Email Contact

[Gregcyber]

Here is part of a discussion on the sale of a domain name. I did not post the domain for sale, but was contacted by email first. I was called the next day and was asked a few questions. All the other communications have been by email.

Buyer wanted one domain name and a Sup TM.

I offered the buyer a list of identical domain names and a few other domains that are very close to the TM in my email. This list would increase the sale price. They acted as they did not have any intention to by any thing other then TM and the name in dot com

I agreed to a price for one domain extension and TM, I keep the rest and the response was:

Thank you for your email. This confirms our happy receipt of your acceptance below. I will prepare and forward a purchase and transfer agreement in the near term.

I wonder if this email is a binding agreement, I was not notified that it had any legal effects before I entered the decision. Any how I felt I was tricked, the email communications is now a binding contract (the lawyer has me thinking this is part of a legal contract to sell) Now that it is suggest that our chat in emails has become something legal. I now find terms hidden in the forum of a question. Why would the lawyer ask me to give more then the one domain name they wanted. I had them all package for a higher price and they declined to buy them as a portfolio. See quote below:

Thank you. I am working on the agreement now. For point of clarification, are you intending to include the list of domain names in your email earlier today, as you are relinquishing right in the (removed name) mark and corresponding domain names? If so, I would suggest we structure the agreement, for the purpose of payment to you, contingent on transfer of the (tm name.com) domain name only which would give us more time to complete the other transfers. That will get you the funds more quickly rather than waiting for all transfers to be completed.

I look forward to hearing from you on this inquiry.

I am working on the agreement now. For point of clarification / you are relinquishing right in the (removed name) mark and corresponding domain names.

I sent a notice that agreement is to much and I will not sell. They wanted all extensions for free or it seems to me, they would use and pay a lawyer to get them rather then pay a business man. The Lawyer seems to act as the email communications is a legally binding contract (written agreement) and then as I look over all postings, I see this line posed above. I have a thought this is some kind of notice and can be used in the courts. The TM description has a user interacting with a website. I think If I use the other domain names for a parked page displaying ads, I would not fall in to a TM volition. I lose in Court because of this: "you are relinquishing right in the (removed name) mark and corresponding domain names."

Have I been up to long and got paranoid?

 

[Cartoonz]

...Buyer wanted one domain name and a Sup TM...

You're being vague... does the TM belong to you for that name or does his client own a TM for that term?

 

[Gregcyber]

You're being vague... does the TM belong to you for that name or does his client own a TM for that term?

I'm a business owner with a registered US Supplemental Trademark that is identical to my business name. I have 7 domain names that are also identical to TM and business name and a few more domain names that are almost identical to our TM.

Buyer wanted the dot com extension and the TM ownership. The TM is for a online market were a users can list offered or wanted personal and business assets and skills for hire, rent, sale or auction.

I do not think a website that is parked, displaying only ads would violate the TM, especially if the parked page was up before the TM was issued.

I also do not think my business would violate the TM in a brick and mortar business. I can use the the dot net extension for a retail shop. A retail shop does not let shoppers post items for sale rent or auction.


Like I said, "buyer wants only the TM and the dot com for a set price."

I now introduce the buyer, bye email post to a extended domain name portfolio that has over 30 more domain names that are almost identical to our TM for a price that is much more. The buy is now aware of my offer to sell everything, but declines the higher price for all the domain names and TM.

I agree to sell only the dot com name and TM rights for the agreed upon price.

With in minutes after I agree to sell TM and dot com extension they come with this post:

Thank you. I am working on the agreement now. For point of clarification, are you intending to include the list of domain names in your email earlier today, as you are relinquishing right in the (removed name) mark and corresponding domain names? If so, I would suggest we structure the agreement, for the purpose of payment to you, contingent on transfer of the (tm name.com) domain name only which would give us more time to complete the other transfers. That will get you the funds more quickly rather than waiting for all transfers to be completed.

I see this (above quote / post - a email posted in the trade discussions) as their terms to buy the dot com name and US TM. I see their terms to buy hiding in the forum of a question. :veryangry: I have remove the question and now show every thing else. Here are their terms to buy only the TM and dot com extension: I am working on the agreement now. For point of clarification / you are relinquishing right in the (removed name) mark and corresponding domain names.


I think if if I was in court, I would lose.

To the best of my knowledge the client has a lawyer from a large law firm: Leydig, Voit & Mayer

Here is my next email / reply to the hiding terms:

Interesting point, I was under impression that only the US Trademark "Trademark Name" and Domain Name "Domain name.com" was the agreement.


I was not aware from the start of this deal your client was interested in any thing else other then the (.com) extension associated with trademark.


I posted my list to persuade your client to go with a great domain portfolio. A portfolio like this is very rare.


I was not fully aware that your client wanted all the domain names posted in these linked emails.

Here is my next post / email , I inform buyers I no longer want to sell due to confusion with said agreement.

As I have noticed in this post " relinquishing right in the TRADE MARK NAME mark ( and corresponding domain names)" may not be in the final sales contract, but is posted here and I will not agree. As I have said, if you want me to release all rights in the remain domain names, you need to buy them.



This is a notice to inform you and your client that I have a disagreement with the sale of (Trademark Name) a US Trademark and the domain name (domain name.com.)



I no longer want to deal with the sale of my (business assets). Your client needs to buy the other domain name for his project.



My apologies for the time we have spent coming to a agreement.

---------- Post added at 02:10 PM ---------- Previous post was at 12:55 PM ----------

Do you think that I'm getting harassed now? I got this a few hours ago.


Please sign this agreement and send it to us within 14 days of sending this message.



Attention!

No signature on this agreement will prevent us the opportunity to continue to provide trust services for your domain names and we had to delete the domain names registered in trust.



Below you own domain names that are used mutual services of Domaine de Net:

membersmarket.

 

[Cartoonz]

[/COLOR]Do you think that I'm getting harassed now? I got this a few hours ago.


Please sign this agreement and send it to us within 14 days of sending this message.



Attention!

No signature on this agreement will prevent us the opportunity to continue to provide trust services for your domain names and we had to delete the domain names registered in trust.



Below you own domain names that are used mutual services of Domaine de Net:

membersmarket.

what the heck is that? Who is it from? Do they have control of your domain names?

---------- Post added at 12:18 PM ---------- Previous post was at 12:11 PM ----------

if you don't recognize that as your own provider, it may be some kind of thing the buyer's attorney set up to facilitate transfer? A bit over zealous, in my opinion.

Anyway, if it were me...
I'd clearly state to the buyer that you have a business plan and the TM for a reason - to use the domains for your business. That said, you're willing to negotiate a sale of all the names and that TM to the buyer but not just the TM and a single name - the remaining names are valuable to protect the TM and useless without the main domain and TM rights (while you may not feel this way, it might be best to stick to this approach).

The buyer has one option - to negotiate a sale for the entire package + TM. Period. Anything less, they can go pound sand for all you care.

 

[Gregcyber]

what the heck is that? Who is it from? Do they have control of your domain names?

---------- Post added at 12:18 PM ---------- Previous post was at 12:11 PM ----------

Dear Customer,



Domaine de Nat streamlines the process of registration, renewal and management of domain names extensions where there is a local presence requirement. These extensions Domaine de Net provides registration services faithfully.

User customer loyalty services of Domaine de Nat, you will have to approve the use of Trust Agreement attached to this email.

Importantly, this agreement is governed both names already registered by you through the mutual services, and will be valid also for domain names to be recorded by you in the future through mutual service of Domaine de Nat.



Please sign this agreement and send it to us within 14 days of sending this message.



Attention!

No signature on this agreement will prevent us the opportunity to continue to provide trust services for your domain names and we had to delete the domain names registered in trust.



Below you own domain names that are used mutual services of Domaine de Net:

membersmarket. TLDcc




For inquiries and questions please contact our support representatives phone number 972-3-7600500.

The signed agreement must be delivered to a fax number 972-3-7600505 or e-mail address [email protected].







Yours,



Domaine de Nat




************************************************************************************
This footnote confirms that this email message has been scanned by
PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses.
************************************************************************************

---------- Post added at 03:59 PM ---------- Previous post was at 03:25 PM ----------

Anyway, if it were me...
I'd clearly state to the buyer that you have a business plan and the TM for a reason - to use the domains for your business. That said, you're willing to negotiate a sale of all the names and that TM to the buyer but not just the TM and a single name - the remaining names are valuable to protect the TM and useless without the main domain and TM rights (while you may not feel this way, it might be best to stick to this approach).

The buyer has one option - to negotiate a sale for the entire package + TM. Period. Anything less, they can go pound sand for all you care.

I agree with you.

I will no longer sell just the one domain name for fear that by law, they take them all.

Subject: Re: Offer to purchase MEMBERS MARKET Trademark and membersmarket.com domain name


Dear lawyer's name




If it is OK with you, I will address you as Name. It is OK to call me Greg.


My name is Gregory Schreiber CEO of MembersMarket LLC.

I will explain why I asked for $100,000 Thousand Dollars for the domain name membersmarket.com and the supplemental US Trademark, Members Market.


In my attempt to brand Members Market, I tried to register all the domain names that maybe taken over by a cybersquatter. Cybersquatters will take a brand name and use it in a attempt to profit off a good name, it happens all the time online. I planned ahead and picked up many domain names with extension in other countries, dot coms in foreign languages and other more popular domain extensions and a few odd domain names, all in hope to save thousands of dollars in litigation fees. I will list the other domain names that Members Market LLC. has control of in this email.


I do not know why your client has a interest in Members Market a US Trademark and the Domain Name membersmarket.com, there can be many reasons why. Your client's counter offer of $30.000.oo Dollares to my asking price of $100,000.oo Dollares shows a strong interest to be the owner of said items. If your client plans on building a marketplace with the domain name membersmarket.com I recommend that he also acquire the following domain names.



MEMBERSMARKET.CO.UK

MEMBERSMARKET.IN

MEMBERSMARKET.CO

MEMBERSMARKET.NET

MEMBERSMARKET.ORG

MEMBERSMARKET.INFO

MEMBERSMARKET.US

MEMBERSMARKET.BIZ

MEMBERS-MARKET.COM

MEMBERS-MARKET.NET

MEMBERS-MARKET.ORG

MEMBERSMARKETS.COM

MEMBERSMARKETS.NET

MEMBERSMARKETPLACE.COM

MEMBERSMARKETPLACE.ORG
--------------------

MEMBRESMARCHCE.COM

MEMBRIMERCATO.COM

MIEMBROMERCADO.COM

MIEMBROSMERCADO.COM

MIEMBROSMERCADO.ES

MIEMBROSMERCADO.NET

MITGLIEDERMARKT.COM

----------------------

MARKETMEMBER.NET

MARKETMEMBER.ORG

MARKETMEMBERS.COM

MARKETMEMBERS.NET

MARKETPLACEFORUM.ORG

MARKETPLACEMEMBER.COM

MARKETPLACEMEMBERS.COM

MARKETSMEMBER.COM

MEMBERMARKET.NET

MEMBERMARKET.ORG

MEMBERMARKETS.COM

THEMEMBERSMARKET.COM

THEMEMBERSMARKETPLACE.COM

MEMBERSMARKETFORUM.COM

MEMBERSMARKETONLINE.COM

MEMBERSMARKETSTORE.COM

MEMBERSMART.NET


Please re-reconsider my asking price of $100.000.oo Dollars for the rights to own Members Market a Supplemental US Trademark and the domain name membersmarket.com along with 39 other domain names that make up a branded portfolio of market domain names.

Disclaimer: I Gregory Schreiber, CEO of Members Market LLC had no intentions to sell the US Supplemental Trademark rights 'Members Market' when I applied for the trademark. I had full intentions to use the mark at all time on a online website. I also have not posted trademark for sale or have I solicited any offers for the US Trademark, Members Market. This sale is to include the trademark in a packed deal of 40 domain names and a trademark for a client of (Lawyer's Name)


Best regards,


Greg

Greg:









Thank you again for providing this information. My client believes that its offer of $30,000 is a strong and fair offer and it is not prepared to pay $100,000 for acquisition of the MEMBERS MARKET trademark and membersmarket.com. I appreciate your professional courtesy in these negotiations and believe it is in the interest of both parties to be candid. In that spirit, I want to let you know that while this is my client’s first choice for its project, it is considering alternative domain names. As such, if we cannot reach a mutually agreeable price, my client is prepared to move on to alternative domain names.









As my client is seeking to reach an agreement on an acquisition this week, they have authorized me to increase the current offer of $30,000 to $35,000. Again, we believe this is a strong and fair offer for acquisition of the MEMBERS MARKET trademark and membersmarket.com and hope that we will have your agreement to move forward at $35,000.









Regards, Lawyer

This is the part I agreed too.

As my client is seeking to reach an agreement on an acquisition this week, they have authorized me to increase the current offer of $30,000 to $35,000. Again, we believe this is a strong and fair offer for acquisition of the MEMBERS MARKET trademark and membersmarket.com and hope that we will have your agreement to move forward at $35,000.

---------- Post added at 04:30 PM ---------- Previous post was at 03:59 PM ----------

This is why I called the deal off.

Thank you. I am working on the agreement now. For point of clarification, are you intending to include the list of domain names in your email earlier today, as you are relinquishing right in the (removed name) mark and corresponding domain names? If so, I would suggest we structure the agreement, for the purpose of payment to you, contingent on transfer of the (tm name.com) domain name only which would give us more time to complete the other transfers. That will get you the funds more quickly rather than waiting for all transfers to be completed.

 

[Cartoonz]

Domaine de Nat streamlines the process of registration, renewal and management of domain names extensions where there is a local presence requirement.

I don't see any names on your list requiring a local in France...

Probably was not the best move to entertain the lower offer for a single name + TM... in his mind, the 30k range is now seeming a reality.

But, that said, the remaining names are worthless in comparison to the main name + TM, so I'd stick to the position of selling the complete package or nothing... problem is, you've already given him the indication that the TM and the main domain has the lower value... in reality, that is the main value of the entire package. So 100k is not going to be seen as reasonable. Perhaps you can negotiate to ~50k, which would seem to place less value on the remaining names but still get you the best deal. I cannot see the surrounding names being worth 70% of the package while the TM + main domain only being worth 30%... to me, those numbers are backwards, hence my suggestion to settle at 50k... You won't get them to 100 for this reason.

Anyway, that's just my take on it, for what its worth.... good luck!

 

[Gregcyber]

Cartoonz, Thanks for the info.


Did the agreement become unclear, do you think the terms changed ?

Will I regret that I started this topic?

Cheers!

I hope you have learned something.

 

[Cartoonz]

I hope you have learned something as well... it really does sound like you gave him the impression he could get the main domain AND TM for $30k... making $100k for the whole package seem a stretch... Next time, use the 70/30 or 80/20 rule the right way - with the majority value being on the main phrase & TM...

then again, it also looks a little like he kind of twisted his words a bit to get you to that point, so I don't know...

-as for you regretting posting this? Here's something to consider in the future: do not post the exact/real domain names in posts in the "Legal" section... as you're about to see, the posts here are "un-editable". Memorializing any of the majority of posts in this section can usually get one in trouble eventually with real domain info... just a thought. You *might* be able to get a moderator to help you edit out part of the TM/Domain names ...

my personal view on your TN/Domains package is that you have a strong value (mostly because of the .com/TM)... don't know if its 100k+ or not, but it does have value. so, good luck whichever direction you go..

 

[Gregcyber]

The Lawyer's Client has released me from all agreements, mainly the agreements I made to sell just the TM/.com. :smilewinkgrin:

I have never had a lawyer contact me to buy something, it is kind of new to me and I was not prepared because it was not expected.

Cartoonz is a good poster on this topic, Thanks.