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aflex

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#1

a record label wants to buy a domain of mine, help please

06-16-2004, 09:57 AM

I own the domain name for a known Rap artist, and his record label's lawyers have contacted me, asking to transfer it to them.

I replied to them asking for a written proposal, instead of negotiating on the phone or through email.

today their lawyer emailed me asking for "the amount of money and the number of hours you have spent in connection with the web page at www.xxxx.com? This information will be helpful to us in formulating a proposal to you".

has anyone ever done this before? will they offer me exactly what i paid out and for my time (which isn't much)? should i mention i've turned down offers to purchase the domain?

I'm looking for around $2,000 for the domain, which I think is a steal because of how well known the artist is, and how the artist has an album coming out in the fall.

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Doctor Dre

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#2

06-16-2004, 09:59 AM

Ask for 10 time the price and say you wont settle for less . He will cut it by half at least and make you an offer ... 5k $ for a domain from a rap artist isnt that bad ...

Originally posted by rayadp05

I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?
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#3

06-16-2004, 09:59 AM

i told you nigga,stick to your guns!

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Doctor Dre

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#4

06-16-2004, 10:01 AM

Shoot me an icq : 23606902

Originally posted by rayadp05

I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?
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slavdogg

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#5

06-16-2004, 10:03 AM

dont do anything in writing
they'll use it against you in a UDRP action
which will only cost them $1500 to take the domain away from you.

$2000 is not unreasonable

i'm not a lawyer, i only play one on TV .. but i would say call them up tell them some bullshit how you like the artist and shit and either have them give you a price or offer it to them for $2000

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slavdogg

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#6

06-16-2004, 10:04 AM

however if the domain was not used and the name could have a double meaning, i would fight this one.

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#7

06-16-2004, 10:06 AM

take watever they offer you if you ask for too much they will go thru the bullshit of taking it awaw from you.

They probably figure its easier to pay you then to go thu the bullshit of getting it away form you.

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#8

06-16-2004, 10:06 AM

Yeah , get what you can. Thats a good domain I think

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Doctor Dre

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#9

06-16-2004, 10:06 AM

Originally posted by slavdogg
however if the domain was not used and the name could have a double meaning, i would fight this one.

If you registered it before the artist popped out then you might have a chance to win this one too

Originally posted by rayadp05

I rebooted, deleted temp files, history, cookies and everything...still cannot view the news clip. All I see is that fucking gay ass music video from "Rick Roll". Anyone else have a different link to the news clip?
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phatzane®

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#10

06-16-2004, 10:06 AM

if u ask for too much they'll just change it. same thing happened with b2k now its www.b2klovesyou.com because their record exec's didnt want to put up with some nobody giving them a huge offer and being greedy...

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#11

06-16-2004, 10:09 AM

Originally posted by phatzane®
if u ask for too much they'll just change it. same thing happened with b2k now its www.b2klovesyou.com because their record exec's didnt want to put up with some nobody giving them a huge offer and being greedy...

Well then u still have a lot of traffic. So it doesnt really matter.
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aflex

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#12

06-16-2004, 10:11 AM

the domain is currently sitting with just a picture of the artist, a banner supporting them, and a link to a news article.. i have never profitted from it, and the site was ran to support the artist.

i really don't want to fight the lawyer, i did some research on him, and he is highly regarded in the ecommerce field of law.

the only thing i feel i have going for me, in regards to a UDRP action, would be that I purchased the domain 11 months before the artists stage name was trademarked.

slavdogg, if I emailed him back requesting $2000, could that be used against me? or is it best to phone him?

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#13

06-16-2004, 10:13 AM

get as much as you can from him.

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#14

06-16-2004, 10:19 AM

Originally posted by aflex
I own the domain name for a known Rap artist, and his record label's lawyers have contacted me, asking to transfer it to them.

If you bought the domain with the intention to sell it to the artist... then it is Illegal..its cyber squatting!
make sure they make you the offer and you are not the one to initiate on paper. (or email)

Cybersquatting, i.e., obtaining a domain name just to seek payment from the owner of a trademark, business name, trade name, or brand name, can include typosquatting, where one letter is different or .net, .org. when used as variations. However, the extension (.com, .net, .biz, .org, etc.) is not important when dealing with the issues associated with cybersquatting and trademark dilution.

A trademark owner can prevail in a cybersquatting action by showing that the defendant, in bad faith and with intent to profit, registered a domain name consisting of the plaintiff's distinctive trademark. Factors to determine whether bad faith exists are the extent to which the domain name contains the registrant's legal name, prior use of the domain name in connection with the sale of goods and services, intent to divert customers from one site to another and use of false registration information and the registrant's offer to sell the domain name back to the trademark owner for more than out-of -pocket expenses.

Furthermore, repatriation is available (non-exclusive and less expensive than a lawsuit) under the new Uniform Domain Dispute Resolution Policy (UDRP) administered by ICANN (http://icann.org/udrp/udrp.htm) and provides a binding arbitration-like proceeding whereby trademark owners can obtain ownership of domain names which are identical or confusingly similar to the subject trademark and were registered in bad faith by others with no legitimate interest in the name. The UDRP requires that the cybersquatter is actually using the domain name, as opposed to just registering it.

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#15

06-16-2004, 10:20 AM

I would call him, but don't give it up for free. His job is to intimidate you into giving up the domain as i'm sure you already know
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aflex

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#16

06-16-2004, 10:29 AM

a big fuck you to whoever posed as KRL, contacted me, and gave me a gay phone sex number to call. i looked the # up on google before i gave thought on calling.

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AVM

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#17

06-16-2004, 10:30 AM

Ignore the emails, and make one contact via phone. When in discussion with them, leave them with their dick in hand. Do not disclose a number. Nothing definitively stated. Do not even seem interested in selling, or eager to give in at the presence of UDRP. Thereafter the phone contact, ignore any and all emails with less than suitable offers.

For the time being I'd forward the traffic to ppc for traffic monetization.
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#18

06-16-2004, 10:36 AM

Originally posted by aflex
a big fuck you to whoever posed as KRL, contacted me, and gave me a gay phone sex number to call. i looked the # up on google before i gave thought on calling.

Someone has too much time on their hands.
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Tom_PMs

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#19

06-16-2004, 10:42 AM

It's not "cybersquatting" when you owned the domain before the artists name was trademarked. It's good luck.
IMO

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D-man

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#20

06-16-2004, 11:02 AM

Originally posted by aflex
the domain is currently sitting with just a picture of the artist, a banner supporting them, and a link to a news article.. i have never profitted from it, and the site was ran to support the artist.

i really don't want to fight the lawyer, i did some research on him, and he is highly regarded in the ecommerce field of law.

the only thing i feel i have going for me, in regards to a UDRP action, would be that I purchased the domain 11 months before the artists stage name was trademarked.

slavdogg, if I emailed him back requesting $2000, could that be used against me? or is it best to phone him?

11 months before the trademark aside - If this artist was known to you as an artist and you then registered the domain name you're going to have to prove it was becase you intended to use the domain for something. You are in a fix here because from what you said it sounds like a fan site.

This lawer is asking you questions about your time and effort put into the site to determin if you are running the site in good faith as a fan or are you in fact just cyber squatting hoping they hit big. You're intention to not profit from the site gives them a good argument for its cyber squatting if you ask for too much money.

I would be honest with this lawyer about your intentions and ask him to make you a "reasonable offer" - If your a fan then try and get what you can from the guy - like a ticket to their next show and back stage passes - or offer to run the site for them - you may be able to get a good paying gig out of it - check the record label for other artist web sites -

Just be carefull - maybe if you have access to an attorney you may want to talk to him before you talk to this guy - Does he represent the artist or the record label etc.
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#21

06-16-2004, 11:11 AM

get a lawyer and dont talk to them until you have representation

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TheGoldenChild

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#22

06-16-2004, 11:19 AM

Originally posted by webair
get a lawyer and dont talk to them until you have representation
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#23

06-16-2004, 11:20 AM

tell them RNS Ownz U and i am sure they will give u tons
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aflex

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#24

06-16-2004, 11:23 AM

wdsguy, chill out

self made mothafucka.

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#25

06-16-2004, 11:30 AM

Talk to beemk, he's going through the same thing with another "rap group." Whatever you do, don't just hand it over to them. Good luck.
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aflex

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#26

06-16-2004, 11:34 AM

Originally posted by TheSmutPeddlerDOTcom
Talk to beemk, he's going through the same thing with another "rap group." Whatever you do, don't just hand it over to them. Good luck.

yeah beemk is a good friend

i'm going to think it over a day or so, im really just looking for feedback to ponder over. like D-man said, i'm in a fix.

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#27

06-16-2004, 11:43 AM

Originally posted by aflex
a big fuck you to whoever posed as KRL, contacted me, and gave me a gay phone sex number to call. i looked the # up on google before i gave thought on calling.

lol, that's not a gay phone sex line, that's juicy's phone#

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#28

06-16-2004, 11:43 AM

I had a very popular country artists name a couple years back and she had an attorney contact me that was a total dick but they ended up giving me more than I ever put into it. My advice would be NOT to ignore him and not demand thousands because chances are you will lose the domain. You either need to get an attorney or start communication yourself. I ended up talking to her business manager and then her and was offered concert tickets and an opportunity to meet her along with the money but told them no thanks. The Attorney sent me a check and I transferred them the domain.

If your not making any money off of it and you are a real fan then be reasonable and you could make a little money off of it.
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#29

06-16-2004, 11:45 AM

Those broke rappers never can register their domains before they make their meelions.

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#30

06-16-2004, 11:49 AM

Originally posted by Doctor Dre
Ask for 10 time the price and say you wont settle for less . He will cut it by half at least and make you an offer ... 5k $ for a domain from a rap artist isnt that bad ...

yeah i agree with ^.
Rap artists are rich.
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#31

06-16-2004, 11:50 AM

Be fair with them and the'll buy it from you, be an asshole and they'll take it from you. Very simply put.

Something is better then nothing.

Trust me on this one.

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#32

06-16-2004, 11:53 AM

Sounds like you're being setup for legal action.

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#33

06-16-2004, 12:00 PM

read through these:

http://www.icann.org/udrp/Detail5.htm

heres a funny one:
http://www.arbforum.com/domains/decisions/203127.htm

cost 8 bucks to register it, and aol 1500.00 to take it away hahaha.

if you have no bad faith, you could be fine with your domain.

and, what is the domain, just tell us!
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collegeclam

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#34

06-16-2004, 12:03 PM

Originally posted by AVM
Ignore the emails, and make one contact via phone. When in discussion with them, leave them with their dick in hand. Do not disclose a number. Nothing definitively stated. Do not even seem interested in selling, or eager to give in at the presence of UDRP. Thereafter the phone contact, ignore any and all emails with less than suitable offers.

For the time being I'd forward the traffic to ppc for traffic monetization.

if you do what he does, consider the domain gone.

avm, i hope youre talkin sarcastically on this one.
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#35

06-16-2004, 12:10 PM

Originally posted by KRL
Sounds like you're being setup for legal action.

my first thought exactly

aflex, DONT put anything in writing
even anything you ask for over the phone they can use against you

and like others said, if you do negotiate with them
try to get some tix, signed CDs and whatever else they can give away... and $2k for the domain would not be unreasonable

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#36

06-16-2004, 12:12 PM

Originally posted by slavdogg
my first thought exactly

aflex, DONT put anything in writing
even anything you ask for over the phone they can use against you

and like others said, if you do negotiate with them
try to get some tix, signed CDs and whatever else they can give away... and $2k for the domain would not be unreasonable

Yeah get enough stuff to resell on eBay

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AVM

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#37

06-16-2004, 12:23 PM

if you do what he does, consider the domain gone.
avm, i hope youre talkin sarcastically on this one.

No. Not true at all. Are you sure you know the procedure?

He does not have to entertain any initial discussion with the party until the UDRP/WIPO is presented. Even then, he only has to provide evidence to the panel that his registration was purchased in good faith. Any correspondence with the record label/complainant is not required. Ignoring email responses is not a sign of bad faith. Thus, I stand adamantly by what I stated. Nothing sarcastic about it.
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aflex

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#38

06-16-2004, 01:17 PM

after thinking it over, i'll be requesting $2000 from them. It's a fair amount for the domain, and I figured they would need to spend atleast $1500 to start a UDRP action against me, and for 2k they could have the domain within a few days.

I never made money off the domain, so worst comes to worst, they'll spend the big bucks and go the legal route.

self made mothafucka.

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#39

06-16-2004, 02:37 PM

good luck, for the domain you have you should have no trouble geting 2k.

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#40

06-16-2004, 02:39 PM

Originally posted by KRL
Sounds like you're being setup for legal action.

the date they seek is not for fun

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#41

06-16-2004, 03:14 PM

Originally posted by aflex
after thinking it over, i'll be requesting $2000 from them. It's a fair amount for the domain, and I figured they would need to spend atleast $1500 to start a UDRP action against me, and for 2k they could have the domain within a few days.

I never made money off the domain, so worst comes to worst, they'll spend the big bucks and go the legal route.

You do that and you are asking for trouble. First off, you already admitted you did not put much time/money into the domain. By requesting 2 grand it makes it obvious you are attempting to profit from the domain registration, which is grounds for a lawsuit. Unless things have changed from a few years ago the law allows $100,000 to be paid for acts of cybersquatting.

I was involved in the same thing a few years ago. Some punk thought he would be cool and registered 7 different variations of a domain I owned and trademarked. He then offered to sell them to me at $3000 a piece, and if I didnt buy them he said he was going to put them on Ebay. He was a real arrogant motherfucker and thought he was doing me some type of favor. Needless to say I filed a $700,000 lawsuit against him in Federal court. Well his lawyer must have set him straight because his attitude changed completely and he ended up offering me a settlement of all 7 domains and paying me $5000 plus Attorney fees.

If I was you I would take whatever they offer and count yourself lucky they don't sue your ass.
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