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.

 

[namexf]

This is just crazy. You've been told that your domain registration supercedes their TM, by several people. So why are you persisting with these selfwarming/washing socks ideas? This really is my last comment in this, which has become, a stupid thread, IMHO.

I hope you are right.

Just to clarify, my comment was not meant to comment in any way on the status of this particular domain name. Clearly it has numerous factors in its favour as you say. Rather I just wanted to make sure that readers did not think that because they come up with a personal plan for a domain name, that privately held plan, without evidence of some specific and verifiable action, is not deemed legitimate use by URS and UDRP panels. Clearly it is a different situation if the business is in operation, or the plan has involved other verifiable steps, such as business registration, consulting contracts, etc.

For example earlier this year the BCG(.)top loss in URS there was as I understand it no monetization at all, no use of domain that in any way involved the complainant, and the owner claimed and showed an early website (although some question re date) and personal notes for a plan for use, but still the domain name was lost even though literally hundreds of possible uses for the three letter acronym. Was that right? Not in my opinion, but it is now another precedent for such determinations. Itt seems to me UDRP and URS precedents got widened a lot in 2019.

As I said, this is not to say anything specific on this domain name. But don't think coming up with a plan for a domain name is enough for panels to rule that you have a legitimate use for it.

Bob

But Bob, this BCG case has nothing to do with my case! BCG is not a dictionary word and besides, the company was very prior to the domain site. The company was a big old company created in 1967. Even more, they already had the BCG.com domain.
Then another guy registered BCG.com.au in 2017!! And he had the udrp and lost. Its logical.

 

[namexf]

Let us know if it sells. It doesn’t seem you are really trying to sell a domain just chat. I would not submit an offer but make a buy it now button. They want it they make an offer.

Yes, i agree. My "offer" will be done by a buy it now button.

 

[namexf]

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

 

[Bob Hawkes]

But Bob, this BCG case has nothing to do with my case! BCG is not a dictionary word and besides, the company was very prior to the domain site. The company was a big old company created in 1967. Even more, they already had the BCG.com domain.

I did not say it was. And it's not the UDRP re au but the URS re top I quoted. My reference was only to the idea that it is enough to say you plan to use a domain for some purpose. That is not enough to hold any weight unless you actually use it or have externally verifiable steps toward that use.

If they have an electrical product they are selling, then just tell them to get stuffed because you are about to launch a new range of socks. That's that bit sorted

I just did not want the impression left for other cases that is all you need. But as I said before, all our nonlegal opinions are exactly that.

Bob

 

[BrandEntrance.com]

This is just crazy. You've been told that your domain registration supercedes their TM, by several people. So why are you persisting with these selfwarming/washing socks ideas? This really is my last comment in this, which has become, a stupid thread, IMHO.

He was told this because many companies will try to twist one's arm with their 'fake' rights to the domain.

 

[BrandEntrance.com]

Just to clarify, my comment was not meant to comment in any way on the status of this particular domain name. Clearly it has numerous factors in its favour as you say. Rather I just wanted to make sure that readers did not think that because they come up with a personal plan for a domain name, that privately held plan, without evidence of some specific and verifiable action, is not deemed legitimate use by URS and UDRP panels. Clearly it is a different situation if the business is in operation, or the plan has involved other verifiable steps, such as business registration, consulting contracts, etc.

For example earlier this year the BCG(.)top loss in URS there was as I understand it no monetization at all, no use of domain that in any way involved the complainant, and the owner claimed and showed an early website (although some question re date) and personal notes for a plan for use, but still the domain name was lost even though literally hundreds of possible uses for the three letter acronym. Was that right? Not in my opinion, but it is now another precedent for such determinations. Itt seems to me UDRP and URS precedents got widened a lot in 2019.

As I said, this is not to say anything specific on this domain name. But don't think coming up with a plan for a domain name is enough for panels to rule that you have a legitimate use for it.

Bob

These guys?


Purpose at BCG: Leading, with Integrity

https://www.linkedin.com/pulse/bcgs-purpose-leading-integrity-rich-lesser/?published=t

If it is then he just opened the door for a barrage of disdain from the domainer community.

 

[Bob Hawkes]

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.​

From https://cyber.harvard.edu/udrp/opinion/itext.html

It is the demonstrable preparation that is key and really requires a legal opinion if that is basis of defence. A legal expert reads the whole situation carefully and looks at all precedents. People like us who post on a forum, not so much, in my opinion.

By the way I was wrong re the BCG .top URS, not about decision but my memory re evidence of preparation. The name had not been used at all. Here is a discussion of that case.
https://domaininvesting.com/bcg-top-urs-decision-is-surprising/

I do recall the argument of notes and trial website not enough to demonstrate preparation for use from some case but clearly not this one. Which sort of supports my point - don't depend on forums for legal opinions. People like me who post may get things not quite right.

Bob

 

[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]

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.

Yes, you are probably right. But they asked me for an offer first. Thats why i told them that i would make an offer in the next days.

 

[ksusha64]

Get the highest price u can my friend!!!!! Good luck

 

[carob]

Yes, you are probably right. But they asked me for an offer first. Thats why i told them that i would make an offer in the next days.

You can change that, just giving them a floor price is "making an offer". You are offering to let them make an offer. And you can always drag it out by saying you need to consult a third party. Nothing will happen in a rush in the holiday/newyears period.

There are plenty of threads on here about negotiating if you want to read more - but the key thing you need to know is what is the lowest price you would accept. The other party probably knows their maximum and what price they are willing to open with and will hope to pay as little as possible - can you blame them?

 

[BlackCatsAreNice]

People, stop believing this "demonstrable use" angle. And to the people peddling and pushing it, please stop spreading misinformation.

Again, for the 29th time, message to all domainers of good will:

If you registered the domain BEFORE the trademark/first use case: YOU ARE GOLDEN.

You don't have to have plans to use the domain. You are the legal, rightful owner with full weight of law on your side.

 

[john888]

Yes, you are probably right. But they asked me for an offer first. Thats why i told them that i would make an offer in the next days.

If they contacted you, you give them a sale price. This is the top price you will get from them. They then buy, or counter offer and you bring your sale price down. You are not at their beck and call since they initially contacted you.

 

[namexf]

You can change that, just giving them a floor price is "making an offer". You are offering to let them make an offer. And you can always drag it out by saying you need to consult a third party. Nothing will happen in a rush in the holiday/newyears period.

There are plenty of threads on here about negotiating if you want to read more - but the key thing you need to know is what is the lowest price you would accept. The other party probably knows their maximum and what price they are willing to open with and will hope to pay as little as possible - can you blame them?

I feel more attracted to john888's approach. To quote a price and stick to it or go down a bit. As he says, they contacted me. And i also would like to keep my domain.
So i am not afraid if they don't come back.

But i can be flexible in the paying method. I could offer to lease the domain to them.

People, stop believing this "demonstrable use" angle. And to the people peddling and pushing it, please stop spreading misinformation.

Again, for the 29th time, message to all domainers of good will:

If you registered the domain BEFORE the trademark/first use case: YOU ARE GOLDEN.

You don't have to have plans to use the domain. You are the legal, rightful owner with full weight of law on your side.

Yes, i agree.

If they contacted you, you give them a sale price. This is the top price you will get from them. They then buy, or counter offer and you bring your sale price down. You are not at their beck and call since they initially contacted you.

Yes, i prefer this approach. I think i will quote a price and will stick to it. With a small discount maybe.
This is how grocery shops work. Lol.

If they think the price is too high, i could lease the domain with buy option...

 

[Ja Kai]

I feel more attracted to john888's approach. To quote a price and stick to it or go down a bit. As he says, they contacted me. And i also would like to keep my domain.
So i am not afraid if they don't come back.

But i can be flexible in the paying method. I could offer to lease the domain to them.



Yes, i agree.



Yes, i prefer this approach. I think i will quote a price and will stick to it. With a small discount maybe.
This is how grocery shops work. Lol.

If they think the price is too high, i could lease the domain with buy option...

Bruh, AS MY FIRST POST SAID, "SHIT, OR GET OFF THE POT".

You have wasted so much time here. Nothing has been accomplished, except you have drained the souls of many.

Stop talking about this and get it done - or, don't get it done.

 

[BlackCatsAreNice]

Wouldn't it be funny if it turns out he owns nothing? Just a pair of dirty socks. Not even the self warming kind.

 

[namexf]

Wouldn't it be funny if it turns out he owns nothing? Just a pair of dirty socks. Not even the self warming kind.

That would qualify as supreme trolling.

I don't understand all this impatience.
I use to participate in forums where we have hundreds of pages per thread.

 

[Ja Kai]

That would qualify as supreme trolling.

Stick to whatever it is you are good at....seriously. This niche isn't for you.

 

[BlackCatsAreNice]

That would qualify as supreme trolling.

If that's the case, hats off to you. You are master level.

 

[Simpsonrocket]

And this guy haven't made any move on selling the domain?

 

[namexf]

Not yet.

 

[Simpsonrocket]

Just send your quote, something above what you'll be happy with. If they agree fine. If they don't then negotiate to the price you will be happy with

 

[Simpsonrocket]

If you will be happy to accept $5000 send them a $10000 quote. If they agree fine, if they don't negotiate till you reach $5000 and stick to that

 

[Simpsonrocket]

All this your procrastination ain't necessary

 

[namexf]

All this your procrastination ain't necessary

No more procrastination. I know how it works now.