Hi Namepros,
I received an email today about a 5 letter dot com that I have. It's not a real word but a brandable 5 letter and it's only a few years old. The company yesterday registered the .co, .net, and .org of the same name. I was able to find out that the email I received is from the IP lawyer for the company that wants the name.
The company is in the Genetics/Biotechnology field and received seed funding of $2 million one year ago and a Series A round of $2.9 million about 1 month ago.
I think the name can easily sell in the low-mid $XX,XXX range to this company. I would normally throw out a good number and see if it sticks but I do believe this can be one of those "special sales" that I could leave a lot of money on the table. I would like to seek others opinions first from the Veteran Namepro guys on what you would do in this situation.
Thanks for your time
I might suggest a different strategy...
1.
TM - search uspto.gov to see if the USPTO recently received a Trademark application for the 5L term. If so, what was the IC class? Date of 1st use? 1A or 1B filing?
2.
DM - perform some research about the company to find out who the decision makers (DM) are in the company. Who is the CEO, Board members, VP of Marketing/Sales, etc? Are they aligned with a marketing agency? If so, who? Local or national agency? If local, who is the owner of the agency?
3.
History - great job finding details about their recent funding history. Find more detail about who has a vested interest? Who are the players or influencers? Who influences decision making on capital purchases?
4.
5L - what have you done with the 5L domain to date? Parked? Sedo? Niche Site? How long have you owned it? What is the history of the domain with Archive.org?
Suggestion - opportunity is knocking... don't answer the door, they may have a gun. Instead, peak out the side window to find out more about the landscape. Are they approaching friendly or offensive?
Research before stardom (hold off on thinking payout, start with building a solid sales strategy / game plan). To build your strategy, you need to know the landscape, more about who you are negotiating with, what is their business plan, and what action have they already taken to build this brand? Immediately responding to the attorney (imo) is a bad strategy. Attorneys are not decision makers. Executives and investors are. An attorney's role is to document (and protect) the intentions of an executive and the company DM's.
Strategy - This could be a hero (or zero) deal. Worse, they have investor's funds, so the Board/CEO will not be shy to spend attorney fees to protect their investor's interest. Before showing your hand or playing any cards, gather more info, then go on the offensive by 1) taking steps to develop your "original" plan for the domain (a plan that - coincidentally - was not in conflict with their TM filing and prior to their 1st use of the term), 2) after doing so, establish communication with a DM at the company (an internal champion) to initiate negotiations to in some way "partner to save everyone money", and 3) don't be greedy -
a little bit of something is better than a whole lot of nothing.
Pitch - The pitch to the DM could be something along the lines of "
It's been brought to my attention that we are developing a brand name in different industries -yours being [bio tech] mine being [donkey toenails]. Rather than either of us wasting cash-flow on prolonged [expensive] and time consuming events that doesn't benefit either of our investors, are you receptive to some level of partnering?" The pitch should be investor/capital focused and not a clumsy sales pitch to hock a tech product. Operating expenses (less than $5,000) typically can be handled at the VP level, capital purchases are a higher level decision in the corporate world. Why capital focused? Only the Board, CEO, or CFO typically make capital decisions in a start-up. Attorneys do not make capital decisions, vested executives (owners) do. The pitch should be via
phone on a Friday @ 8:30am (prior to a secretary or gate keeper arriving to the office. Screw sending an email that could simply be forwarded to their attorney. An email forwarded to an attorney puts you in a reactive mode. You want to drive, not be driven. Take the initiative and kill this!
Overall, your goal is to develop a collaborative/respectful dialogue with a company DM, not a confrontational one with an attorney. If the DM bites, they will tell the attorney to make it happen, then it's simply a documentation process.
I hope the suggestions are helpful.
Best of luck!!
-Jim