domain Tolkien.ws

[AsiaDomainer]

I'd like an appraisal on this name:

Tolkien.ws

It had over 1000 uniques last month.

Has lots of incoming links and is parked at Sedo.

In fact, it just sold on Sedo and I am wondering if I should have asked more...

There was an interesting comment from the buyer during the bidding:

"I am a lawyer acting for The Tolkien Estate and associated entities. Please be aware that this bid has been placed as an alternative to commencing formal proceedings for the recovery of the domain name."

So I guess 2 questions:

1) What is the name worth and
2) Would you take such a comment (threat?) seriously?

In this case, it probably made me ask for less than I otherwise might.

I generally avoid TM domains and don't like to take risks on that front.

But this is a personal name of a public figure, which in my view makes it fair game for doing a fan-site, reviews, etc...

Can a public figure reclaim a domain like this that includes their name?

I'd be curious to hear what people think.

 

[AsiaDomainer]

Bump?

I will of course be happy to share the selling price for the name, but prefer to get some appraisals/ feedback first so as not to bias the process...

 

[holyroller]

Here is some information on a legal case about a domain name of a deceased famous person.

http://merlin.obs.coe.int/iris/2007/1/article106.en.html

If you created a fan site on the domain, then in most cases (although don't quote me on this, seek independant legal advice) you would be okay. In your case, you have parked the name and offered it forsale.

I think from a legal perspective you are onto a loser here.

This thread is also in the wrong section, it should be in the legal section which I think doesnt get searched by the search bots.

Good Luck.

 

[AsiaDomainer]

Thanks!

Thanks for the advice. I appreciate it!

I kinda suspected something like that so was willing to sell it quick to avoid the risk.

I agree that if I had done a fan-site (which is what the domain used to be in a previous life before it dropped) I would have been in a much stronger negotiating position.

Live and learn!

Anyway the negotiation went like this.

They offered $200 with the threatening comment posted above.

I came back and asked for $500 with this reply comment:

"I have no way to confirm if what you say is true, but I am open to resolve this. I had planned to develop this into a fan site since it got over 1000 visitors last month. But I would be willing to let it go for fair value to cover my costs."

They agreed to $500. Sale closed.

I am not complaining. Under the circumstances I am willing to take $500 and avoid the risk and hassle.

But if it had been another buyer without the threatening comment I would have asked for (and probably gotten) more, no?

Still no appraisals of what the name is worth, but there is the story as it played out for anyone interested...

 

[holyroller]

$500 seems like a decent enough price for a .ws domain.

And your reply seemed reasonable. To take legal action over you probably would have cost them more than $500.

 

[AsiaDomainer]

That's what I figured.

Price needed to be fair from my side and well below their likely legal costs in order to be acceptable...

 

[duceman]

Hard to prove TM violation in this case IMO.

26M Google results for the name with many different uses

 

[Diabro]

Please be aware that this bid has been placed as an alternative to commencing formal proceedings for the recovery of the domain name.

This seems fishy to me. If I owned Microsoft.com and I was contacted in such a way I would be suspicious. Just offering up for sale says nothing about the domain. You could as easily break it up as Microso Ft. I know people have won with these name cases in the past but they have also lost and this seems weird way to approach you.