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?

 

[Vinod R]

Yes, the same thing happened to me, I also sold him back for $XXX. It was a .NET.
But he was not pissed off, I asked him for 2500$ he started from 50$.

 

[TauseefKhan]

Recently, i came across a story where a business owner lost his domain because it was not controlled by him. The owner's efforts to try reach the original registrant went in vain. And, the business owner just backordered that name hoping no one will get it. But, it was picked by a domainer and the business owner contacted him and got back the name for low four figures under $2000.

The domain expired because it was not the mistake of the original administrative owner but the technical head under whose email/contact the domain was rested.

The technical head of that domain was just not reachable. There are so many companies where their domain is not controlled by their owners. In this case the technical head was missing for no reason.

This was an hyphenated domain and was 20 years old. The expiration of the domain halted the website as well as the emails of the business owner. As everything is associated with a domain.

The owner and their team struggled hard from the date of expiry of the domain to its re acquisition in terms of contacting their business parties such as customers, suppliers and etc.

If they have opted the legal route, the matter would have taken them more time to get back the name. And, the loss of time is equivalent to loss of business.

For privacy reason I cannot disclose the name.

 

[Want2learn]

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!

 

[likeslikes]

I had a similar scenario with a domain name that included my own name in it (mynamedesign.com) The guy said it was trademarked, which it obviously wasn't haha. I think the whole time he was yelling at me he didn't realize it was my name too, and I had bought it to develop for myself.

 

[likeslikes]

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!

LOL you're a mad man!

 

[maksimfa]

The thing is, if the name is not trademarked... what legal rights do they actually have to it? Especially if you can potentially develop it yourself. End of the day, we don't "own" our domains... go ahead and try not paying the renewal. lol. At best we only have the "right to use" our domains.

 

[kandyan]

.

 

[Want2learn]

Hmmm.. You accused him of Thievery - Though he's not.. and

YOU JUST DID EXACTLY THAT? So who is the Thief now?

Clearly English is not your first language . . . what I wrote was a joke. @maksimfa knows and understands this

 

[kandyan]

Clearly English is not your first language . . . what I wrote was a joke. @maksimfa knows and understands this

You're VERY RIGHT.. Engilsh is not my first language..

I thought it must be a joke.. (Keed keed...)

Couldn't help my self responding to it..

Please accept my Apologies..

 

[Want2learn]

Its all good! I just wanted to make sure you understood it was a joke

 

[kandyan]

Its all good! I just wanted to make sure you understood it was a joke

I got it now..

 

[equity78]

Btw for those interested the name is XXXX XXXX Media.com

Adjective Noun Media.

Congrats on the sale and love seeing it in one of my focused niches of keywordmedia.com.

A lot of people outside the business don't understand, they only know their registrar, they think I am doing business with GoDaddy and that's the domain business.

 

[johname]

It's not your fault the previous owner didn't pay the renewal. But it is your fault the domain didn't expire so to be sitting there to be freshly re-regged by the old owner. This is what previous owners believe, and they are too skeptical to believe the mean domaimer telling them differently. When they tell you to "get a real job" There no sale from that point lol. Congratz on the sale.

 

[Ollie3000]

This brings an interesting point to mind.....

Where do we stand on TM issues if the previous owner has let the domain expire? I have registered a couple recently and people on NP have said 'tm issue' etc. But if they've not paid and let it expire then surely that means they didn't want it in the first place or they went bust and that means it's free to grab anyway?

 

[maksimfa]

This brings an interesting point to mind.....

Where do we stand on TM issues if the previous owner has let the domain expire? I have registered a couple recently and people on NP have said 'tm issue' etc. But if they've not paid and let it expire then surely that means they didn't want it in the first place or they went bust and that means it's free to grab anyway?

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.

 

[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