How best to negotiate ?.

[domaingenius]

Wonder if someone can give me some pointers as regards how is best way to approach this (by the way it does NOT have anything to do with my earlier post). I have a domain which kind of interfers with a multi Billion dollar company that does NOT have any trademark but has indicated publicly (after I had bought the domain) there intentions for use of such name and they have apparently started work towards that. The name is also a geographic name coincidentally. Now the other day I received an email from an individual who simply asked why I hadnt replied to his earlier email and said his was a serious inquiry to enter negotiations to buy the domain. Now I checked the IP just now as he repeated his email again for some reason (maybe didnt get my yesterdays reply saying I was not keen to sell but make offer etc) and I see that he is not simply an individual as he makes out but the IP address belongs to a large Intellectual Property group who deal with domains and all other trademarks ,etc etc.
The question I have is, and seek pointers on, is HOW can I negotiate without walking into a UDRP issue ?. If I say I want $500,000 he is maybe then going to have ammo to use against me.
Any ideas welcome.

Thanks
DG

 

[DN BROKER]

Wonder if someone can give me some pointers as regards how is best way to approach this (by the way it does NOT have anything to do with my earlier post). I have a domain which kind of interfers with a multi Billion dollar company that does NOT have any trademark but has indicated publicly (after I had bought the domain) there intentions for use of such name and they have apparently started work towards that. The name is also a geographic name coincidentally. Now the other day I received an email from an individual who simply asked why I hadnt replied to his earlier email and said his was a serious inquiry to enter negotiations to buy the domain. Now I checked the IP just now as he repeated his email again for some reason (maybe didnt get my yesterdays reply saying I was not keen to sell but make offer etc) and I see that he is not simply an individual as he makes out but the IP address belongs to a large Intellectual Property group who deal with domains and all other trademarks ,etc etc.
The question I have is, and seek pointers on, is HOW can I negotiate without walking into a UDRP issue ?. If I say I want $500,000 he is maybe then going to have ammo to use against me.
Any ideas welcome.

Thanks
DG

Don't email them your bin or price. Request an offer, if the buyer is serious. You should get a offer with in 48-72 hours. When you receive the offer, save the email and record the date of offer in your records. With that said, now you can counter offer. This method will protect you as a seller.

Best of Luck.

 

[domaingenius]

Don't email them your bin or price. Request an offer, if the buyer is serious. You should get a offer with in 48-72 hours. When you receive the offer, save the email and record the date of offer in your records. With that said, now you can counter offer. This method will protect you as a seller.

Best of Luck.

Thanks and noted. What happens though if he says $5000 ,I will then need to say sorry but would want $500,000 ,at which point he would say I am issuing a UDRP.?

DG

 

[Poker]

Agree with above. It's all about getting him to commit to what he said by making an actual offer.:

I would say that I have received offers in the past for the domain
so feel free to make an offer.
or
to date no none of the offers has been reasonable
or
no offer yet has made me interested in selling.

 

[DN BROKER]

Thanks and noted. What happens though if he says $5000 ,I will then need to say sorry but would want $500,000 ,at which point he would say I am issuing a UDRP.?

DG

Wait for the offer and keep us updated. Then we will discuss whats next.

 

[Devil Dog]

If that ip is from some firm like say, Mark Monitor or the likes of it, I'd be careful as it just may be a setup.

 

[domaingenius]

If that ip is from some firm like say, Mark Monitor or the likes of it, I'd be careful as it just may be a setup.

Oh yes agreed, thats why I am always check IP's before I proceed. The company is like Mark Monitor and having read the company profile its clear I am dealing with the "big boys" !. Will update the thread when I get their reply.
Who knows, this may be the one ive been waiting for for so long..

Thanks
DG

 

[DN BROKER]

If that ip is from some firm like say, Mark Monitor or the likes of it, I'd be careful as it just may be a setup.

Very Good point, thats why I suggest you dont provide a price until you receive an offer.

Keep us updated as soon as you get a response.

 

[lordbyroniv]

Oh yes agreed, thats why I am always check IP's before I proceed.
DG

How do you check ip address ? ? ?

 

[katherine]

Most likely they wouldn't state intention to buy if they have a case for UDRP.
But be careful. Let them submit an initial offer to start the ball rolling.

 

[domaingenius]

How do you check ip address ? ? ?

If you highlight the/an email in Outlook express, google whatever you use, and then click "Properties" you will usually see the "originating IP" series of digits ,like for example "Received from" 213.187.345.345 or whatever. Then copy and past e that IP address into http://www.ripe.net/perl/whois click search and then read the result by scrolling down. NOTE. Make sure you copy and paste the IP address that says either "originating IP" or "Received from" and if in doubt do all the IP addresses you find in the header. Bear in mind it is the senders IP address you want NOT the ones en route. Sometime the IP address will resolve to a specific company as in this thread case ,sometimes not. Any help needed pls ask. It is always good idea to resolve IP before replying as you know who you are dealing with.

DG

Most likely they wouldn't state intention to buy if they have a case for UDRP.
But be careful. Let them submit an initial offer to start the ball rolling.

Just spoken to them on phone, asked them to send me TM details. They do not have one from my research and he couldnt tell me on phone he said ,so I think I am OK.

DG

 

[domain newbie]

interfers with a multi Billion dollar company that does NOT have any trademark but has indicated publicly DG

i would register the trademark asap and "move on"

keep it like you dono anything about anything

 

[cyberlaw]

If you're approached by a person, and that person then tries to take your response as an "attempt to sell," as an arbitrator, I would look pretty hard at that. It has some "entrapment" qualities to it. But broadly, I agree with most of what is said so far. Just proceed cautiously, make records, and don't make it obvious that you're attempting to sell. The more they try to bait you, the worse it looks for them if they try to turn it around.

 

[domain newbie]

If you're approached by a person, and that person then tries to take your response as an "attempt to sell," .

yeaa..,just say your time (regarding the transfer costs and stuff ) is "that and that" and the point is - its only you who can determine how much your time is worth..

me