn't mean the holder has relinquished all rights.

 

[domeen]

recent events thats I remember from my real life experience:

1). One guy called me 2 months after domain was deleted and offered $100, because he needed the email address back. - I asked, are you serious? 2 months and you "need" it?
2). I register some local domains also, one day I got a email from my registrar that some angry "ex" domain owner stormed into theyre office and asked for the domain back. Thank god you don´t have to list your address in whois.
3). Some local talent (singer) waited for 3 years so one domain would expire and he can get it from me for reg fee. Eventaually he sent his angry boyfriend via email to ask for the domain back. We settled it at €600, I really didn´t want to get involved in some drama. The domain was registered to her maanger 3 years back, but he let it expire.
4). yesterday one guy called me and said " hey, you got this domain, lets talk a little, I am interested". I said " we can talk". I said €3000 is the price, he started laughing. And said something like, "Its too much etc.." - I HANG UP. - I am not the best salesman, I know.

This ones I can remember

 

[Jv1999]

Have I got a story for you all . . .

The other day I was checking out GD expired/closeout domains. I placed a bid, but actually lost the domain. I was able to find out who the domain originally belonged to. So I contacted that business, and its nuts what happened. The father had gone into the hospital for about 6 weeks. The son was running the business, and had no idea the website was down and had expired. I told him I would sell it back to them, but with all the fees I had accrued I would need 15k. He offered 6k. I told him 10k was my final and last offer. He accepted. Ofcourse I didnt have the domain yet. I had to negotiate with this guy in the northeast. He was kind of a jerk, and when I played the you are a thief card he caved in, and I got the domain for 500. Then I flipped it for 10k. What a week . . .


I keed I keed!

I'm pretty sure I read that trying to sell a name that is not yours is illegal. Also everything you did is pretty much shitty.

 

[Want2learn]

I'm pretty sure I read that trying to sell a name that is not yours is illegal. Also everything you did is pretty much sh*tty.

What isit with you people . . . I dont normally say you people, but Im saying you people . . . go reread . . .

 

[Jv1999]

What isit with you people . . . I dont normally say you people, but Im saying you people . . . go reread . . .

What that you first contacted the buyer agreeing to 10k for a domain you didn't even have? Or the fact that you then pretended to be the buyer and accused the seller of being a thief so you could buy the domain for 500?

If you read the shame stories people post, you'll realize that your kind isn't welcome here. And btw, the buyer happens to be a grieving family having fallen into illness. Talk about striking when they're most vulnerable

 

[Want2learn]

No that it was a freaking joke numbnut

 

[Ollie3000]

A bankruptcy does not void a TM. The TM is an asset like any other, so it can can survive the failed company (or be auctioned/sold). Failed corporations are often reborn in a trimmed down form or split into several leaner entities. The assets don't just vanish.
Just because a domain expires by accident (or not), doesn't mean the holder has relinquished all rights.

Ok, so what can I use to accurately check TM status?

 

[anantj]

Ok, so what can I use to accurately check TM status?

A IP lawyer
Seriously, if you have doubts about IPR, consult a lawyer. For any reasonably valuable domain or business, you SHOULD consult a lawyer to make sure you're legally on safe grounds.

 

[Ollie3000]

A IP lawyer
Seriously, if you have doubts about IPR, consult a lawyer. For any reasonably valuable domain or business, you SHOULD consult a lawyer to make sure you're legally on safe grounds.

Fair point, but I have seen people here dropping screen shots from TM searches they'd made. Just wondered if anyone knew somewhere good to check online

 

[Want2learn]

https://www.uspto.gov/trademark

 

[anantj]

Fair point, but I have seen people here dropping screen shots from TM searches they'd made. Just wondered if anyone knew somewhere good to check online

Yes, you can check American Trademarks at trademarkia.com and trademark247.com
There are specific sites for EU TM, India TM, Au TM as well... These are the ones that I know of. Google can help you find the specific sites as I don't remember them off the top of my head

 

[John D]

I absolutately HATE people that buy domains that someone forgot to renew.

I don't know how many I forgot about then asked for thousands for them and I paid thousands on the design already.

I think you should be ashamed.

I'd never do that to someone.

 

[Kate]

Just to be clear, we are not buying domain names because somebody forgot to renew them. We are buying the domain names for their built-in value. It's not like the former owner is being targeted personally.

 

[maksimfa]

I absolutately HATE people that buy domains that someone forgot to renew.

I don't know how many I forgot about then asked for thousands for them and I paid thousands on the design already.

I think you should be ashamed.

I'd never do that to someone.

John, but you know it is a complete, absolutely ridiculous response.

1. How do you know someone forgot to renew and did not close down the business?
2. Are you saying that all expired domains should NOT be available to anyone else?

As you know, we don't own domains, we merely own the right to use them as long as we pay the renewal fees.

Secondly, companies have more than 40 days to renew and get their domains back AFTER they expire and AFTER their emails stop working, etc. PLENTY of time.

The only ones I can see making a mistake are those for whom business is seasonal, or a part time business.

In any case, the real value of buying an expired domain is NOT trying to sell it back to the original owner, but in the value of the domain, particularly for SEO folks and private blog networks.

ie, hints... value in expiring domain, particularly if you are buying and not dropping registration is 1. domain age, 2. backlink profile. All of that juice now goes to you.

In any case, one of the only ways to get a good domain is buying at auction or a "used" domain. Very few decent names are going to be avail "never registered" and as new hand regs.

We can argue about the merits of pricing to have someone get their domain back... BUT... I see nothing wrong whatsover buying an expiring domain at auction.

 

[maksimfa]

in any case... it will not stop companies like HugeDomains picking up half of the good expiring domains and charging at least $2500 with no negotiation for them.