Domain Manage

can you get a drs from an offer on sedo?

Discussion in 'Domain Name Disputes' started by SecNam, Dec 4, 2010.

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  1. SecNam

    SecNam Moderator Staff Member

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    got a guy playing silly buggers on email last week over a domain then all of a sudden got an offer on sedo. now today the offer got upped.

    Question is if this is the same guy playing silly buggers if i accept the offer on sedo can this go against me if he goes to drs.
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. retired_member13

    retired_member13 Banned

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    I don't know about DRS, but it can and has wrt UDRP.
     
  4. Pred United Kingdom

    Pred Well-Known Member

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    wait until the offer is good enough, then accept
    they are legally bound to buy domain
    if it's under $3k then cheaper than going wipo from their point of view

    if it's a domain you want to sell, you have to stick your head above parapet at some point anyway

    if a .uk domain i think you have a very, very good chance of keeping domain
    i say this without knowing domain as i know you have 99% generics, also uk system is so much better than wipo, and allows for mediation etc

    ignore the offer until is good enough. they cant prove its you who listed at sedo, unless offer accepted and they can see invoice

    youtube.com and google.com and others have been listed on sedo before lol
     
  5. DropCatcher-co-uk Spain

    DropCatcher-co-uk Active Member

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    Sedo offers as precursor to DRS

    Many claimants are indeed now making lowball offers via Sedo and then immediately initiating a DRS when you reject their silly little £100 offers.
     
    Last edited: Dec 5, 2010
  6. SecNam

    SecNam Moderator Staff Member

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    thats what ive heard. just seeing if any have been successfull or not.
     
  7. Bailey United Kingdom

    Bailey Well-Known Member

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    As far as Gtlds go and from posts on another site, I know It's not considered bad faith to respond positively to an 'Unsolicited' offer to purchase. Obviously you need to be able to identify the party making the offer to be able to use that as a defence
     
  8. SecNam

    SecNam Moderator Staff Member

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    i think ill give nominet drs team a call on monday about it.
     
  9. namealot United Kingdom

    namealot Well-Known Member

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    Seen this type of tactic used more with .com etc if it’s near to a mark or same sort of product, item type thing or they just want it but don’t want to pay they try and say you put it up for sale… Shows your intention when registering the name was primarily for the purpose of selling it either to the Complainant or a competitor of the Complainant at a profit as evidence of bad faith registration….

    These are not solely using the having it up for sale argument but all have thrown it in

    WIPO Case No. D2007-0086 “Saying tries to sell shows bad faith registration?”

    WIPO Case No. D2001-0782,”Domain name was registered in good faith, it cannot, by changed circumstances, the passage of years etc “

    WIPO Case No. D2001-0006, “The Policy appears to assume that profiting from trade in descriptive names is not in itself to be regarded as bad faith.”


    I suppose sometimes throw enough mud some will stick, some will get out of its way... some will roll over was the tactic.. Have not seen it used in the uk much... Well yet..?
     
  10. invincible

    invincible Well-Known Member

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    Did you get told off for publishing what you've edited?;)
     
  11. DropCatcher-co-uk Spain

    DropCatcher-co-uk Active Member

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    Yeah, sort of, I had three different Barry's send me outraged PM's or emails, but it wasn't actually any of them that I was referring to. The lowballer isn't actually called Barry, just a private joke between me and him.
     
  12. anthony United Kingdom

    anthony Well-Known Member

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    See DRS 02321, quantel.co.uk, page 5, it might be what you're looking for.
     
  13. BREWSTERS United Kingdom

    BREWSTERS Well-Known Member

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    As others have already noted, the offering of domains for sale is a bona fide business and doesn't prove bad faith registration. Taking this further, a case could more easily be made for a claim of reverse hijacking by the use of the claimants entrapment tactics.
     
  14. Bailey United Kingdom

    Bailey Well-Known Member

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    Timely reminder Brewsters.

    Just as much as familiarising oneself with what not to be doing regarding TradeMark infringment is being aware of the remedies where a TM holder or Company registrant attempts to 'over reach' his or her rights.

    Amazing how many Company Directors are unaware of the serious repercussions to their business for over-reach. But as in all Civil Law there is no 'one size fits all' way of answering/advising on a particular instance without knowing all the facts
     
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