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GoDaddy reviews : Advise I order GoDaddy?? Ceased Letter Received - Now Want To Buy

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I received a Cease and desist email from a company.

The domain I have isn't trademarked at all to the company, but it is similar to their company. The way I was using the domain could confuse a visitors. The domain has the world "News" in it.

So a local TV broadcast company hit me with the letter.

In an ICANN dispute I don't think they would win the domain, but I took down the website because it didn't have that much adsense revenue anyway.

The company wanted me to send them a price for the domain. They are a TV station so they have money.

Valuate has the domain at $390.

I am trying to determine a decent price of the domain. It has been registered since 2006 and I purchased it from another seller who got it off a drop.

It is archived.

Where should I start with the price considering it's a company with money?..

Comments (12)

Without the domain or the company it is hard to tell.....

Comment #1

It will not hurt you to provide the domain in order for us to attempt to valuate it. If you do not wish to post it, send in a PM..

It is possible that they have no actual claim and you can sell it. I had a domain name that I picked up a few years ago and was contacted by a company in Spain via their attorney. He made threats and said he would sue me and force to turn over. He refused to provide me the proof I required that they had a claim and they ended up wiring me 2,400. USD for the domain name..

My initial thought was that I was in a bad position but, in the end it was simpler for them to pay me. This could have been because it was a Spanish company fighting with a US company, not sure. All I know is it was well worth thinking prior to acting.

Enterpryzman..

Comment #2

Post the name..

Be very careful how you handle this. Without the name, there is little advice anyone can give...

Comment #3

Also note that if you offer to sell it and the name is confusingly similar to theirs it could be seen as bad faith...

Comment #4

If the company really has money, then you should be grateful that they are offering to buy it, rather than just unleashing their lawyers on you. Just keep that in mind.....

Comment #5

You do not have enough info to say that....anyone can send a cease letter and if someone simply caves at the first threat, founded or unfounded, they effectively steal what you have and they want.

I am saying that unless you know that you have or are violating a mark, you should get the facts first. I am not saying you should break any laws or risk a court case, that is why none of us can say much without more info.

Enterpryzman..

Comment #6

I'm just saying that blueboxer should tread carefully. If the company makes the determination that it would be cheaper to go a legal route than to buy the domain, that may be what they dowhether or not they actually have a right to the domain...

Comment #7

They can really have the domain for a price.

It is not that great of a domain that I would want to hold on to it.

The domain is "NewsXX.com" where XX is the number of the station they broadcast on.

I honestly believe they wouldn't get the name in a dispute.

I have no emotional attachment to the domain, so I am willing to let it go for a price. I am just trying to determine a good name. I think I want to go $800...

Comment #8

I would have to say now that every news station in every city would have as much chance in a dispute UNLESS you are actively using the domain name directly in their market area which would in my eyes represent a violation on your part.

If you had the energy to do so, you could build a simple sales page and offer it to several newsXX stations in various parts of the country. My thought is also that not only "may" you create a good sales environment, the fact that several express an interest further dilutes any one of their claims for the domain.

Who knows, perhaps someone here would want to buy it from you and do as explained in my post.

Just my opinion, good luck..

Enterpryzman..

Comment #9

This could still be tricky, if the company has the number represented by your xx in it's brand. The reason being that you said in your original post " the way I was using the domain could confuse visitors "..

The company does not have to have a registered Tm, it can claim first use in commerce as it's Tm claim. Your domain does not have to be identical to their name for them to claim. If your adsense showed their ads, it would not help your case. If you are not an established news provider but just put up a MFA site, this will not help your case..

Asking for more than your 'out of pocket' expenses. would not help your case..

Consider also that what you have taken to be a weakness on their part, ( Asking your price for the domain ) may be just the opposite. ( An opportunity for you to show further bad faith by asking too much, when they believe they have a strong case. ).

There are mainly 3 things they would have to prove to the panel.

1) Is the domain confusingly similar ?

2) Do you have a legitimate interest in the name ?

3) Was the domain registered in bad faith ?

If you are not confident that you are ok on these points, it would be foolish to submit a high price for them to buy your domain.

This of course is still part speculation, as we do not know the exact domain name and the exact company name.

Hope this helps.

( This is not legally qualified advice )..

Comment #10

That's one strike against you - "confusingly similar". As Exsedo pointed out, if you name a price on top of that they could use that to further demonstrate bad faith and strengthen their case. Then why are you making this more difficult than it has to be? Accept reimbursement (if THEY offer it), transfer the name and walk away.

(disclaimer: I'm not a lawyer either, this is not legal advice)..

Comment #11

I am going to go with $800. If they counter then I will bite at their counter offer...

Comment #12


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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