question Owner offered $XXX or legal process

[Bogdan]

Hi, pros. I need urgent advice.
Recently, I regged domain and made outbound to 3d studio with short exact match name.
They have responded, that they willing to get it for $XXX, othervise they will:
"...start a legal process to recover that domain which legally belongs to us as is a registered brand". But I have not found any registered TM for this name. Will PM with the name if needed.
Your thoughts, guys?

 

[johnnie018]

The word spam is very broad and subjective. All of the pros do outbound. It won't be viewed as spam if the message you are sending is personalized to a particular person in the company you are contacting and addresses them personally about why they need the domain you are offering.

Nobody who sends spam thinks they are spamming, Always reason why their spam is ok but others not ok!

 

[equity78]

The word spam is very broad and subjective. All of the pros do outbound. It won't be viewed as spam if the message you are sending is personalized to a particular person in the company you are contacting and addresses them personally about why they need the domain you are offering.

Exactly and here is the deal, people who don't ever want to receive an email call all emails they receive SPAM. Cool story bro, not true but whatever helps you sleep at night. Outbound does not = SPAM

From the FTC website in a Q&A where someone asked about emailing a list they purchased. While buying lists is not recommended the first part of the reply from the FTC is what matters if you are starting out.

The CAN-SPAM Act doesn’t require initiators of commercial email to get recipients’ consent before sending them commercial email. In other words, there is no opt-in requirement. So in general, as long as you follow the “initiator” requirements of the Act, you can send email until the recipient asks to opt out.

https://www.ftc.gov/news-events/blogs/business-blog/2015/08/candid-answers-can-spam-questions

The rule is not hard to follow, The Rule requires that a commercial e-mail contain accurate header and subject lines, identify itself as an advertisement, include a valid physical address, and offer recipients a way to opt out of future messages.

 

[Winfluence]

Nobody who sends spam thinks they are spamming, Always reason why their spam is ok but others not ok!

You are in the wrong industry if you do not believe in out bound sales. Sorry to say. Some get by only from just waiting for inbound but that is not common practice by the most successful domain sales veterans and by the most successful people in sales in general. The Sales industry consists of outbound, period, otherwise it is not sales...You are simply a merchant if you depend only on inbound, not a salesman.

Whatever works for you!

 

[Keral_Patel]

If I get an email like this I would opt for legal process in a blink of an eye.

Should be fun.

 

[johnnie018]

You are in the wrong industry if you do not believe in out bound sales. Sorry to say. Some get by only from just waiting for inbound but that is not common practice by the most successful domain sales veterans and by the most successful people in sales in general. The Sales industry consists of outbound, period, otherwise it is not sales...You are simply a merchant if you depend only on inbound, not a salesman.

Whatever works for you!

What you talk about, you think most sales are generated by spamming?

Which successful domain sales veterans get sales mainly from sending spam?? That is for anonymous people in China. What internet business makes money from spamming? They be closed down if they spam.

 

[jberryhill]

I read that it is expensive to file for a UDRP so many companies won't bother once they realize how expensive it is and will sometimes change their mind and buy it, realizing it's less trouble than a UDRP. Is that true??

Where did you read that?

common practice by the most successful domain sales veterans

Oh really? Who?

Name these "most successful domain sales veterans" you are talking about.

 

[karmaco]

Suggesting that top domainers need to outbound is ludicrous. Good names sell themselves and generate interest on their own. And if you sell a name it is a sale no matter whether it is inbound or outbound.

I happen to agree that contacting people to sell a name is generally unsolicited spam just like any other spam selling something.

The people who are routinely successful at outbound are pulling in modest profits most of the time under $2K and most of the time XXX. So I’d hardly judge outbound as some pillar of financial success. It is one avenue and frankly it puts the other person in the drivers seat so sales will naturally be as low as they can get you to go.


Another benefit to not doing outbound is not getting threatened with a UDRP like this thread and so many others.

 

[NamesCost]

The cost of a UDRP can be something useful to consider when pricing or dealing with offers for certain domains and is worth considering before you counter to such threats.

 

[alcy]

there are np members who openly said in various threads that one should not even be refered to as a domainer, unless he is doing outbound on his domains... as in... relying mostly or even exclusively on outbound for his sales.

 

[BrandEntrance.com]

I'm confused, is the EU TM still valid?

I checked against dronePhone.co which I registered. LG is developing one now.
It stated clearly in the status of the Chinese company that one had this trademark that it was now "ended". TM View

Was the trademark you were talking about active or ended?

 

[jberryhill]

I checked against dronePhone.co which I registered. LG is developing one now.?

Umm... I don't know how to break this to you, but that is a joke, and it is an over two year old joke.

I mean, you do realize... there is no way that can work as shown... right?

https://brandinginasia.com/lgs-drone-phone/
LG’s Flying ‘Drone Phone’ Ad is a Hillarious Supercharged Spoof

Have you tried the Google self-driving bicycle?

 

[BrandEntrance.com]

Oh dear. Car's will never fly either. It's still ok for me to have for my drone collection.

I have no idea why they would joke about it.

Ever see the movie Dune with the hovering lamps?

 

[ClankityClack]

Is it for 3DS Max, originally named 3D Studio, which is a well-known (and trademarked) 3D animation software used by many animation studios?

 

[VaibhavA]

If it's a LIVE trademark, ask the owner to pay 1400$, its still 100$ less than UDRP fees + Attorney fees (If any).

 

[alcy]

If it's a LIVE trademark, ask the owner to pay 1400$, its still 100$ less than UDRP fees + Attorney fees (If any).

pretty sure it's over after 6yr

 

[ClankityClack]

3D Studio should have already owned it, if they're concerned about someone violating their trademark. They were stupid. They should have to pay for their stupidity.