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Old 11-18-2009, 08:06 AM   #1
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Default Somebody wants to buy my domain! Warriors help needed.

A bit of advice please.

I have been contacted via email, from a website called contactprivacy(.)com, with regards to somebody enquiring if I want to sell a domain that I currently own. My plans were to devlop the domain and go live with it early next year. I have the .com version.

I checked out namecheap today, and it seems somebody has purchased the .net, .org and .biz versions of the domain - this was AFTER I had purchased my .com version of the domain.

I have checked out (as far as is possible at the moment) the guy who wants to buy my domain, from his email address - he is involved in a couple of live websites to do with real-estate.

1. Is contactprivacy(.)com a kosher service?

2. I have replied to him, indicating that I would be willing to sell if he made a suitable offer.

If he makes me an offer, what is the most secure way to ensure that I don't fall fowl of any possible scams?

3. If I were to decline his offer - would there be a problem when I go live with the domain? It is in the 'make money online' niche, and I would imagine he would be using his versions for the same niche.

4. Would I be able to stop him using the same domain name in that niche, by virtue of the fact that I purchsed the .com version of the name first?

Any help or guidance would be appreciated.

Adrian
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Old 11-18-2009, 08:12 AM   #2
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Default Re: Somebody wants to buy my domain! Warriors help needed.

1. His going through contactprivacy.com (the middle man) as you're probably using a who is protector/gaurd & he can't contact you directly

2. Use escrow.com

3. No problems I can see, unless you guys get into a branding battle...

4. If you registered a business name under the same domain name, you'd have some grounds I believe
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Old 11-18-2009, 08:37 AM   #3
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Default Re: Somebody wants to buy my domain! Warriors help needed.

Hi Adrian,

First, please be sure to read this thread:
WARNING: Domain Scam back in circulation

If he makes me an offer, what is the most secure way to ensure that I don't fall fowl of any possible scams?

I use Escrow.com a lot, but there is still potential for a scammer to "get you" because they can deny that you transferred the domain to them, and escrow would not forward you the payment until proven. A more secure way would be to use Sedo.com, because they have you transfer the domain to SEDO rather than to the buyer. This ensures both parties get what's rightfully theirs.

If I were to decline his offer - would there be a problem when I go live with the domain? It is in the 'make money online' niche, and I would imagine he would be using his versions for the same niche.

Not unless they have a Trademark on the name.

Would I be able to stop him using the same domain name in that niche, by virtue of the fact that I purchsed the .com version of the name first?

Only if you can prove you're the rightful owner of the Trademark. But that's a slippery slope if you haven't recorded and maintained proper evidence/paperwork. And it involves a costly legal process.

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Old 11-18-2009, 09:24 AM   #4
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Default Re: Somebody wants to buy my domain! Warriors help needed.

Quote:
Originally Posted by MattHaslem View Post
1. His going through contactprivacy.com (the middle man) as you're probably using a who is protector/gaurd & he can't contact you directly
I have just tried out this site with a couple of domains that I know have WhoisGuard on them and the page returns a message to check the WHOIS records. Seeing as they are protected, this seems pointless.

I know that the email was from this site (the buyers email was attached), is there something fishy about this site? Has anybody else used it succesfully? Is there a fee to pay?


Quote:
Originally Posted by Gene Pimentel View Post
First, please be sure to read this thread:
WARNING: Domain Scam back in circulation
Thanks for the heads up on this Gene. Interesting read - my scam radar is on red alert!


Quote:
Originally Posted by Gene Pimentel View Post
I use Escrow.com a lot, but there is still potential for a scammer to "get you" because they can deny that you transferred the domain to them, and escrow would not forward you the payment until proven. A more secure way would be to use Sedo.com, because they have you transfer the domain to SEDO rather than to the buyer. This ensures both parties get what's rightfully theirs.
Looks like the way to go, if the guy is serious about buying. I will check Sedo out.

I am still waiting to see if the guy responds, I have no intention of registering the domain as a business or a trademark. If he does not buy the domain I will launch it, as planned, next year - then let battle commence!

Adrian
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Old 11-18-2009, 11:38 AM   #5
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Default Re: Somebody wants to buy my domain! Warriors help needed.

Adrian,
Quote:
4. Would I be able to stop him using the same domain name in that niche, by virtue of the fact that I purchsed the .com version of the name first?
On that basis alone? No way.

If you're serious about keeping the name, get something on the site, now. And get some links to it. Doesn't need to be a lot, but they need to be easily verifiable by date. That establishes use in commerce, which can help protect you in case he trademarks the name later.

Reminder: I am still not a lawyer.


Paul


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Old 11-18-2009, 02:53 PM   #6
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Default Re: Somebody wants to buy my domain! Warriors help needed.

Quote:
Originally Posted by Paul Myers View Post
Adrian,On that basis alone? No way.

If you're serious about keeping the name, get something on the site, now. And get some links to it. Doesn't need to be a lot, but they need to be easily verifiable by date. That establishes use in commerce, which can help protect you in case he trademarks the name later.
Thanks Paul. I hadn't thought of that. I will cobble something together tomorrow and get some backlinks PDQ.

Adrian
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