How should I respond to this offer?

[Auction]

I've been at this a while and I feel like I should have my sales inquiry responses hammered out by now. However, I am very hesitant (to say a particular domain is for sale or especially name a price) since being hit with a UDRP a few years ago right after giving a price.

Here's an inquiry I recently received. The domain is a three letter .com. The company that wants it is on the NYSE.

You are listed as the Registered Owner for the Domain ---.com according to the WHOIS information provided by GoDaddy.com. I am responsible for all of the Web Infrastructure for ------.

We are very conscious of our branding and looking to better align our public presentation with our corporate identity. In the effort, I would like to inquire as to whether you would consider the transfer of the ---.Com domain name. It appears to currently be a paid link host and is register for a couple more years and we like to enter into good-faith negotiations for fair compensation for this transfer.

Whether you are interested in a transfer or not, could you kindly reply and indicate as such?

I can be reached using any of the methods below and can provide any additional documentation you might require and look forward to hearing from you to discuss options.

He mentions looking the domain up on Godaddy. Interestingly, I've recently gotten two calls and two offers from the domain buy service Godaddy offers. The offers were I think $1000 then $3000.

How would you respond? Any advice/comments are appreciated

 

[A D]

Do they have a live trademark on their 3 letter initials?

-=DCG=-

 

[Stian]

Take it off parking (if it's parked) and remove it from all venues (Sedo etc). Reply back that you have just started development of the domain and it's therefore not for sale.

Then you wait ....

 

[Auction]

There's no live trademark.

 

[Biggie]

"good-faith negotiations for fair compensation"


those are keywords you should pay attention to



sounds like a potential set-up to me

 

[stewie]

I think the advice above is your best move.

I personally don't like the tone of that email.

 

[A D]

At this point I would speak to a lawyer and have him negotiate on your behalf, a good lawyer is always worth his weight in gold.

I would recommend Zak from dnattorney.com

-=DCG=-

 

[Dopa.com]

I also don't like the tone of that email. Usually I show my interests to buy and ask for a selling price directly.

 

[copper]

we like to enter into good-faith negotiations for fair compensation for this transfer.

I don't feel comfortable with these words.
I would be very careful.

 

[URLtrader]

The email seems to have been drafted by an Attorney , not by someone responsible for the Web Infrastructure.

He writes "We are very conscious of our branding and looking to better align our public presentation with our corporate identity".

Try to read what he left unsaid.....

Be very careful. Get an Attorney as suggested by DCG.

Goodluck.

 

[DaddyHalbucks]

I've been at this a while and I feel like I should have my sales inquiry responses hammered out by now. However, I am very hesitant (to say a particular domain is for sale or especially name a price) since being hit with a UDRP a few years ago right after giving a price.

Here's an inquiry I recently received. The domain is a three letter .com. The company that wants it is on the NYSE.

You are listed as the Registered Owner for the Domain ---.com according to the WHOIS information provided by GoDaddy.com. I am responsible for all of the Web Infrastructure for ------.

We are very conscious of our branding and looking to better align our public presentation with our corporate identity. In the effort, I would like to inquire as to whether you would consider the transfer of the ---.Com domain name. It appears to currently be a paid link host and is register for a couple more years and we like to enter into good-faith negotiations for fair compensation for this transfer.

Whether you are interested in a transfer or not, could you kindly reply and indicate as such?

I can be reached using any of the methods below and can provide any additional documentation you might require and look forward to hearing from you to discuss options.

He mentions looking the domain up on Godaddy. Interestingly, I've recently gotten two calls and two offers from the domain buy service Godaddy offers. The offers were I think $1000 then $3000.

How would you respond? Any advice/comments are appreciated

Beware of free legal advice from non-lawyers.

That said, my advice is to get a legitimate use FAST.

Another possibility is a good NDA

 

[A D]

Beware of free legal advice from non-lawyers.

That's exactly why I said speak to a real lawyer like Zak.

-=DCG=-

 

[DTalk]

I agree with most here. This looks tricky - and, setting you up for a 'bad faith' use in a UDRP.


Most importantly, I think Stian & DaddyHalbucks are on the money....Get a 'Good Use' usage of the name - fast!.


...I would immediately take the domain off parking (thereby removing any links on a parking page that might conflict with the name, or business, of the organisation that's writing to you)....I would immediately forward the domain to a manifestly harmless 'Good Use'-type site (eg a non-profit poetry site, or somesuch).....so, no-one can successfully argue that you use the name in bad faith....And, I would respond to their letter explaining that you use the domain to showcase poetry (or whatever), and therefore use it in good faith, that you are reluctant to sell the domain, but, by all means make an offer, if they wish....

...Then, as DCG suggests, get a good lawyer's advice....


I forgo all parked revenue on my LLL domains (its chicken feed, anyway), and forward them all to a poetry site....This has saved my domains from a UDRP on two occasions, in exactly the kind of situation I suspect you are in right now, 'cos they could not argue 'Bad Faith' use.

 

[hugegrowth]

If they are trying to make a case for getting the domain, by the time you find out it is probably too late to make any changes to what you are doing with the domain. They probably have screenshots and there are cached pages, and changing it now could make a person look even more 'guilty'.

 

[bdss]

If they are trying to make a case for getting the domain, by the time you find out it is probably too late to make any changes to what you are doing with the domain. They probably have screenshots and there are cached pages, and changing it now could make a person look even more 'guilty'.

Spot on !!

Auction, lawyers tend to word their emails such that they have the tendency to make you mouth words you would not want the panelist at WIPO to see.
Take others advise and get a lawyer as this sure looks like heading down the UDRP route ( in case you dont agree on price)

Keep us updated, this is new one for me and I would surely like to know more about this case and the name of the smart company behind this.

 

[ukbackorder]

Sounds like a setup to me. I wouldn't respond. Were the parking ads showing anything that is in the same field (or even showing competitors) as the company enquiring?

 

[bdss]

Auction, any update on this one?

 

[Auction]

I have not forgotten about it , but nothing exciting.

I reached out to one lawyer with no response. I will followup to make sure they got my message.

I did not respond to the email. I have received more offers through GoDaddy's offer thing. Not sure what they are though, didn't look at them.