Party interested in buying my domain, claims to hold the rights...please help

[dasani]

Hello everyone,

I received an e-mail earlier by someone interested in purchasing one of my domain names. He also mentioned that he holds the legal rights to the name, by his two companies. I don't really know how to deal with this problem as I never been in this situation before... I do not mind selling the name as I don't really use it. Should I just tell him to send me an offer?

Here is the e-mail that he sent me

I just wanted to know if it was possible to but the
domain name _______ from you. I have been looking
for the name for a while now, and already have the
legal rights to the name for my two companies. It
would really be a help if you could e-mail me back and
maybe find a solution to the problem that i have.

Thank you,
_________

 

[Theo]

Ask him to make an offer. Be short and to the point. If indeed he holds the right to some business name etc he will prefer to pay up and get the domains (use Escrow.com).

 

[jberryhill]

someone interested in purchasing one of my domain names

This is a great illustration of one of the points which I didn't get around to making at the TRAFFIC conference.

I hear from dozens of domain name registrants each week who tell me something about "someone interested in purchasing one of my domain names". This is a prime example of why I ask to see the exact communication.

Does this person say they want to buy the domain name?

NO!

This person asks whether "it was possible to buy the domain name". They don't say they want to buy it - they just want to know if you are selling it.

Now, it could be that it was just a coincidental choice of words, but this is the kind of email that smells like it was coached by a lawyer. They will say things like, "would you be interested in transferring the domain name to us" and all manner of contorted language which conveys an impression to the optimistic mind that they are looking to pay you - but if you look coldly at what is written in black and white, it just does not say what you think it says.

Typically, this species of communication will mention "legal rights", just to make damn certain that when you cough up a number, you will be doing so with the express knowledge that they claim a legal right. You can't later turn around and say, "I didn't know he claimed a trademark". Yeah, and HE didn't ask you to try to sell it to him either.

Depending on the name, one needs to do some homework in this situation before responding at all. It may be a good idea to think about having a lawyer respond since, after all, this guy mentioned some kind of legal claim. But you should certainly do some research using google, trademark databases, looking at his website, the internet archive, etc., to try to figure out what this guy's claim is, and when he might have obtained such a claim; then look at how the domain name is being used, and come to some sort of tentative conclusion about whether or not there might be a potential problem of some kind. You don't necessarily want to write a UDRP response or otherwise go berserk in response to what might be a casually-written inquiry. But you can't really tell whether this guy is sort of daft or extremely clever.

I lean toward clever in this instance, since to drive home the non-suggestion of buying the domain name, he says he wants to "find a solution to the problem that i have".

Yeah - his solution is your problem.

 

[Theo]

The letter is full of typographic errors; at least he spelt "e-mail" right :-D

My hunch is that indeed he wants to buy the domain and he's not being coached at this point - despite the 'legal rights' blurb. So slap a price to that domain and let him see if he can solve his problem by paying you or a lawyer.

BTW John, you should be writing an FAQ on such issues :-D

 

[jberryhill]

The letter is full of typographic errors

Again, that's why I ask to see exactly what was sent. You don't know if the poster here re-typed something that was spelled correctly, or whether it was cut-and-pasted.

 

[dasani]

Again, that's why I ask to see exactly what was sent. You don't know if the poster here re-typed something that was spelled correctly, or whether it was cut-and-pasted.

The message sent to me is exactly what I have posted in this thread...I just copied and pasted it.

 

[yonimlm]

Again, he could have been "extremely clever" and made the typographical mistakes on purpose... as absurd as it may seem to some, it could still happen.

 

[Theo]

If one is that paranoid, no sale can ever be made.

 

[jberryhill]

If one is that paranoid, no sale can ever be made.

Not at all. It just helps to check things out before responding to vague inquiries.

 

[Dave Zan]

So have you done your homework yet, Dasani? :cheesy:

I noticed the letter you cut and pasted didn't give any specific date or time to
respond.

Has the person who started it contacted you again lately?

 

[GodBlessYou]

I'd do just like everyone else said, give em a price and stick with it. I see like this person is going to fight your price, but dont let him.

 

[Dave Zan]

I'd do just like everyone else said, give em a price and stick with it. I see like this person is going to fight your price, but dont let him.

But what if Dasani gave a price, then the person sent him a letter asking him
"nicely" to turn over the domain name or else within the week or so? :dead:

 

[dasani]

So have you done your homework yet, Dasani? :cheesy:

I noticed the letter you cut and pasted didn't give any specific date or time to
respond.

Has the person who started it contacted you again lately?

I will reply later this evening, doing a bit more research....I received the letter less than 24 hours ago.

 

[harleyx]

Anything is possible (at zombo com).

That's what I'd reply. Short, simple, and really really vague. Maybe leave out the zombo com quip though. Then again I'm no lawyer so you probably shouldn't listen to me.

 

[chatcher]

"Thanks for your inquiry.

I don't have any immediate plans to sell xxxxxxxxx.com, but I would be happy to consider any offer."

(I'd be interested in any criticism of this approach, since I use it often.)

 

[Dave Zan]

"Thanks for your inquiry.

I don't have any immediate plans to sell xxxxxxxxx.com, but I would be happy to consider any offer."

(I'd be interested in any criticism of this approach, since I use it often.)

Very simple! I like it already! k:

 

[Sharpy]

N/m

 

[sunshine]

john gave free advice, and went to length to explain in detail.

i'd follow that excellent advice to the letter.

 

[jberryhill]

john gave free advice, and went to length to explain in detail.

Per usual, I would like to point out the difference between individualized advice, and general comments on the subject matter of the question.

As a professional paranoid, the only point intended to be made is that one should read one's email carefully and objectively, and always research the worst case scenario.

 

[sunshine]

see ? perfect example.
you need an attorney to interpret the written word correctly.
i should've said, "john commented" not "john gave free advice"
and
should've said "i'd absorb those comments" instead of "i'd follow that excellent advice"
my mistake !
;-)))