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New company wants to buy my old domain name.

Labeled as question in Domain Buying and Selling Discussion started by namexf, Dec 21, 2019.

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  1. namexf

    namexf Established Member

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    Hi guys.
    I am new to this.
    I will try to simplify.
    I own a .com domain name from many many years. Its been parked all this time.
    Now a new company has contacted me and they want to buy it from me.
    This company's name is the same as my domain name. And they have recently registered a local domain
    with that name. But they are interested on buying the .com version (from me).
    The key point is that I registered the domain name before this company even existed with this name.

    Is there a risk that they could forcefully take it away from me if I try to negotiate a price that it is too high?

    I am open to sell it but I would like to know how much can I ask.

    Thanks in advance.
     
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  2. Lord Antares

    Lord Antares Top Contributor VIP

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    No, they cannot take the domain away from you. The question how much you can ask for the domain is senseless without sharing the name.
     
  3. namexf

    namexf Established Member

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    Hello Lord Antares. Thanks for your reply.
    Are you sure they cannot take it from me? Consider that:
    -They have probably trademarked the name.
    -Also, the name could be considered a non generic word. Although this is debatable. It is a word that it is in the dictionary but modified with a generic suffix. I think it is generic but they could argue that it is not.

    The name is very good. I would like to keep it but I fear they could attack me and take it away from me by force if I don't agree with them.
     
    Last edited: Dec 21, 2019
  4. namexf

    namexf Established Member

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    I am contradicting myself. First i said i am open to sell it. But later i said i would like to keep it. I am confused. :xf.confused:
     
  5. korganian

    korganian Top Contributor VIP ★★★★★★★★★★

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    Just make sure you don't show any ads relating to them or anything that would confuse consumers to think you are them.
     
  6. Lord Antares

    Lord Antares Top Contributor VIP

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    If that was the case, then you could:

    1) find a profitable company without a trademark to their name
    2) make a trademark of their exact name
    3) take their domain away and hold it for ransom
    4) ???
    5) profit

    If your ownership of the domain predates their trademark, then you should be good.
     
  7. namexf

    namexf Established Member

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    No problem. I will avoid any confusion.
    All this time it has been parked and without even a parking page.
     
  8. namexf

    namexf Established Member

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    Haha. Sorry. I don't understand your plan. But it sounds mean.
     
    Last edited: Dec 21, 2019
  9. namexf

    namexf Established Member

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    I have just checked and they have indeed registered the trademark for that name but registration is very recent.
     
  10. Bob Hawkes

    Bob Hawkes formerly MetBob NameTalent Gold Account VIP Trusted Blogger

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    Welcome to NamePros @namexf

    Your question is essentially legal re UDRP or URS possibility, as well as about selling, so you might want to consider posting in legal section.

    Only a legal expert can provide definitive advice, so don't depend much on opinions of people like me. Here are my reflections..
    • Remember that a company can have rights to a name established through use prior to the date of formal registration. It is good you had name prior to TM registration but don't overly depend on that.
    • As others mentioned make sure no use of name in any way related to TM holder - like no parking that might have links to them.
    • A TM is in general awarded in a use category. Not clear to me how general purpose name is.
    Bob
     
  11. john888

    john888 Established Member

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    If they have registered a trademark then they will want your dot com. If you don't want to sell then tell them not for sale. If you want to sell research how much money they have available to spend and price accordingly. If it is a local plumbing company they will not pay much. If they are a new tech company then possibly pay much more. You can ask for their offer to get things rolling. Use namebio to check similar domains that have sold for pricing. If you get a UDRP suck it up and defend yourself. Have fun deal making.
     
  12. namexf

    namexf Established Member

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    You guys are giving very interesting replies.
    I am not sure I understand your third point though. Do you mean that the fact that they were able to register a trademark for this name means that this name is not a generic word??
    But "apple" is a generic word and it is also a registered trademark isn't it?
    Also Alibaba is a classical name and it is a registered trademark too.

    My domain name would be like "appleist".
    Lets suppose I purchased the domain appleist.com and afterwards a company is created with that name and trademark.
     
  13. namexf

    namexf Established Member

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    It looks like a middle-sized industrial, relatively hi tech, company. I will check their website next Monday. (If i check on weekend they could be waiting for me lol).

    Now i see they are not really a new company. They had a different name before and just adopted a new name recently. My name!
     
    Last edited: Dec 22, 2019
  14. Mister Funsky

    Mister Funsky Top Contributor VIP

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    They can try to take your name but its not likely they would succeed. As someone said above, now is the time to make sure any monetization of the name would not cause a conflict with what they sell or offer.

    It looks like you have just had it on a landing page so, if I were you, use Epik or anyone else offering you a free marketplace listing and without any hoopla or sales pitch, simply park the name with a 'make offer' button and wait.

    If I were in this situation, I would not interact with them anymore (something could inadvertently be said or typed that could be used by them if they got nasty) in a casual manner. If they contact you through the same channel as before, politely and professionally tell them that any further offers or contact needs to come thru the landing page.
     
  15. namexf

    namexf Established Member

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    Yes, very wise. In fact my registrar offers a landing page with functionality that allows me to sell my domain. Receive offers etc
    And they have a marketplace: a listing of all domains that are on sale.
     
  16. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    Did they send you an offer? Or did they just say is the name available for sale? Regardless, make sure you dont delete these correspondence as it is very important.
     
  17. namexf

    namexf Established Member

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    Hi. They said they were interested to buy it and politely asked if i would like to make a sell offer. There was no threat.
     
    Last edited: Dec 22, 2019
  18. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    You dont make an offer, you quote a price. You might as well ask them to send their best offer before you send any offer. Also , what email are they using and who is communicating with you? These are important details you need to keep.
     
  19. namexf

    namexf Established Member

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    The contact person looks legit. He wrote using the company's email address. And stated his name. He said he was the systems manager.
    Okay. I see a "quote" is a legally binding price. Thanks for the tip.
     
    Last edited: Dec 22, 2019
  20. Abdullah Abdullah

    Abdullah Abdullah Top Contributor VIP

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    Great then. Do not delete these correspondences at all.
     
  21. namexf

    namexf Established Member

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    Okay. I normally keep all my emails.
     
  22. nameaura

    nameaura NameHunk.com

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    If that domain you not using better sale them for some money ask the money you want negotiate and deal is done.
     
  23. namexf

    namexf Established Member

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    If the price is attractive that indeed could be a wise choice.
     
  24. namexf

    namexf Established Member

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    Another issue is that my domain has a "cloacked" whois (by my registrar). I chose this to avoid reverse whoises (on my person name to expose my other domains).
    Thus, the person who contacted me used a "cloacking email address".
    Should i contact him revealing my real identity and email address? Or should i use a cloacking address again before any deal is done? (I dont know if this is even possible from my side, i will have to check my registrar for this).
     
    Last edited: Dec 22, 2019
  25. nameaura

    nameaura NameHunk.com

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