Trademark domain - potential buyer making first approach

[timter51]

I have a domain name which I'm not actively marketing for sale, which is a registered trademark, but also a name of a place, and a common surname. I've been contacted by a domain broker, who has asked whether it's for sale and at what price. I have a sneaking suspicion they are acting on behalf of the trademark owner.

Where I do I stand with this? Could this be a ruse to get evidence that I'm looking to profit from it, giving them ammunition for a DRS? Or am I ok, purely because they've made the first move (and the domain has no for sale page, not listed for sale anywhere)?

This is a £multimillion company so I'm treading very carefully!

 

[Retired_Member38]

I appreciate you can't do this now but with that situation it would surely make sense to spend £50-100 building out a site about the place?

 

[Adam H]

Maybe you could reply with the wording that you are in the middle of development for a website which was about the place but if there was a serious offer on the table you may consider it. Then quickly throw wordpress on there with holding page about the place name.

 

[WalkinDude]

You need to check the date of when the domain was first registered against the date of when the trademark was issued. If yours is the earlier date you got pretty much no worries. If not you may have things to consider.

I'm sure others know more but if it were me I'm naming my price pure and simple:

First you haven't actively sought them out as a buyer.

As you say the domain is also a GEO and well known Surname. You have adequate excuses on that basis as to why you own it.

But most importantly the logic book suggests every buyer who approaches you 'could be' the Trademark owner. The situation doesn't change in the future by avoiding the possible confrontation now.

Something like 'This domain is actually under development as a blah blah blah, however given it's only one of many projects in the pipeline, you are free to present your offer'.

 

[timter51]

Yeah... that would have been good! I only caught it within the last month or so, I just put it in my daily list on the off chance and caught it, then forgot about it. So this is very much out of the blue.

 

[timter51]

Maybe you could reply with the wording that you are in the middle of development for a website which was about the place but if there was a serious offer on the table you may consider it. Then quickly throw wordpress on there with holding page about the place name.

You need to check the date of when the domain was first registered against the date of when the trademark was issued. If yours is the earlier date you got pretty much no worries. If not you may have things to consider.

I'm sure others know more but if it were me I'm naming my price pure and simple:

First you haven't actively sought them out as a buyer.

As you say the domain is also a GEO and well known Surname. You have adequate excuses on that basis as to why you own it.

But most importantly the logic book suggests every buyer who approaches you 'could be' the Trademark owner. The situation doesn't change in the future by avoiding the possible confrontation now.

Something like 'This domain is actually under development as a blah blah blah, however given it's only one of many projects in the pipeline, you are free to present your offer'.

Good points and good ideas chap, thanks, I could easily get a Wordpress site on there by the morning. Regards dates, this is a recent catch, and loses to the trademark reg date by about 40 years!!

 

[Retired_Member38]

Yeah... that would have been good! I only caught it within the last month or so, I just put it in my daily list on the off chance and caught it, then forgot about it. So this is very much out of the blue.

If you only caught it a month ago then I would absolutely start developing a city name site. Tell them thats what you're doing and why you bought it... feel free to make an offer if you like.

It'd be a whole different ball game if you'd owned the domain for 8 years parked and then a city site popped up on it 5 days after they tried to buy it.

It all depends how much money we're talking here. Is it worth your time to build a little city site there, on the off chance of getting a sale of the domain ? None of us know your situation, or how much value is likely to be placed on the domain so only you can answer that

 

[timter51]

It all depends how much money we're talking here. Is it worth your time to build a little city site there, on the off chance of getting a sale of the domain ? None of us know your situation, or how much value is likely to be placed on the domain so only you can answer that

If it is the trademark holder and if they are genuinely just wanting to protect their brand by buying up extensions (their site is on the .com), then god knows what it's worth to them. I hate situations like this!

 

[Murray]

If it's a common surname and place then you should be all fine and dandy I would have thought.

But I would wait till someone who actually knows what they're talking about answers like Foz or Invincible etc

 

[RobM]

If I had any doubt I'd just answer it's not for sale. They'll make an offer if they really want and you didn't solicit in any way.

 

[AssetDomains]

Was it parked with any ad's which infringed there trademark if so you could be in trouble.
If not and if its a truly generic word, place or person names there trademark doesn't mean much in terms of DRS
There's plenty of past precedent to help you defend it

 

[Retired_Member38]

If I had any doubt I'd just answer it's not for sale. They'll make an offer if they really want and you didn't solicit in any way.

If you think you've done something which would kill you in a DRS already, I'd be tempted to reply back "sorry, I've already sold it and I'm just dealing with the transfer".


"sell" it to someone else, and they can then approach them once they see its transferred if they like. With the record reset as far as any stupid links or parked pages or whatever that you used.

 

[bonusmedia]

Not an expert, but IMHO:

If it's also a surname and placename you have good reasons to hold it.

Check what categories the trademark is in, if you haven't done anything with it in those categories and you haven't tried to sell it to them I'd say you're in the clear.

Certainly no need for lies or underhand sneaking about

 

[namealot]

A multinational would have vast legal teams I’d wonder is it they don’t know, care or that there claim is piss poor?
There TM doesn’t stop you registering or selling the name even if its exactly the same it may increase there chance of winning DRS etc but as your state name has verity of meanings surname, place name they’d also know that? TM’s don’t give them carte blanche (although “easy” would disagree?) take Apple Inc and apple.co.uk, iphone.com icloud.com they wouldn’t have paid for those if trademarks were be and end all? they offer type of protection but not everything??

Some TM holders would approach directly, some via third parties, if that fails often threaten/start Legal action DRS etc some may do nothing if you do nothing? they may well use correspondence/ advertising showing its for sale, the price, whats on the site etc in there case?

If they do start DRS easy countered with it’s a surname, place name price based on those factors and potential buyers advertisers etc There are things you could try to strengthen your case put up a site etc but if it is them behind the approach they’ll likely counter with you doing so after contact was made? Out of interest broker? How established are they, firm etc
I’d decide what I wanted for the name either put up a site, stick a price on it or drop it keeping and doing nothing may make them approach you with a firm offer but could just end up the same 5 years on is it worth the grief?

 

[Retired_Member38]

here are things you could try to strengthen your case put up a site etc but if it is them behind the approach they’ll likely counter with you doing so after contact was made?

He's only just bought the domain. It would be completely reasonable to say it was bought to develop, but he hadn't launched it yet. Its not like he's owned it for years and a site is appearing straight after contact.... that would look suspicious.

 

[foz]

I have a domain name which I'm not actively marketing for sale, which is a registered trademark, but also a name of a place, and a common surname. I've been contacted by a domain broker, who has asked whether it's for sale and at what price. I have a sneaking suspicion they are acting on behalf of the trademark owner.

Where I do I stand with this? Could this be a ruse to get evidence that I'm looking to profit from it, giving them ammunition for a DRS? Or am I ok, purely because they've made the first move (and the domain has no for sale page, not listed for sale anywhere)?

This is a £multimillion company so I'm treading very carefully!

Do you have other place and surnames in your portfolio? Having a pattern of similar registrations is helpful, but not essential.

Trading in domains for profit is legitimate (acknowledge under the DRS policy). They approached you not the other way around, so you're on safe ground.

Non-use of a domain name cannot be seen as an abusive registration. If you have no website or lander and no email function, you are in a solid position too.

 

[timter51]

He's only just bought the domain. It would be completely reasonable to say it was bought to develop, but he hadn't launched it yet. Its not like he's owned it for years and a site is appearing straight after contact.... that would look suspicious.

This is the route I've gone, I've told them that I'm currently developing a travel guide website for the domain and had no plans to sell, but would listen and respond to any offer out of courtesy.

The ironic thing is that I only loaded the domain to catch because it had good Google KWT local searches which I assumed was for the location, not knowing it was a TM. The more I look into it, the more I'm thinking the searches are for this company rather than the place, as it doesn't look like it's particular travel hotspot. I guess that doesn't matter, though, apart from it being odd that I'd develop a travel guide site for it...!

 

[timter51]

Do you have other place and surnames in your portfolio? Having a pattern of similar registrations is helpful, but not essential.

Trading in domains for profit is legitimate (acknowledge under the DRS policy). They approached you not the other way around, so you're on safe ground.

Non-use of a domain name cannot be seen as an abusive registration. If you have no website or lander and no email function, you are in a solid position too.

Yes plenty of surnames, and a handful of place domains from the same country as this domain.

Good to hear your favourable thoughts on my position Foz, thanks. Let's see what they come back with.

 

[foz]

Yes plenty of surnames, and a handful of place domains from the same country as this domain.

Good to hear your favourable thoughts on my position Foz, thanks. Let's see what they come back with.

Don't sell to cheaply

Asking for offers, you get the inevitable low balling.

 

[accelerator]

If you haven't put anything on the site yet, you should be fine.

I don't think there's a need to put a site up about the place.

As others have said, just reply saying you intend to develop a site about the place, but say you'll consider an offer if they'd like to make one.

Then make sure you get the negotiation right lol!!!