question New company wants to buy my old domain name.

[namexf]

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.

 

[Bob Hawkes]

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

 

[korganian]

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

 

[Mister Funsky]

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

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.

 

[john888]

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.

 

[Abdullah Abdullah]

Hi. They said they were interested to buy it and politely asked if i would like to make an offer.

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.

 

[Lord Antares]

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.

 

[Lord Antares]

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.

 

[Abdullah Abdullah]

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.

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.

 

[xynames]

Typically such domains sell for higher than what they might be worth in a vacuum but not significantly higher. You seem to be grounded in your expectations.

For example I’ve sold four or five character domains (dot com) for great prices when I realized the buyer was a large corporation and needed the domain for a particular purpose or existing campaign, but in all such cases the domain was worth a fair amount on its own - in other words useful to many potential buyers not just one.

Only a spendthrift company would spend a lot on a domain they know is worthless to anyone else.

 

[Silentptnr]

You should think about why you bought the name in the first place. Were you planning to develop it, or were you hoping to sell it?

Sometimes we get attached to our domain names and this attachment prevents us from doing what we would otherwise know is best.

In most cases, offers come rarely.

Figure a price that you would not regret later. Ignore namebio sales, etc. It's about what makes you feel good.

Ask the prospect to submit their "best offer". Either counter their offer or accept.

In no time at all, the domain will be a fond memory and you will have moved on to other names.

Great domain investors buy and sell without hesitation or emotion. They understand that there will always be "another name". Another love. Another payday.

 

[BaileyUK]

These type of situations (The one you find yourself in at the moment) are usually the icing on the cake as far as domaining goes. That being they are usually the most profitable, the easiest to conclude and most satisfying.

So that said, Quite often the hardest part is not the negotiations as such, But deciding on the price point at which your willing to sell, my advice is do try to come to a Price in your own mind that your willing to sell. And I do mean really dig-down into the market for this particular type of domain, Look for all the reasons to justify your asking price, It takes quite a bit of work to hit that 'Comfort-Point' but when you have achieved that, you'll be far more comfortable in your negotiations and more confident in any correspondence, you can even share some of that knowledge with this potential purchaser, secure in the knowledge that you've done your homework. Buyers whatever their preconceptions are usually willing to acknowledge fact based counter arguments and opinions - particularly if the inquiry comes from a professional organisation .

The final piece, you have already acknowledged and that is that this is a Single opportunity sale. ie the one 'potential' buyer scenario, Don't be scared of that as it is more often the case in all sales negotiations (unless it's a generic descriptive) Just remember to build-up your confidence in your 'Justifiable' asking price and play to that strength - the rest of the negotiation usually follows on quite easily

 

[MapleDots]

To the OP

Forget all the asking for advice and engage your client.
You have a best case scenario, an exact match domain and a company that asked you for a purchase.

Do some research as to the value of the domain and engage the company in good faith.
Chances are you're overthinking it and you have a genuine offer.

If the name is older than the company chances are their lawyers have already advised them it would be difficult to get the name any other way, and that is why they contacted you for a purchase.

If anything untoward should happen worry about it then and get legal advice thereof.

PS. Mention nothing in your negotiation, no history, no stories.. just quote a price.
Remember that loose lips sink ships and all the end user needs to know is your price.

Good luck

 

[Abdullah Abdullah]

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.

Great then. Do not delete these correspondences at all.

 

[john888]

Do not post the name here. Others may want to get in the middle of your sale and mess it up. Do not invite the buyer here since he will take you for a fool. Let him sweat for 2 days and get some research done. Ask him for his offer he might offer 10k then come back and get more advise if needed.

 

[dande]

1. You want to sell this domain.

2. The interested party want to buy this domain.

I don't think there's much rocket science here. Quote any price you think you'll be okay with and let the negotiation begins.

The more you delay, the less interested the deal may becomes. Sometimes, you get the best deal when the excitement is still there.

 

[Cdomains]

I can confirm that my name is a dictionary word. When i search in the Wiktionary. It has its own entry.
Looks to me that this is very important and a great advantage.

Wiktionary is more of a curated, web dictionary than a true, official dictionary.

If your name does not appear in a "real" dictionary, it is not a true "dictionary" domain.

This does not mean it does not have value of course.

Many made up words, having value as a domain name, appear in the Wiktionary.

But the type of "dictionary" domains most domainers talk about are the ones

appearing in a true dictionary.

 

[MapleDots]

too many cooks in the kitchen.... bound to spoil the recipe

 

[carob]

Another detail of my case.
This interested buyer also registered the domain .com.xx (xx being the country specific code).
Is this legit? They did this also after i registered the .com

They can register it in any extension they like, unless country restrictions prohibit the registration.

If they are grabbing all these extensions they do sound interested. This thread is getting over complicated and repetitive, but I'll say again I would ask them to make an opening offer, even say that since I have the domain for a project I wasn't planning to sell it and am looking for a strong five figure offer to compensate me for giving it up.

Once you yourself set an asking price, the only way is down.

And yes if you do demand to much anyone can decide its not worth it and walk away. But they have nothing to lose by starting as low as possible or trying to bluff you into handing it over in a hurry.

 

[namexf]

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.

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.

 

[namexf]

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.

 

[namexf]

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

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

 

[namexf]

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

 

[namexf]

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.

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!

 

[namexf]

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.

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.