mkx

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

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.

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chupachups

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

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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.

mkx

email sent

mkx

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

nestle

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

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.

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mkx

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

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.

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LiveDose

Respect.

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mkx

alright thanks for the advise

DaddyHalbucks

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.

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