Problems Ahead

[retired_member6]

It always amazes me how stupid I can be (well not really amazed), I've had a .co.uk since 2003, I tried buying the .com but the person selling it, seeing my idea perhaps, developed the domain himself along the same lines and it still runs today.

My domain is a play on joined up words, so I bought the lengthy .co.uk, kept an eye out for the .com but failed to get it, I also regd the .net of the lengthy version a few years back. So I have 2 x .co.uk and one .net.

Now I recall at some point last year going to reg the short version .net but obviously I haven't, just looking around this morning I've found the longer version .eu, shorter version .eu and .net regd by the same company a month or so back.

To me, this is a company moving in on my territory and I KNOW I should have bought them years ago. Silly me... so I could send a cease and desist but if they're anything like me then they'll tell me to "clear orf son." So I've emailed them instead asking their intentions.

I suppose I could be in a good position here or I could be about to be drs'd in the future - funny old game, either way it doesn't look good. Now as an oddsnsods domainer I know unless the domain is spectacular or spot on or favourable, then there's always a million and one other domains out there as alternatives.

To me this looks like a company moving in looking to ambush my domains, alternatively if their company is a success on those domains, I'm looking at some very nice traffic and exactly the type of traffic I would enjoy and make thousands out of, especially as I have both .co.uks and the longer version .net.

So my options are to wait or perhaps tell them a little story and cash in and grab money now - although admittedly I haven't got the .coms, they don't appear to have the .com lengthy version yet and they haven't asked me about the domains I hold. So it might just be a stalemate.

What do you think? Just leave it, ask for money or just hope they set up and benefit from their traffic in the future? and still risk having the domains poached off me. In my mind, I've done nout with the longer versions in the past few years and earned very little off the short version either.

What would you do? I could get my own back and reg their company name in .co.uk, net and .eu as a trump card but then that might 'cause more bother.

 

[Streamic]

What would you do? I could get my own back and reg their company name in .co.uk, net and .eu as a trump card but then that might 'cause more bother.

The legal opinion from DomainChannels legal panel seemed to be - make sure you have some claim on the TM and develop some basic, relevant content on there if you want to keep the name (if it goes to DRS).

That would hopefully be enough to protect you. (I am assuming they don't already have a tm on that phrase).

It seems that the DRS can play double jeopardy to someone like yourself if the company wants to take you to court outside the DRS.

 

[retired_member6]

The legal opinion from DomainChannels legal panel seemed to be - make sure you have some claim on the TM and develop some basic, relevant content on there if you want to keep the name (if it goes to DRS).

That would hopefully be enough to protect you. (I am assuming they don't already have a tm on that phrase).

It seems that the DRS can play double jeopardy to someone like yourself if the company wants to take you to court outside the DRS.

Well I've been operating on the domain since 2003 and I was thinking if they're muscling in they can pay several to plus a tad more thousand for the domains if they're trying it on or I could get in first and go after the .eu and .net, attack being the best form of defence or we can agree to leave each other alone and I benefit from their multi million pound traffic - depending on their use of the domains (if at all), got to be multi million, they claim to have half a million customers in one form or another.

It being a 2003 domain, it has history, if I was to start working properly on it again then it would bear fruit that's why I'm a bit annoyed that I've let this happen, it just gets a bit expensive protecting brand sets that I don't use, I should have regd them last year when I aimed to. My fault, now I'm in this position. Domainers, fair enough, no threat but a company... not good.

I'll see what their reply is tomorrow, if I get one at all.

 

[Streamic]

I'll see what their reply is tomorrow, if I get one at all.

Best of luck with it.

Paul

 

[retired_member6]

Re corporate negotiations, is it best to do my own summing up to get a figure and sell it or to bring in the likes of sedo to possibly negotiate and get an agreeable figure?

I contacted the party concerned, first and secondly to find out their intentions, no reply. I sent a third this morning 'without prejudice' and they replied stating, "although they're not tied to the brand and the domains are for a future initiative," they're asking "what I'd propose with regards the sale of the domains."

I just don't want to blow it, knowing the thousands I've earned from the domains and how easy it is to get googled (the mind boggles why I don't work on the site much anymore then) the trouble is the earnings are past and not current so multiplying is pretty useless. Bugger.

What do you think? Get sedo to appraise or just work out a sum I'm happy with and go the usual blag and bowl route?

Cheers
Lee

 

[Streamic]

What do you think? Get sedo to appraise or just work out a sum I'm happy with and go the usual blag and bowl route?

Cheers
Lee

Again, not wanting to repeat the opinions raised by people such as giraffe co uk too much, they raised some very good points about putting yourself in a position of negotiating power.

If you are just waiting for a DRS then the best route would be to appraise and sell for a fair, independently set price (that's if you can swallow whatever that throws out).

Approaching them with a price might just pre-empt a DRS (if they are savvy) and if you don't own any marks on the name then that could just be a pain for you.

Getting a TM, developing very simple (wikipedia?) non infringing content on the domain and waiting for a counter offer might be a good tactic to squeezing the most out of that negotiation.

Depends on what you will do if you keep it? What would you do if you had the money?

Paul