Need Advice On How To Open An Outbound

[staringatascreen]

I have the domain BrandName.com (obviously not this one) and there's a relatively popular ecommerce store with the domain BrandNameUSA.com. I have my doimain pointed to a uniregistry lander and I'm getting a fair amount of inquiries, but I think it's just from people looking for brandnameusa.com's website and inputting their email addresses thinking they're getting a discount or something.

Note: BrandnNameUSA is not their brand name. Their brand name is BrandName (without the USA). It's not trademarked and was owned by a very well-known place that (I think) had intended to use the domain as a link to their store (but they never did). That's why BrandName had to register BrandNameUSA.com instead of BrandName.com.. That domain dropped and I picked it up.

So it seems like this is a likely place to send an outbound offer. I think I'm sending lots of price quotes to their customers, which seems like a bad idea. I've quoted this name anywhere from 5k to 15k. First question, is this a reasonable price for a (seemingly) successful ecommerce store?

Second question, how should I go about this email? The Whois has a student email address, which I'm not sure is a good place to send it. I've looked for a better email address but can't come up with anything. I also feel like I'm running up against a lot of spam filters whenever I send an outbound email. I haven't had very much success with any outbound emails, but I feel like this is a pretty obvious one to do.

Any help is greatly appreciated. Thank you.

 

[garptrader]

If you are willing to sell for low $XXX you could send a quick email to the Whois or website contact. If you are asking for $5k+ outbound could set you up for a UDRP filing. Wait for them to come to you.

 

[Lysted]

Agree, considering that it is a freshly registered name, sending out 'outbound' email would clearly show the 'intent' (of bad faith). Would recommend that you immediately set up a page with some content (in the domain other than the other site has it). Let it sit for and wait for the offer.

 

[RCO]

I agree with the above comments, good things come to those who wait

 

[staringatascreen]

Sounds like waiting is the way to go here....

 

[Fuadiansyah]

If you are willing to sell for low $XXX you could send a quick email to the Whois or website contact. If you are asking for $5k+ outbound could set you up for a UDRP filing. Wait for them to come to you.

Even they don't have any trademark? Could they still filed UDRP and win?

Agree, considering that it is a freshly registered name, sending out 'outbound' email would clearly show the 'intent' (of bad faith). Would recommend that you immediately set up a page with some content (in the domain other than the other site has it). Let it sit for and wait for the offer.

What if the name was acquired from expired domain auction?

 

[Fuadiansyah]

@staringatascreen You could find the linkedin profile of their decision maker and use contactout.io or zoominfo.com chrome extension to reveal their email address...

 

[Fuadiansyah]

The examples given in the Policy of registration and use in bad faith are as follows:

a. Registrant has registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of documented out-of pocket costs directly related to the domain name; or

b. Registrant has registered the domain name in order to prevent the trademark holder or service mark from reflecting the mark in a corresponding domain name, provided that Registrant has engaged in a pattern of such conduct; or

c. Registrant registered the domain name primarily for the purpose of disrupting the business of a competitor; or

d. By using the domain name Registrant has intentionally attempted to attract for commercial gain, Internet users to Registrant's web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of Registrant's web site or location or of a product or service on that web site or location.

Source: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-0033

In my opinion, as long they don't have any trademark, they cannot filed UDRP. But you have to make sure, they do not have that trademark. Check http://www.wipo.int/branddb/en/ for comprehensive and worldwide trademark check.

But, for safety reason, your offer should be not more than, maybe, $2000 cause it's cheaper than the cost to file UDRP I think...

 

[staringatascreen]

Source: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-0033

In my opinion, as long they don't have any trademark, they cannot filed UDRP. But you have to make sure, they do not have that trademark. Check http://www.wipo.int/branddb/en/ for comprehensive and worldwide trademark check.

But, for safety reason, your offer should be not more than, maybe, $2000 cause it's cheaper than the cost to file UDRP I think...

Yeah, I did check and it isn't registered. Kind of surprising though considering how long it's been around. I was thinking that maybe me asking them would trigger them getting the trademark and having them udrp me...

But I'd still take 2000...

 

[Lysted]

What if the name was acquired from expired domain auction?

Do not think it matters how it was acquired. The current registrant has to defend the name. Same is true for the name bought from someone.

Source: http://www.wipo.int/amc/en/domains/search/text.jsp?case=D2016-0033

You have to carefully look at point D. It is about the intent and does not require one to have trademark. Imagine a scenario, if they file a patent claiming its real use - then the domain registered after that period (since they started using it) - shows the intent of bad faith.

 

[Fuadiansyah]

Do not think it matters how it was acquired. The current registrant has to defend the name. Same is true for the name bought from someone.

You have to carefully look at point D. It is about the intent and does not require one to have trademark. Imagine a scenario, if they file a patent claiming its real use - then the domain registered after that period (since they started using it) - shows the intent of bad faith.

OK, but what I understand from point D. It's the intent of the domain owner to use the domain as a website to gain such as affiliate earning by redirect it to their affiliate page or using it as service site to make money on them, e.g facebooklikes.com used for a paid service to get facebook likes.

If registering or purchasing related domain still considered dangerous even they don't have trademark on it, so, these tips from Michael Cyger and Omar & Will also considered dangerous?

The Super Simple Secret to Investing in Domain Names -- (Michael said "there are a bunch of companies that are using sub-optimal domain names in — for example — companies who have prepended or appended words like “my”, “group” or “inc” (USA in this context) into their domain name.")

How To Choose Valuable Domain Names – 5 Tips To See If A Domain Name You Want Is Worth Buying -- Tips #4

I personally have sold domain by doing outbound email to a company that has appended "brand" on their domain and they don't have any trademark. So, the price should be lower than $2000 to be in safety zone if doing outbound instead of waiting for inbound offer. Even waiting for inbound offer still dangerous if your scenario happened. It depends on our luck and their ethic. For example, they still can perform reverse domain name hijacking if their lawyer is a bastard one...