Advise please - Proceed with negotiations or walk away?

[jdk]

One day someone emailed me regarding one of my 3 character domains. I researched their name and it appears they are a brand infringement specialist for a large company. They made me an offer for my domain and has since increased it. I do not know whether I should accept the offer, respond with my asking price, or walk away. I have searched for my 3 character domain in Google and the US trademark database and have found nothing. Google shows an old product from a company, but it appears it is a discontinued product. I really don't know why they would want my domain as I can not find anything in Google unless they are planning on branding it somehow.

I want to run the domain by someone to see if I have any worries to respond with an counter offer or should I just walk away. Please Pm me if you have a few minutes to spare. I can provide more details via PM.

Thanks!

 

[stevo]

Shoot me the details. Advice is free. I don't know how valuable my advice is, but.....

 

[Biggie]

One day someone emailed me regarding one of my 3 character domains. I researched their name and it appears they are a brand infringement specialist for a large company. They made me an offer for my domain and has since increased it. I do not know whether I should accept the offer, respond with my asking price, or walk away. I have searched for my 3 character domain in Google and the US trademark database and have found nothing. Google shows an old product from a company, but it appears it is a discontinued product. I really don't know why they would want my domain as I can not find anything in Google unless they are planning on branding it somehow.

I want to run the domain by someone to see if I have any worries to respond with an counter offer or should I just walk away. Please Pm me if you have a few minutes to spare. I can provide more details via PM.

Thanks!

with a 3 char .com, if the offer is in $,$$$ range, then what is your profit

if it's under that, then counter if you don't mind them walking

because you won't get more unless you ask for more

hardball attitude: i wouldn't waste a lot of time and effort researching who they are, if the only thing that matters is getting your price


if you get offers now, then you'll get some more in the future

imo...

 

[draggar]

hardball attitude: i wouldn't waste a lot of time and effort researching who they are, if the only thing that matters is getting your price

I think we need to be careful who we deal with - rememebr what happened with hero.com (or heroes.com?). One of the very high ups in the company called the owner as the coach of a little league team named that then included their communications in the WIPO against the owner (I think John Berryhill defended it?).

Many people think that CCC.tld domains can easily be taken for a mere $1500 (plus optional attoenry fees). JDK has already noted that they are a " brand infringement specialist for a large company" - even if the company hasn't filed a TM yet some feel that they can WIPO the domain (even with no information on their product in the public eye yet). I think he needs to tread carefully. CCC.com domains are still in demand - unless it's a horribel domain I think more offers may come in the future.

 

[jdk]

I didn't specify in my first post, but it is a LLN com

 

[Biggie]

I think we need to be careful who we deal with - rememebr what happened with hero.com (or heroes.com?). One of the very high ups in the company called the owner as the coach of a little league team named that then included their communications in the WIPO against the owner (I think John Berryhill defended it?).

Many people think that CCC.tld domains can easily be taken for a mere $1500 (plus optional attoenry fees). JDK has already noted that they are a " brand infringement specialist for a large company" - even if the company hasn't filed a TM yet some feel that they can WIPO the domain (even with no information on their product in the public eye yet). I think he needs to tread carefully. CCC.com domains are still in demand - unless it's a horribel domain I think more offers may come in the future.

yes, i agree...if you don't know what they are doing in this biz, then you need to be careful when responding to solicitations


but maybe you are reading something into the context which is not there.

imo... the company would not interested in his domain for current tm reasons.

their interest may be for abbreviation of another entity which they plan to launch.


by them being in the tm biz, they know they must secure the domain first before they can puirsue any claims against it


additionally, by them making an offer, if could jeopardize any weight to claim of infringement.

imo...

 

[A D]

I had a brand infringement company, Troutzimmer, once came to me for a TM name I owned and I sold it to them without issue.

I did research on Troutzimmer before I sold it.

This was about 5-6 years ago.

-=DCG=-

 

[draggar]

imo... the company would not interested in his domain for current tm reasons.

their interest may be for abbreviation of another entity which they plan to launch.

Then why would a brand infringement specalist send the inquiry and not a webmaster, someone in finance, or in their technology / IT departments?

I'm sure in the past many companies have made offers and then used the response against a domain owner in a legal / WIPO case.

LLN - so we're looking at a domain like GR8, MP3, etc. There are a lot of possibilities with domains like these.

JDK - does anything show up that could be current, or even close? Is the old product's comapny related or in the same industry as the new (offering?) company?

Edit: Why not ask what their intentions are with the domain?

 

[Biggie]

Then why would a brand infringement specalist send the inquiry and not a webmaster, someone in finance, or in their technology / IT departments?

I'm sure in the past many companies have made offers and then used the response against a domain owner in a legal / WIPO case.

LLN - so we're looking at a domain like GR8, MP3, etc. There are a lot of possibilities with domains like these.

JDK - does anything show up that could be current, or even close? Is the old product's comapny related or in the same industry as the new (offering?) company?

a brand infringement specialist is more qualified to deal with the specifics of domain name communications, than a webmaster, IT person or someone in finance

speaking from experience, those people have dealt with other domain holders who more than likely had domains which infringed on their brand

therefore, he/she would know the tricks of the trade, unlike many webmasters who don't know didly about the domain game

the IT people in my company don't know jack about domains, except for what i have taught them and finance only "ok's" the purchase price or creates the payment voucher



and i haven't heard of any company that made an offer on a domain name, then won a wipo claim against that party because the seller didn't sell.

you'd have to show me those

 

[DaddyHalbucks]

If the "brand infringement" company is located in a state that requires licensing as a PI, and they are not licensed, they may be in violation of the law. I think in some states it is a felony.

 

[DTalk]

Be interested to hear what happened with this...


For info, in the past, I was approached by a brand infringement legal outfit inquiring if a domain I own is for sale etc (an LLL.asia that happened to be the exact name of a major Chinese steel company)......There was no reference to any end user, nor to whether I was infringing a TM, or not - only a (seemingly) innocent request about whether it was for sale, or not.


I was supicious I was being set up for a WIPO....ie that owning a domain similar to a TM simply for the purposes of profiteering by resale might leave me open to a charge of 'bad faith use' of it.


I replied very cautiously.....effectively saying that I was happy to own this domain, that I used it for a non-commercial purpose, and that it may possibly be for sale, if someone could indicate to me a better use for the domain than I had for it (I didn't quote a price).


I never heard from this legal outfit again.....reinforcing my suspicion they were fishing (on behalf of a client) for grounds to reverse hijack my domain.....My reply gave them no grounds, so they dropped it.