Noob question - publicly listed company domain I own

[jeremyb]

Hi folks. I started a small company in 2006 (I'll refer to it as 'company') and bought 'company.co.uk'. My company is no longer in existence but I still own the domain. In 2002, another UK company came into existence and after a couple of changes in ownership was publicly listed in 2014 and changed its name to 'company group plc'. They use the domain 'company-group.co.uk' and 'companygroupplc.com'. But they often use the word 'company' to describe themselves. It's revenue is around £250million.

Because I own 'company.co.uk' I quite often get email from people assuming the company owns the domain.

Can I sell it to them? What would it be worth? Or am I in deep doodoo for even owning it in the first place?

Thanks!

 

[CreativeMix]

Contacting them to sell would leave you vulnerable in a DRS because they could argue that the registration is an abusive one, especially as your company is no longer trading.

 

[jeremyb]

Contacting them to sell would leave you vulnerable in a DRS because they could argue that the registration is an abusive one, especially as your company is no longer trading.

Thanks - how could it be abusive though, if they took the name AFTER I already owned the domain? Am I legally obliged to just let them have it just because they started using that company name?

 

[CreativeMix]

Thanks - how could it be abusive though, if they took the name AFTER I already owned the domain? Am I legally obliged to just let them have it just because they started using that company name?

To win a DRS they would have to prove a right - which is easy - and that the registration is abusive. You can - presumably - show a trading history but the company no longer trades so whilst not a foregone conclusion, it's possible that an expert would see your attempt to sell the name as proof of an abusive registration. That's the gamble.

Am I legally obliged to just let them have it just because they started using that company name?

Not at all, so long as you don't try and sell them the domain or use the domain in a way that takes advantage of their IP then you're fine - presuming that the domain is generic and not an obvious brand - and maybe one day they'll come and try to buy it.

 

[ian]

Thanks - how could it be abusive though, if they took the name AFTER I already owned the domain?

Because you have subsequently renewed the domain each year there after, which could be perceived as holding for this very reason. Don't contact them, as tempting as it might be.

 

[jeremyb]

Thank you both for your responses. It has been tempting to contact them - thank you for the advice.

Do you think publicly listing it for sale would be a good move? Or just leaving a 'domain for sale' notice on the homepage? Or are neither of those a good idea either?

 

[Ben Thomas]

I would contact them. I would say look, I used this domain name for X number of years and now I have dissolved it. Would you be interested in taking on the domain as I frequently get correspondence for your company through the domain.

Don't mention prices, ask to speak to the business owner about it and see if you can arrange a real sit down meeting (in person) or over Zoom or whatever. If they are interested, negotiate a fair price with them. They can only say no.

The registration was not abusive, you traded using the domain name, domain name is now the company asset. Companies sell tangible assets like this all the time. Any right minded DRS decision maker would not find it abusive.

But take my advice and other peoples advice here and do not mention money until you've built up some sort of rapport and/or the topic comes up. Don't make out like you're just trying to make money, spend more time explaining to them why they need the domain and how their customers or clients or potential clients keep coming to your domain. Your superior domain.

Just hope the company owner you deal with is a fair one. Worst comes to worse, sell for under DRS cost.

 

[jeremyb]

Oh no - you're confusing the noob! This sounds like a logical approach as well. Hmmm... Is it worth the risk? Are we talking a domain value of £100, £1000, £10,000? I've really got no idea. If it was 5 figures I might be more tempted to contact them!

 

[Ben Thomas]

Oh no - you're confusing the noob! This sounds like a logical approach as well. Hmmm... Is it worth the risk? Are we talking a domain value of £100, £1000, £10,000? I've really got no idea. If it was 5 figures I might be more tempted to contact them!

Well, you’d need to have the domain valued.

 

[webber]

See the Flora DRS case (a long read)
From what I remember it sounds like a similar story: domain owner had a trading company but later dissolved it. No trading history for some 20 years since.
The DRS expert initially agreed with the complainant, but later the appeal panel just barely sided with the domain owner.
You're walking a thin line. Let them approach you

 

[dee]

yep. Not worth the risk if it has value.

 

[ian]

I would contact them. I would say look, I used this domain name for X number of years and now I have dissolved it. Would you be interested in taking on the domain as I frequently get correspondence for your company through the domain.

Under no circumstances do this!

 

[JMI]

In this situation I normally stick a non conflicting mini site on the domain, then politely contact the company and say I'm getting a lot of email/enqs not meant for me can you look into it... that normally gets the attention and does the trick without being abusive.