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NZPoint

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Hi, just wonder if anyone can help.

I have this domain name that has trademark on it and its .co.nz extention and it belong to a big company that i am not sure if allowed to name it here or not, this is going on for 2 years and i try to make the story short., here is the story;

back in 94 i recived a call from their australian office and asked me if i want to sell the name, i told them no and i would lease the name to them, that was that and end of discussion.

5 months later i recived mail in post from their lawfirm and threatening me and telling me that they are going to file lawsuit against me and better to transfer the name. I basically told them that its not going to happen and they do what ever they want to do.

then after few months later i recived an email from a guy that i wont name here again, saying he is working for the company that the domain name belong and very politly asking me if i want to sell the name and instead of me making money from selling the name, i sell the name in reasonable price and instead he will show me how to make money 1000 times more over the net :))... i checked the email header IP and the domain name that it was comming from, it was comming from these domain name monitoring that reposes the doamin name for its prospective trademark owner (markmonitor.com). anyways, i played dumb and email him back saying i got no intention of selling the name but lets see what you have to offer and maybe i change my mind... he called my phone and told me he is giving it to me straight, he is offering $2000 and showing me where the money is on the net. i said lets see what you can offer on making money over the net first and if something i dont know and possibly can be done, i am ok with it..and he emailed me with few links on PPC, how to get traffic, link exchang and some bunch of rubbish that i already new.

I told him to get lost and he phoned me again and telling me he has already setup an account for $5000 with escrow.com, sure he was right, i recived email from escrow.com...((he was talking about $2000 and now $5000!!!!)) I told its not going to happen and even if its going to be done, i want first money in my hand then i transfer the name... he was insisting on only using escrow.com and other way its not going to happen and told him 1- if your working for that company, why not email me from that company email address and how would i know who you say you are. 2- I could meet you up and do the transaction and no way using escrow. that was that.


5 or 6 months later down the track, i recived mail in the post from the same lawfirm in NZ and again asking me to hand the name for $400 or will be sued, i wrote them back saying, i am confused, you telling me $400 or sued but on other hand someone who claims to be from their company offering me $5000?? what is going on?? and i wrote them, the domain is FOR SALE with proper offer from such a big company. (till now after about a year, i never heard from the lawfirm)

few days ago i got email from the guy who claims to be working for that company saying he is leaving the company by the end of the month and would like to finish on his unfinished projects and asking me to finish the $5000 deal with escrow.com. (by the way, he sounds very nice and polite but on his previuse conversations he told me stuff that they dont match, he got memory problem, also he has called me and talk on the phone more than 10 times) I told him NO and $5000 wont do it, he said anything you want it only has to be done through escrow.com and insisting on that, i told him ok but not $5000, he told me they just want to get it over with and dont want to go through lawsuit, he said it could cost me a lot and surley i would lose the name and these guys wont care how much it cost them and they spend millions every year in legal matters.

I told him, your leaving the company and your nice, what do you care, you find out how much they pay most? he said how much you want, but it has to be escrow.com or no deal.. i said you find out and let me know, i might consider escrow and also their offer has to come from their company and not someone claiming to be from their company.

well, i am waiting on the offer, but i dont think its anything over $10000, but here is my question... could they screw me with escrow? as i said this is big big company and even escrow could be theirs too.. now the problem with escrow is first i have to transfer the name and then get paid... also dont forget the guy possibly is from markmonitor.com.. should i go through with it?

now in regards with the domain name, since i bought it, it was parked with domain registrar and you get nothing on the page... also the name is not known in NZ and the trademark belong to its old owner and not the new owner,, here is a clue, first company sold it just few years ago when i bought the name, and name got expired, does travel means anything??

any reply and advise would be great.

Thanks for reading this
 
Dynadot - Expired Domain Auctions

labrocca

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I think with Escrow.com you should be safe. I have never heard of a company gaining possession of a TM name when it was in the hands of escrow.com. As a matter of fact I don't think you ever transfer the name to anyone but the buyer. Yeah something could go wrong but imho it appears legit. You can also ask him about using Moniker.com escrow which imho is better and safer.
 

scrsteven

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I would definitely get him to use Moniker.com escrow. His insistence on using only escrow.com and a complete lack of trust for him make it VERY suspicious. Moniker escrow where moniker holds the name AND money before distributing each is the only real safe way to escrow it. With that in mind, moniker charges a higher amount than escrow.com, and I've never had a problem with either.
 

NZPoint

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Thanks all for your advise, :) i will tell him to use moniker.com and thats the only way
 

simon

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yea moniker escrow is the safest around.
 

denny007

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Possible scenario for escrow.com:
You push the name, they keep/change whois to your name and will claim they did not get the domain. You do not get money and loose the domain Go with Moniker escrow, such thing can not happen there.
 

NZPoint

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denny007 said:
Possible scenario for escrow.com:
You push the name, they keep/change whois to your name and will claim they did not get the domain. You do not get money and loose the domain Go with Moniker escrow, such thing can not happen there.

This could also be happening with moniker too,, just wonder, how does this transferinig all work? I have never done this before.
 

Creature

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I´m no expert. Knowing the name, I would take the money and run. It´s not a generic word. I would have thought that they could force the name from you via the .co.nz registry if they really wanted to. Creature.
 

NZPoint

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Creature said:
I´m no expert. Knowing the name, I would take the money and run. It´s not a generic word. I would have thought that they could force the name from you via the .co.nz registry if they really wanted to. Creature.

I am no expert also, thats why i am asking, but having the name registered under my name does not means they can take it off me as easy as that. and .co.nz registry usually dont get involved, if they want to take it off me they have to go through lawsuit.

also, i have not using the name and not claiming or damaging the trademark rights and never offer it to sell, so i am not sure, maybe thats why??
 

Creature

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Maybe the rules are different to the .co.uk registry then. I think that if it were a .co.uk domain, then the company could claim that you were preventing them from using the name and that you have no use for it, no website etc. Perhaps the experts on here could comment. I think that you have done very well to hold onto it for this long particularly as it is a famous name and not generic.
 

denny007

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This could also be happening with moniker too

No, it couldn't. The transfer is happening withing Moniker registration system, under Moniker supervision. So moniker REALLY checks, if the domain has been transfered. Moniker does escrow for both ends for the deal, escrow.com does escrow only for the money part of the deal.

It is one of the "wonders" of domaining I never get - so widely used escrow.com yet so dangerous. Another "wonder" is i.e. domainers using Godaddy...
 

NZPoint

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Creature said:
Maybe the rules are different to the .co.uk registry then. I think that if it were a .co.uk domain, then the company could claim that you were preventing them from using the name and that you have no use for it, no website etc. Perhaps the experts on here could comment. I think that you have done very well to hold onto it for this long particularly as it is a famous name and not generic.

Yes, i think rules are different with .co.uk registry as i think i saw a documentry on bbc about the guy who owned a name to do with ipod, imusic!! cant remember the name, but anyways .co.uk registry did other party the favour and took the name off him

denny007 said:
This could also be happening with moniker too

No, it couldn't. The transfer is happening withing Moniker registration system, under Moniker supervision. So moniker REALLY checks, if the domain has been transfered. Moniker does escrow for both ends for the deal, escrow.com does escrow only for the money part of the deal.

It is one of the "wonders" of domaining I never get - so widely used escrow.com yet so dangerous. Another "wonder" is i.e. domainers using Godaddy...

Thanks for the info, I will then defiantly have to go with moniker :) if it goes through,,, but since my last chat with the guy which was few days ago now, no reply from him, maybe next year i will hear from them again :pop2:
 
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country code extensions make the escrow and safe change of ownership process even more risky if you are not transferring those domains to escrow first. .co.uk names may require a TAG change so you have lots of paperwork to fill out. Other change of ownership with other cctlds may require extra fees.

These are more involved, take longer, and may be more expensive.
 

NZPoint

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MonikerMan said:
country code extensions make the escrow and safe change of ownership process even more risky if you are not transferring those domains to escrow first.
.

I am a bit confused, would you please say it in simpler words!!

.co.uk names may require a TAG change so you have lots of paperwork to fill out. Other change of ownership with other cctlds may require extra fees
These are more involved, take longer, and may be more expensive.

its .co.nz extension and it does require a what is called UDAI key for transferring and the buyer said will do the expense part too.
 
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