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-   -   Domain C&D letter (https://gfy.com/showthread.php?t=623706)

mkx 06-19-2006 10:12 PM

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 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. :1orglaugh

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. :1orglaugh

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.:2 cents:

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.


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