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A di(k move or just business?

by thedog
27 replies
Ok, so I found a new company online, that just had a weebly site. I was quite surprised that the .com was available, and am pretty sure it's not trademarked.

I picked up the domain name and put up a for sale page.

Now part of me feels it's a bit of a di(k move, but I also know it's just business.

I got an offer of $50.

So, what would you do, accept the offer or wait for a better one?
#business #dik #move
  • Profile picture of the author JaredRhodenizer
    Sounds like business to me.
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  • Profile picture of the author wolfmmiii
    Originally Posted by thedog View Post

    and am pretty sure it's not trademarked.
    What leads you to believe this?

    Also, you might want to investigate "commonlaw trademark infringement".
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    • Profile picture of the author thedog
      Originally Posted by wolfmmiii View Post

      What leads you to believe this?

      Also, you might want to investigate "commonlaw trademark infringement".
      Well, my spidey senses tell me that if they didn't have the foresight to aquire the .com, then they more than likely don't have it trademarked plus they wouldn't be sending me an offer, would they?
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      • Profile picture of the author wolfmmiii
        Originally Posted by thedog View Post

        Well, my spidey senses tell me that if they didn't have the foresight to aquire the .com, then they more than likely don't have it trademarked plus they wouldn't be sending me an offer, would they?
        If they didn't know any better, they might. Just saying do your homework. If "commonlaw trademark" applies, you may be in violation of cybersquatting laws.
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        • Profile picture of the author thedog
          Originally Posted by wolfmmiii View Post

          If they didn't know any better, they might. Just saying do your homework. If "commonlaw trademark" applies, you may be in violation of cybersquatting laws.
          If it comes to that, I'll just let it go, it only cost me $8. I'm sure their costs to hire a solicitor would be a lot more than just buying the domain off me, plus, I'm not a US citizen and live in Thailand, making any legal action more difficult.

          If it was a big company, and they were trademarked, then I'd walk... I had the opportunity to buy similar domains, but I knew they were trademarked, so I left them.

          I don't plan on developing a site, so, if I have to let it go, it's no big deal.
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  • Profile picture of the author Disruption
    Sounds like business to me!
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  • Profile picture of the author Coby
    I would counter with a $500 offer...

    Then negotiate it down to $100-$250...

    If you work it right, you might even be able to get on as a consultant for this company and have them pay you monthly. You could even throw in the domain "as a bonus" for signing you up as a consultant.

    Good luck.

    Cheers,
    Coby

    P.S. If it is trademarked they will rarely make an offer - instead you would most likely get a cease and desist letter instead.
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  • Profile picture of the author Adie
    Sell the domain and keep the money. No one has the right to take that domain away from you since it is a com and whoever claim that the domain is trademarked is man opportunist.... unless we are talking about other extensions.
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    • Profile picture of the author wolfmmiii
      Originally Posted by Adie View Post

      No one has the right to take that domain away from you since it is a com and whoever claim that the domain is trademarked is man opportunist.
      Your statement, as posted, is totally incorrect. And, as I mentioned previously, even if it is not trademarked, it still may fall under "commonlaw trademark", depending on the jurisdiction.
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      • Profile picture of the author Adie
        Originally Posted by wolfmmiii View Post

        Your statement, as posted, is totally incorrect. And, as I mentioned previously, even if it is not trademarked, it still may fall under "commonlaw trademark", depending on the jurisdiction.
        Let's consider this example.

        Your business name is abcdefg enterprises.

        I want to have my own business and coincidentally I want the same name. Since the domain abcdefg.com is available, I registered the domain. Now, after you discovered that I registered the domain, do you have any right to take away that domain from me and claim it should be yours because your business has the same name?

        I don't think so.... Please explain. You live in another state and I am from another and I don't even know about your business... So how come that you have the right?
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        • Profile picture of the author wolfmmiii
          Originally Posted by Adie View Post

          Let's consider this example.

          Your business name is abcdefg enterprises.

          I want to have my own business and coincidentally I want the same name. Since the domain abcdefg.com is available, I registered the domain. Now, after you discovered that I registered the domain, do you have any right to take away that domain from me and claim it should be yours because your business has the same name?

          I don't think so.... Please explain. You live in another state and I am from another and I don't even know about your business... So how come that you have the right?
          Your example is a poor one. Nobody registers that as a business name or as a domain. Let's use a REAL WORLD example:

          Say I run Exeter Enterprises and have the name trademarked. You come across my weebly site and register ExeterEnterprises.com and promptly put it up for sale. You are now violating my trademark and I could very well have a case.

          It is YOUR responsibility to ensure the name is not trademarked before buying it. In the case mentioned in OP, it is clearly a bad-faith attempt to capitalize on a potentially trademarked name.

          If you don't agree, go look it up:

          http://cyber.law.harvard.edu/propert...gislation.html
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        • Profile picture of the author SergR5
          Originally Posted by Adie View Post

          Let's consider this example.

          Your business name is abcdefg enterprises.

          I want to have my own business and coincidentally I want the same name. Since the domain abcdefg.com is available, I registered the domain. Now, after you discovered that I registered the domain, do you have any right to take away that domain from me and claim it should be yours because your business has the same name?

          I don't think so.... Please explain. You live in another state and I am from another and I don't even know about your business... So how come that you have the right?
          I am simply going to direct you to nissan.com

          You think it's the automotive manufacturers website?? LOL.. go read the story on that site. Then ask yourself "Is this what i want to put myself through?"

          Me thinks not...
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          • Profile picture of the author Teravel
            Originally Posted by SergR5 View Post

            I am simply going to direct you to nissan.com

            You think it's the automotive manufacturers website?? LOL.. go read the story on that site. Then ask yourself "Is this what i want to put myself through?"

            Me thinks not...
            After reading through a well documented page about the court rulings, I would have to say that this is a completely separate issue.

            At the time of Nissan.com's purchase, the business now known as Nissan was known under another name.

            Above, the OP found a business already existing that had not purchased it's domain, and he jumped at the situation in order to make a quick turn around.

            These are EXTREMELY different scenarios and should not in any way be compared with each other.

            I am not a lawyer. This is not legal advice.
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        • Profile picture of the author sbucciarel
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          Originally Posted by Adie View Post

          Let's consider this example.

          Your business name is abcdefg enterprises.

          I want to have my own business and coincidentally I want the same name. Since the domain abcdefg.com is available, I registered the domain. Now, after you discovered that I registered the domain, do you have any right to take away that domain from me and claim it should be yours because your business has the same name?

          I don't think so.... Please explain. You live in another state and I am from another and I don't even know about your business... So how come that you have the right?
          What are "common law" rights?

          Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.
          It's called "first use in commerce" trademark. A person who is actually using a name has trademark rights over someone who is not actually using the name for a business and they can win in a trademark dispute.
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    • Profile picture of the author Cool Hand Luke
      Originally Posted by Adie View Post

      Sell the domain and keep the money. No one has the right to take that domain away from you since it is a com and whoever claim that the domain is trademarked is man opportunist.... unless we are talking about other extensions.
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  • Profile picture of the author koreancowboy
    I don't know, I wouldn't make it a habit of doing this. Karma's a bitch...
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  • Profile picture of the author Adie
    Okay you won.. peace
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  • Profile picture of the author JRJWrites
    Business.

    How much time did you spend creating the sales page? If it was one hour or less, than $50 is an *ok* offer.
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  • Profile picture of the author writeaway
    Do they own the TRADEMARK to their name? If so, they might be able to get ICANN to remove the name from you. If not, then $50 for a few minutes' worth of work is not a bad way to make money.
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  • Profile picture of the author misshang
    Ok. Youtube spent 150K to buy youtube.cn
    So maybe diferent countries have different opinions on "trademark", and about "rights", well, rights are negotiated, isn't it?
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    • Profile picture of the author writeaway
      Originally Posted by misshang View Post

      Ok. Youtube spent 150K to buy youtube.cn
      So maybe diferent countries have different opinions on "trademark", and about "rights", well, rights are negotiated, isn't it?
      Sure, but you wouldn't want to find out the hard way. There are probably considerations present with the .cn case than in your typical run-of-the-mill cybersquatting case.
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  • Profile picture of the author laurencewins
    I listen to my gut. If it feels wrong, I don't do it because it's not worth the hassle or the stress of thinking it over.
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  • Profile picture of the author Lightlysalted
    I'd avoid it, it's not worth the hassle. I've known a handful of people fall foul of this.
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    • Profile picture of the author theemperor
      Wait for a better offer. You could get more than $50. Tell them you want $200. See what they say.
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      • Profile picture of the author wolfmmiii
        Originally Posted by theemperor View Post

        Wait for a better offer. You could get more than $50. Tell them you want $200. See what they say.
        Terrible advice. They may just respond with "this is my attorney, he'd like to speak with you".
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        • Profile picture of the author theemperor
          Originally Posted by wolfmmiii View Post

          Terrible advice. They may just respond with "this is my attorney, he'd like to speak with you".
          I got a bite
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  • Profile picture of the author jasondinner
    Probably not the best use of your time no matter what the outcome is.

    Do this to the wrong company and they're legal team will make your life miserable for a time.

    I'll remember this thread when you form your company...
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