Domain C&D letter - GoFuckYourself.com

mkx · 06-19-2006, 10:12 PM

Has anyone ever flipped a C&D letter into a sale of the domain name? If so what was the response?

XPays · 06-19-2006, 10:14 PM

Quote:

Originally Posted by mkx

Has anyone ever flipped a C&D letter into a sale of the domain name? If so what was the response?

you need to be specific about the domain- if it's the torrent domains you were posting about, then your pitch for sale will be used in a udrp against you probably. on the the other hand, a udrp costs some money - you could cut them a deal under the legal cost. but 99% chance they will use it to fuck you.

chupachups · 06-19-2006, 10:16 PM

You SHOULD NOT make them an offer to buy the domain. Wait and see what happens.

nestle · 06-19-2006, 10:18 PM

Quote:

Originally Posted by mkx

Has anyone ever flipped a C&D letter into a sale of the domain name? If so what was the response?

No, but I've turned a C&D letter and replied with a very sophisticated "fuck off" message and they were practically begging me to sell it to them and to contact them again if I decided to change my mind.

They tried to bullshit me. I called them on it and they asked me if I wanted to sell it without an apology for the C&D.

Short Summary:
Them: We own the trademark of the word in your domain, give it to us.
Me: Oh yea, prove it or fuck off.
Them: We will buy it from you.
Me: I said prove it OR fuck off. You must fuck off now.
Them: Okay, if you change your mind, email us.

edit: of course, in my case, they had nothing to go on so it might not be useful for you.

mkx · 06-19-2006, 10:19 PM

Quote:

Originally Posted by XPays

you need to be specific about the domain- if it's the torrent domains you were posting about, then your pitch for sale will be used in a udrp against you probably. on the the other hand, a udrp costs some money - you could cut them a deal under the legal cost. but 99% chance they will use it to fuck you.

email sent

mkx · 06-19-2006, 10:20 PM

Quote:

Originally Posted by nestle

No, but I've turned a C&D letter and replied with a very sophisticated "fuck off" message and they were practically begging me to sell it to them and to contact them again if I decided to change my mind.

They tried to bullshit me. I called them on it and they asked me if I wanted to sell it without an apology for the C&D.

Short Summary:
Them: We own the trademark of the word in your domain, give it to us.
Me: Oh yea, prove it or fuck off.
Them: We will buy it from you.
Me: I said prove it OR fuck off. You must fuck off now.
Them: Okay, if you change your mind, email us.

edit: of course, in my case, they had nothing to go on so it might not be useful for you.

Did they end up buying the domain? Why wouldnt you just sell it?

nestle · 06-19-2006, 10:25 PM

Quote:

Originally Posted by mkx

Did they end up buying the domain? Why wouldnt you just sell it?

They were offering me a low $xxx for the domain. From my perspective, it was a good enough (and unique) of a domain to get it sold somewhere that there would actually be a market for it for high $xxx to low $xxxx.

Now that I think about it. That was the second domain I was contacted for... the first domain was better. They offered up mid-$xxx from the get go. The company who wanted it actually owned the co.uk equivalent while I owned the .com. But, it was my very first domain and I've been using the email address on it so extensively for several years, I didn't want to part with it.

LiveDose · 06-19-2006, 10:26 PM

I flipped one for $3500 recently.

Without knowing details it is impossible to give advice. I always ignore the first letter and see how serious they are. Any lazy fuck can get a C & D sent out. After that first letter most people/companies are not determined enough to follow through if you blow them off. If they do, often a negotiation starts. Do your research and know what you are doing or find someone that does.

Unless you are blatantly cybersquatting the domain issue is a very grey area. If you have a legitimate side then don't let some asshole try and bully you out of your domain.

mkx · 06-19-2006, 10:27 PM

i see, well this domain has one of the largests internet companies name right in it. i'd be better off selling it than parking it. how much does a udrp cost? If I can ask for less than what legal fees would be maybe they'd just cough it up, it's only worth a couple hundred to me.

LiveDose · 06-19-2006, 10:28 PM

Also, in any initial contact make it very clear that you are not interested in selling or are not trying to profit from the sale of the name.

LiveDose · 06-19-2006, 10:29 PM

Quote:

Originally Posted by mkx

Did they end up buying the domain? Why wouldnt you just sell it?

Respect.

mkx · 06-19-2006, 10:35 PM

alright thanks for the advise

DaddyHalbucks · 06-19-2006, 10:41 PM

First, if it is a famous, registered, and distinctive trademark, you should give it up without a fight. In such a case, you are on dying ground.

If they have no trademark or are over-reaching, you may want to fight or try to make a deal.

However, the mere offer to sell a domain can be construed as "bad faith" under the UDRP and ACPA (1999). Therefore, in cases where there is a real possibility of a dispute, you might want to first have the prospective buyer sign an NDA.

This is not legal advice and I am not an attorney.

06-19-2006, 10:12 PM	#1
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	Domain C&D letter Has anyone ever flipped a C&D letter into a sale of the domain name? If so what was the response?

06-19-2006, 10:16 PM	#3
chupachups Confirmed User Join Date: Dec 2002 Location: Sweden/Spain you sum bitch! Posts: 6,576	You SHOULD NOT make them an offer to buy the domain. Wait and see what happens. __________________

06-19-2006, 10:26 PM	#8
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	I flipped one for $3500 recently. Without knowing details it is impossible to give advice. I always ignore the first letter and see how serious they are. Any lazy fuck can get a C & D sent out. After that first letter most people/companies are not determined enough to follow through if you blow them off. If they do, often a negotiation starts. Do your research and know what you are doing or find someone that does. Unless you are blatantly cybersquatting the domain issue is a very grey area. If you have a legitimate side then don't let some asshole try and bully you out of your domain. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

06-19-2006, 10:28 PM	#10
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	Also, in any initial contact make it very clear that you are not interested in selling or are not trying to profit from the sale of the name. __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

06-19-2006, 10:41 PM	#13
DaddyHalbucks A freakin' legend! Industry Role: Join Date: Feb 2004 Location: Las Vegas, Nevada USA Posts: 18,975	First, if it is a famous, registered, and distinctive trademark, you should give it up without a fight. In such a case, you are on dying ground. If they have no trademark or are over-reaching, you may want to fight or try to make a deal. However, the mere offer to sell a domain can be construed as "bad faith" under the UDRP and ACPA (1999). Therefore, in cases where there is a real possibility of a dispute, you might want to first have the prospective buyer sign an NDA. This is not legal advice and I am not an attorney. __________________ Boner Money

06-19-2006, 10:27 PM	#9
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	i see, well this domain has one of the largests internet companies name right in it. i'd be better off selling it than parking it. how much does a udrp cost? If I can ask for less than what legal fees would be maybe they'd just cough it up, it's only worth a couple hundred to me.

06-19-2006, 10:35 PM	#12
mkx Confirmed User Industry Role: Join Date: Nov 2003 Location: Toronto Posts: 4,001	alright thanks for the advise