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Old 18-12-2010, 07:17:09 PM     #1 (permalink)
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Domain brokering service?

Hi All,

I own the UK trademark for an 8 letter word - the company that own the .co.uk are asking for €10k+ for the name on Sedo.

I wondered if there are any professional services that would engage with companies like this in order to get the best price for the domain name.

The TM that I own means that any other potential buyer of the domain would legally find it quite difficult to start an online business/service without infringement.

Further, I wouldn't really be interested in a firm that takes a % cut of the final price as I don't believe that they would necessarily have the client's best interest at heart.

Thanks for any advice.
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Old 18-12-2010, 07:32:21 PM     #2 (permalink)

 
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http://www.nominet.org.uk/disputes/drs/

I'd suggest getting in contact with nominet if its regarding a TM issue using their DRS service, I'm sure there are plenty of people on here that have more brokerage experience with me, so maybe wait for some more replies!
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Last edited by Aaron Clifford; 18-12-2010 at 07:50:53 PM.
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Old 18-12-2010, 07:55:04 PM     #3 (permalink)
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Cheers for the response Aaron - don't think I have any rights to the domain as such as I registered the trademark after the domain was registered by them.

I'll see if anyone else has any suggestions
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Old 18-12-2010, 08:31:49 PM     #4 (permalink)

 
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Hi ,

as i said per PM if you contact http://www.nominet.org.uk/about/contact/

Wizard

Quote:
Originally Posted by OVRLD View Post
Cheers for the response Aaron - don't think I have any rights to the domain as such as I registered the trademark after the domain was registered by them.

I'll see if anyone else has any suggestions
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Old 18-12-2010, 10:47:46 PM     #5 (permalink)

 
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I don't think it takes a rocket scientist to work out the 8 letter word and I think you might struggle to get much of a discount on the domain, as they might be the sort of company that will hold out for that amount.

It also looks like they might have owned the domain for over 12 years prior to your trademark being registered, so I think you might waste your money on a DRS.

I really don't think it's worth €10,000, as it's not produce related, so the only value would be in potential branding of the domain. ie I don't think they'd have had too many other offers for the domain.

Good luck!
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Old 18-12-2010, 11:11:39 PM     #6 (permalink)
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Ok thanks - I might just send them an email and see what they say!
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Old 18-12-2010, 11:17:10 PM     #7 (permalink)

 
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Originally Posted by OVRLD View Post
Ok thanks - I might just send them an email and see what they say!
The best thing you could do is make them your best offer and make it clear that you will not (or cannot) go a penny higher. They'll probably be expecting some kind of counteroffer. If they still say no, then you know you've tried your best and you'll be able to find a better value domain!
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Old 18-12-2010, 11:31:29 PM     #8 (permalink)
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Quote:
Originally Posted by OVRLD View Post
Hi All,

I own the UK trademark for an 8 letter word - the company that own the .co.uk are asking for €10k+ for the name on Sedo.

I wondered if there are any professional services that would engage with companies like this in order to get the best price for the domain name.

The TM that I own means that any other potential buyer of the domain would legally find it quite difficult to start an online business/service without infringement.

Further, I wouldn't really be interested in a firm that takes a % cut of the final price as I don't believe that they would necessarily have the client's best interest at heart.

Thanks for any advice.
I think you will find that they wouldn't have any problem starting an online business.

And you should be very careful in the way you are doing this as any domain owner switched on enough could have your trademark taken away.

Last edited by Caz; 19-12-2010 at 03:09:40 AM. Reason: spelling error
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Old 19-12-2010, 12:39:44 AM     #9 (permalink)

 
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Given the precariousness of your position regarding this domain. I believe your best bet is indeed to make a polite but formal approach to purchase the domain.

I'm always concerned when somebody paints a situation picture but chooses (initially) to leave-out material facts (ie A 12 year old predating registration) OK to do that in negotiations with the seller but very questionable when asking for independant advice - as you have done here.

However, to move forword, The good news - at least you know the domain is available to be purchased, I agree sending an inquiry email or even letter if you choose is the best start, I would advise leaving out any reference to your TM at this point as the seller is unlikely to view that as relevant in the circumstances. A polite " I would like to use the domain for my business" is always the best opener.

1. it confirms you are a serious purchaser
2. You accept there is commercial value to both yourself and the holder of the domain

Always best from a "buyers point of view" not to mention an opening offer, but establish a rapport. All domainers would like to sell, so just discuss the domain as you would with a salesman selling a product in any other scenario (the £10k asking price is relevant but not material to the negotiations, so don't mention it).

Hopefully your realistic in your own expectations, so once the seller has relayed his asking price, you are hopefully willing to counter at a sufficient offer that will at least gain the sellers attention, Of course expect a second counter offer from the seller, probably somewhere midway between your offer an the original asking price, _ Now, where it ends-up on the scale between your offer and that 'ask' is down to your negotiating skills. Good luck.
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Last edited by Bailey; 19-12-2010 at 12:53:52 AM.
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Old 19-12-2010, 01:30:21 AM     #10 (permalink)
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It sounds like the owner of the domain wouldn't need the money, so an attempt to negotiate down would not work. If £10K is the minimum they will want far more.

If the domain is generic and your mark is in one class of trademark that wouldn't stop anyone else using the domain in another.

If you used the DRS service and failed (which sounds highly likely, 12 year prior registration), say good-bye to any reasonable outcome of you purchasing it. Spite and anger will be in play then.

The seller obviously doesn't mind paying Sedo a 10% fee or it wouldn't be listed there.

If you choose to make direct contact put an offer upfront, I don't respond to any inquiries that don't contain an offer. Forget rapport building exercises.
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