Need Help!!

[xabela]

Hello,

I recived an e-mail asking about one name of mine (I cant tell wich name is), and they seem to be very interested about it.
My domain its a premium name, about xxx,xxx - x,xxx,xxx euros easily.

I bought before that name becouse I wanted it to develope a project.

The first email I recived I told them that my name wasn´t for sale.

They replied me, and I explained them that I needed that name for my project.

Now they want me to ask them a price.

My question is this: if I ask them a price could they use this to say that I am especulating with the name and try to get the name by the WIPO? (in case that their intentions would be in that way)

Thanks

 

[beaver6813]

Simple. If its not for sale, don't give it to them. If it is then ask for offers. But you need to think to yourself whether you want to and are in a position to sell before asking for offers or setting a price.

Do you really need the domain and will it benefit you more than selling it?
If not, then ask for offers and set prices etc and push selling it.

 

[Kate]

My question is this: if I ask them a price could they use this to say that I am especulating with the name and try to get the name by the WIPO? (in case that their intentions would be in that way)

Well you did not ask anything, they pushed you for a quote. And there is nothing wrong with speculating with domains. You have the right to sell or decline to sell.
They need a valid reason like TM infringement to initiate WIPO against you.
If there were any issue with the name it is likely they would be making threats instead of offering to purchase the domain.

 

[xabela]

Thanks for your replies very useful

 

[IAmAllanShore]

But not entirely correct...

UDRP's require a showing of bad faith, and one way of bad faith being shown is by asking for prices that are not reasonably justifiable.

WIPO or elsewhere, them asking for a price is not carte blanche for you to do what you want in regards to selling/making offers.

If you think you have over a million dollar domain (Yeah yeah, we all do, so I won't poke too much fun at you for that one ) then it would be well worth your time to invest a few thousand in a good attorney.

Online posturing: $39 a month in access.
Being reasonably prudent: priceless :tu:

-Allan :gl:

 

[StoneRoses]

I agree with IamAllanShore,

and if it were me, i would not send them an asking price back, as it could provide the ammunition needed to proceed with a dispute.
You say you bought the name for a project,however,how long have you had it?,how far along with the project are you?,what enquiries have you made with regards to setting up the project and to whom?.
I am playing devils advocate here,but if i wanted your domain badly enough, the fact you have even offered the domain for sale + at a huge price,add to that the fact you have not done anything with the name could be enough for a decision to go against you,throw in a similiar tm or "confusingly similiar business" and you are on thin ice,a decision could go either way.

I personally would not want to give them anything they could use against me,if they want the domain,they know how much they want it and they can make you a binding offer, if you tell them the domain isn't for sale again and they then open a dispute anyway,you can point to the fact you have told them twice that it isn't for sale and this helps you counteract the bad faith aspect of decison making,it is easier to prove that you genuinally intend to use the name as a project if you have refused to even discuss the possibility of selling your name.
If they are serious about purchasing the name,they know who they are and how to get hold of you in the future,if not then you have lost nothing and can proceed with developing your project.
But as Allan said it may be worth a few thousand to let your attorney deal with all offers and requests for the domain in the future.
AIMHO
Thanks