advice Received offer for Major TV show domain...how to price?

[BobLablaw]

Hi,

A few years ago I registered the .com domain for a major TV show owned by one of the big streaming services (Netflix, Hulu, or Amazon).

I recently had a (legitimate) domain management company reach out asking if I was interested in selling. I replied that I wasn't unless the price was substantial, they replied with $1k. At that price I wasn't interested & didn't reply. They wrote again asking for a follow-up.

I don't need the money, but also realize that if it's worth something substantial, I should probably consider it.

So I guess the question is: "how do I valuate a big TV show .com, particularly to a domain management company who reach out asking about it?"

 

[Nametree]

Was the TV show big/known when you registered it? Is the name uniquely associated with the show or could it be applied to other uses?

If it's a known trademark which it sounds like it might be, you're in UDRP territory. If you come back with a $50k counteroffer, my guess is they'll either look away, or file a UDRP to try to take it from you (and likely succeed). A UDRP costs a few grand to file, so my guess is if you went back with a $2-3k counteroffer it may work.

If it's a generic domain, calculations are of course different.

 

[karmaco]

Did you register the domain after the show started? Because if so that looks like classic cyber squatting. I would tread very carefully if I was you, even consult a domain attorney.

If that domain means nothing except to them who else is ever going to buy it? Set a reasonable BIN or continue to ignore and never sell it and possibly lose it legally.

 

[BobLablaw]

Many thanks for the advice, I appreciate it. If it wasn't obvious, I've not sold domains before.

When I initially bought it, I intended to build out a fansite (and still do if I ever find the time). I've never sold a domain & never really intended to - the few I own are all for actual use.

If I were to actually build out the site [without intention of selling it], could it still be yoinked away by UDPR?

 

[Shawn T]

As long as you're cyber squatting on their intellectual property, they always have the option to UDRP and yoink it from you.

Check if the name is copyrighted and if it is, and you still want a sale, I'll definitely not recommend ignoring them and try to respond with a price not too far off the price to raise a UDRP dispute.

Of course, there will be some who might take a gamble and go for a moon shot in pricing still.

 

[gilescoley]

If you get an inquiry and they make an offer, why would you not reply? This is the worst thing to do and not very professional.

I would also be very careful of trademarks, they could be testing the waters too. If you try and sell it to them and its TM'd, they have ammo they need to file a UDRP against you.

 

[BobLablaw]

Many thanks.

I genuinely didn't buy the domain with the intent to sell. Assuming the price would likely be in the $1-3k range, I'd prefer to keep & build a site on it.

With that in mind, I guess my final question is: assuming I genuinely wish to build the site, I'm guessing my best way of ensuring I'm not wrongly UDRP'ed is to send it live as soon as I can & politely decline the offer?

 

[Ategy]

The above advice is pretty good.

Basically the moment you make $0.01 off their trademark, as long as that trademark is specific enough that a UDRP panellist or judge thinks you've made even one cent off the reputation they build for themselves on that trademark .. then you are infringing on trademark rules and laws and yes .. are indeed cybersquatting.

That one cent could be in advertising directly or indirectly .. as well as selling the domain .. including selling it to them.

So if the show's name is unique enough, the only reason they likely offered you $1000, is because it's cheaper than a UDRP .. they also asked because if you do reply "I wasn't unless the price was substantial" then they already have the proof they need that you were trying to profit from the domain.

On the other hand .. if you did actually have a fan site with ZERO advertising or ways that you profit either direct or indirect, then that could be ok sometimes.


Keep in mind that ALL ADVICE HERE INCLUDING MY OWN IS USELESS. Unless we know the exact domain name, then everyone is simply guessing. There are too many grey areas and judgement calls with trademarks .. don't even take a lawyers advice unless he or she knows the exact specific domain.