Domain C&D letter

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  • mkx
    Confirmed User
    • Nov 2003
    • 4001

    #1

    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?
  • XPays
    Team Player
    • May 2004
    • 13002

    #2
    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.
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    • chupachups
      Confirmed User
      • Dec 2002
      • 6576

      #3
      You SHOULD NOT make them an offer to buy the domain. Wait and see what happens.

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      • nestle
        Confirmed User
        • Apr 2006
        • 647

        #4
        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.
        Last edited by nestle; 06-19-2006, 09:19 PM.

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        • mkx
          Confirmed User
          • Nov 2003
          • 4001

          #5
          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

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          • mkx
            Confirmed User
            • Nov 2003
            • 4001

            #6
            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?

            Comment

            • nestle
              Confirmed User
              • Apr 2006
              • 647

              #7
              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.
              Last edited by nestle; 06-19-2006, 09:26 PM.

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              • LiveDose
                Show Yer Tits!
                • Feb 2002
                • 25792

                #8
                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
                  Confirmed User
                  • Nov 2003
                  • 4001

                  #9
                  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.

                  Comment

                  • LiveDose
                    Show Yer Tits!
                    • Feb 2002
                    • 25792

                    #10
                    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
                      Show Yer Tits!
                      • Feb 2002
                      • 25792

                      #11
                      Originally posted by mkx
                      Did they end up buying the domain? Why wouldnt you just sell it?

                      Respect.

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                      • mkx
                        Confirmed User
                        • Nov 2003
                        • 4001

                        #12
                        alright thanks for the advise

                        Comment

                        • DaddyHalbucks
                          A freakin' legend!
                          • Feb 2004
                          • 18975

                          #13
                          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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