Unsolicited Offer For My Personal Domain Name? 542
Batzerto writes "Last Friday I received an unsolicited email offer for my domain — click the link below for the message. Their company name matches my domain, but with a country-specific top level domain (.NL in this case). They do seem to be legitimately using the domain in their country. As for my usage, the domain is my last name(.COM) and I'm only really using it for email. I'm not really that attached to it other than the hassle of changing email addresses. There are other flavors of the domain available (.US for example) that would suit my purposes just fine. So, Slashdot veterans, I ask you, what should I do? I'm leery of making an offer and falling into someone's legal trap. I wouldn't mind getting a chunk of cash out of the deal though."
From: ---
Sent: Friday, August 29, 2008 4:56 AM
To: ---
Subject: sell your domain ?
Dear Sir,
For my company I need the domain --- .
Is it possible to sell your domain to me?
Best Regards
N. de Robles
On the condition... (Score:5, Interesting)
Sell it, on the condition that you can keep your email address on the domain.
Win-win!
Finally a use for the 'itsatrap' tag (Score:5, Interesting)
As you probably noticed yourself, it's likely a legal trap; if you show that you're interested in taking money for the domain name, they will then use that as an argument during legal proceedings that you're a domain name squatter.
So simply don't respond.
Well this is easy (Score:2, Interesting)
Re:Dear Slashdot, (Score:1, Interesting)
Or Dear Slashdot: How can I ensure I receive fair market value when selling my domain?
Really, the buyer should have used an anonymous offer service such as the Network Solutions 'Domain Name Certified Offer Service':
http://www.networksolutions.com/domain-name-registration/certified-offer.jsp [networksolutions.com]
(I recently sold chrysler-dodge-jeep.com this way, turned out it was just a dealer, not the corp..
Re:On the condition... (Score:3, Interesting)
Just ask them to point their MX records to your server. And make this a contract condition.
And why did *you* own chrysler-dodge-jeep.com? (Score:5, Interesting)
If you were a car dealer or specialized repair shop, then it may have been reasonable for you to own a domain using several of their trademarks. That's certainly too broad a set of categories to be a likely hobbyist organization. Sounds like you were cybersquatting.
That's a different case from acquiring generic names (which can be rather dubious as well), and a much different case from what the main article was about, which is somebody who owns a domain that's based on his own name.
Re:Turn the Screws on Their Thumbs (Score:3, Interesting)
Yes, and the company should immediately stop using the name in the .NL TLD, because it is quite likely the poster had a legitimate claim on it going back hundreds of years, along with all variations on the theme for the way the name has been represented in written records as language evolved.
Some years back, a national phone company wanted our company's domain, because it matched their stock ticker. We told them $25,000 buys it. Their stock was delisted (for falling below $1 for too long) before they came up with any cash, however, so we still have it!
Alternate hypothesis (Score:4, Interesting)
Maybe the sender is:
- a person who does not have English as their first language, and/or
- a techie?
That would account for the rough grammar and the informality.
I mean, seriously, if an IT guy from .NL wrote it, would you really expect it to read like an American lawyer wrote it?
Re:Turn the Screws on Their Thumbs (Score:5, Interesting)
Everyone's talking about lawyers and whatnot... what happened to just being polite? I guess lawyers have ruined that too.
Actually, I think you've hit on something there. If you go in with the intent of having a low-key, civil discussion, often times things you would say in the course of those discussions may damage your case if things escalate.
In your case, I'd state that you own it because it is your name, and have used it for X number of years to provide services X, Y, and Z for yourself. That should help establish the legitimacy of your ownership, and may (IANAL) protect you against any trademark issues. Given that, you'd obviously be losing something of value and have a transition cost, and then invite them make a reasonable offer.
Re:And why did *you* own chrysler-dodge-jeep.com? (Score:3, Interesting)
You have only suggested a couple of examples of fair use... there's plenty more. Mine was editorial-related. I produce an online automotive industry magazine and started to buy related domain names in case I wanted to expand into brand-specific publications. Sometimes acquiring relevant domain names can be the spark to finding a new market niche or convincing a potential business partner that a new publication idea will fly. Not all of them pan out, so I was prepared to sell in this case.
Re:Why? (Score:5, Interesting)
And the voice of reason speaks up.
It doesn't appear to be that hard to be reasonable, does it? I really must try it sometime.
But seriously, I would negotiate a price and probably ask nicely if I can keep an email address on that domain for a while. It's no real hassle for the other side's servers, unless you're getting multi-gigabytes of spam a day. Then at least you've got a good period of time to phase out that address.
Or keep the MX records for your domain and sub-let the www section out to them for $200/year. That way everything essentially just stays the same for you, and they get a .com webpage.
Plenty of options if everyone's talking nicely at the table.
Re:Finally a use for the 'itsatrap' tag (Score:2, Interesting)
Do you really think that any of the paid domain name resolution companies care about trademark law if it isn't in their paying client's favour?
Do you think the average joe in the street who has just lost his domain is going to file a lawsuit to get it back?
No, this guy cannot in any way ask them how much they are willing to pay.
He should reply however:
"Hi, thank you for your email.
As you can see, I use this domain name for my personal email service and website, amongst other activities, and I have done so for three thousand days. The domain matches my surname. It would be quite inconvenient to have to switch to using another service, in time and money, as well as inconvenient to all my contacts.
Therefore I am currently predisposed to not sell my domain name. However if certain aspects (in particular my email address) of my current use of the domain name were able to be continued (for at least a switch-over period) in the case that I was to provide you with the domain name for a sum of money to cover my costs and inconvenience then I would be amenable to further discussion of the matter.
Yours sincerely,
Hector H. Hectorus-Hectorii III"
Then they can come back and do things. Email also has the advantage of being a nice record of actions.
I'm sure that a few more replies can hone that text above into something that might actually be watertight against the other company taking you to arbitration because they're cunts in reality (if they are, they might be entirely honest, I don't know)...
Re:No, not likely (Score:4, Interesting)
Yes: supreme power. In the end, that's the only thing that truly matters. Everything else is just philosophy, which is fine as long as everyone plays along nicely; but when it goes down to a fight, might wins over right.
"Free market" is also free in the sense that the 500-pound gorillas are free to squeeze you underfoot. That's why I lean towards socialism myself; a single gorilla - the government - is easier to handle and if necessary distract than the small number of King Kong corporations of libertarianism or the endless hordes of rampaging killer apes of anarchism.
Yes, I'm very cynical.
This is an easy one... (Score:3, Interesting)
First - ignore it. If they're really interested and legitimate, they'll ask again, more than likely with a number attached.
If they contact you a second time (and they will if there's a CEO prodding an underling to get the name), tell them that you are not interested, as you currently are using the domain for (insert several uses here) and after (length of time you've owed it) of regular use, the effort to switch to another name would be a significant burden.
Rinse and repeat until either the number they throw at you is large enough to cover your legal bills for escrow, transfer agreements and execution (I would budget $5-10k) and clear enough to really make a difference in your finances. That might be $10k or $100k or more depending on your situation. If they don't come back, then you get to keep your domain.
If you get close to an agreement, I would seriously consider leasing the domain name as suggested above instead of selling, if you can't give up your email address. Put a 10 year lease on it with an option to purchase at the end. You can then get - and transfer - all your stuff over to a .us (or other) domain during that time, while requiring through the lease deal that they use forwarding to keep your emails coming at least during the lease period. Having had my domain for a decade, and having missed my .com by 3 months, I would opt for the lease or nothing short of $100k.
Re:The lawyers are not completely to blame. (Score:3, Interesting)
Lawyers do not get involved unless they are invited, but, there is always a lawyer who will take any stupid case that some idiot brings to their door.
.. No... you're wrong. They are completely to blame, along with the judicial system that permits their heinous exploits.
Re:Turn the Screws on Their Thumbs (Score:1, Interesting)
> ...mixed ethnicity...
You prefer some sort of racial purity? Please share.
Ehud
Escrow.com (Score:4, Interesting)
+1 on escrow.com
I sold a domain 2 years ago using escrow.com and everything went smooth as silk. To this day I do not know who the buyer was, but his agent handled a few details, and the money was wire transfered - ba da bing.
This was a domain I registered back in 1992 and I got an ridiculous amount for it. But if I knew then what I know now ... Sigh. I could have had sex.com, auto.com, business.com, etc.com. Sigh. Back to working on the perpetual motion machine.
Re:The lawyers are not completely to blame. (Score:3, Interesting)
They could (and should) have the decency to turn down ridiculous cases, or not turn mole hills into mountains. That would nip a lot of these cases in the bud right there. I don't see it happening though with the high number of practicing lawyers in this country, the reason that we have so many ridiculous class action suits is because too many lawyers don't have better things to do.
Law is probably the only line of work where the people working in the field answer only to themselves (because judges and elected officials come mostly from within the ranks), so expecting an outside observer to shake things up is a waste of time.
Rent it to them... (Score:2, Interesting)
Tell them you'll redirect web traffic to their website for a monthly fee.
Nothing beats recurring income.
Re:Turn the Screws on Their Thumbs (Score:1, Interesting)
Nissan [wikipedia.org] is the name of a month in the Jewish calendar and from there it entered use for personal names in Israel.
Nissan Motors Hebrew website is advertised as located at www.nissan-japan.co.il on Israeli Nissan car license plate holders but it looks to me like they now have bought out (or otherwise acquired) www.nissan.co.il from whoever had originally registered it.
Re:Turn the Screws on Their Thumbs (Score:3, Interesting)
Nissan Motors didn't start "bullying" until Mr. Nissan started having automotive advertising on his site.
Re:Turn the Screws on Their Thumbs (Score:4, Interesting)
Nissan is a common spelling/pronunciation of Nitsan, an Israeli name.
The name Nissan is not the same name as Nitsan. Nitsan is a flower bud. Nissan is a month in the Hebrew calendar. Both are names.
I wrote to Uzi Nissan about a year ago when I bought my Ford Focus. I let him know that I didn't even look at the new Nissan models because of what the company is doing to him. Nissan is losing sales over their treatment of the little guy. Uzi Nissan was in the car business when Nissan was still called Datsun. It should be Uzi suing Nissan Motors over the use of the name, not the other way around.
Re:Turn the Screws on Their Thumbs (Score:3, Interesting)
Re:This is what's wrong with corporations (Score:2, Interesting)
Good lord, what is it with people who just have no fucking clue about trademark laws. First, unless Uzi Nissan had a REGISTERED TRADEMARK for his name, and challenged Nissan Motors' trademark registration when they filed it, he has no right to use that trademark except in whatever local market he is doing business in. If he is not actively doing business, then he doesn't even have a trademark. It doesn't matter who was using it first, either. What matters is that Nissan Motors' trademark is famous, and at this point uncontestable.
As for the "it's his name" argument: that doesn't mean anything. Mercedes Benz is a name too. That doesn't mean I can have mercedesbenz.com.
Second, if Nissan Motors didn't try to get their domain back, they would have a hard time showing that they were diligent in protecting their mark. Actively defending your mark from misuse is a requirement imposed by the trademark laws. If they don't do this in ALL cases, they would have a hard time suing anyone over trademark misuse.