It's an advantage that you already know a company is behind it and they are using the domain to promote their product so you're already one step ahead with this one.
So what do you know about this company?.
What kind of product are they going to market/promote with your domain? Is it high production and really prominent in public usage?.
Could you pm me some information regarding the domain in question and the interested company?.
Better to keep this private and non-public since perhaps the company is visiting the forum as well.
This would make things much more easier and I could give a better opinion on this matter.
Sounds promosing though..
Agreed - keep any sort of appraisal or negotiation discussions out of the public view. One thing to note is that as you have the non-hyphen version you are in a much stronger position than if the positions were reversed...
I would definatly counter offer....Use negoating to your favor...But keep it reasonable and try to seal the deal as quickly as possible...
While this is exciting news, it's also very hard for members to respond. If the name is something like dietsoda vs diet-soda, $500 is nothing. If it's garfoolgeldoc vs gar-foolgeldoc, $500 is a great offer...know what I mean?..
I would take it. But if it is too good to be true, then it probably is...
$500 isnt all that great so don't jump to it just yet. Like verbster said, it depends on the domain name - pm someone with good appraisal skills and discuss it if you're unsure, but by no means take thier first offer of $500.
Put it this way, if you were the buy and someone said make me an offer - your first offer would not be your higest would it, you would make an offer low as possible without offending the seller - which is what the company in question has done here. Also - ifyou already know what the company is and what they sell then yeah find out what kind of money they make, how big a company this is etc and how that reflects on the offer. Good luck..
Also, check to see whether the other extensions have been bought recently. If they've snapped up the .net, in particular, that means they're really serious about this as a corporate brand.
I would counter offer, but don't go too crazy unless you know you can sell it higher to someone else. For $500, I'd maybe counter $750 or $1000. Most people offer somewhat less than they are really willing to pay. The worst they can do is say no. At that point you can either hold your ground, drop your price, or suck it up and accept their first offer (for $500 eating crow isn't all that bad). Everyone has the option of changing their mind, right?..
I think you should milk it but take it easy. You don't want to annoy them and chase them away.
Good luck. sounds awesome so far...
First, you shoudl decide whether $500 is an acceptable amount. Only you can know that, since it is entirely subjective. If you want $500, it is very simple - you simply say yes. If you counter-offer, that is a rejection of their offer, and if they decide not to go higher, you no longer have a live offer on the table.
It could very well be that they believe they have rights to the domain name, and are merely making the offer for the purpose of avoiding the hassle of a UDRP. Consequently, any attempt on your part to negotiate a price which they believe to be unreasonable will be met with a UDRP complaint, or worse.
There is simply no way for you to know the mind of another. You can only know your own mind. End of story...
If there are no trademarks to be found in TESS only with dead status (Trademark Electronic Search System) and no records showing when searching through Benelux Office for Intellectual Property would there still be a valid UDRP case John?.
I happen to know the company and product name in question and the keyword used in the domain is not a live trademark as I see as of now, I could be wrong though...
IMO, it would be best to respond using a broker. The broker can give their opinon of what the "value" of the domain is and counter accordingly. Since they came to you asking to buy the domain you may be in a stronger legal position if they are looking for ammo for a UDRP case. (of course Mr. Berryhill would know better than me ).
From my experience if the first offer is $500 they are willing to pay $1500. Use a broker and counter with $950 and move on. (Think about the price you expected to sell the domain for).
Since I know which company is involved and the type of industry they are in they are likely willing to go much higher then that..
Also which broker would you suggest Duceman?.
Real experienced brokers that is...
Just because there is no registration of a TM does not mean that a TM does not exsist. If the company can prove they are protect by common law TM, then they have a TM. Did you type the name into google or yahoo? That is the best way to tell if there is a possible TM on the name. BTW- Benelux is not a good source of TM information.
As far as selling domains, you should have a list of every domain you own and what general price you are looking to sell it for, (business 101, research your product and your market). You don't publish this list, it is a guide for yourself. If you get an offer that meets your expected price, accept it. From personal experience, I counteroffered too many times and ended up making no deals. My last sale was for $2000.00, it was the initial offer from the client and it was above my expectations for the domain. So I accepted, could I have gotten more? maybe, but why chance it for a couple extra bucks.
It is all about what you are comfortable with...
I agree Phil but did you know the client in question and their business they where in?.
I think one should definately take this into account just like logo designers who charge substantially more for a big corpoate business in contrast to a smaller business or individual since the marketing behind the logo is so big.
In the end the logo is what people remember and fist line of sight from a consumer point of view.
Definately put some expected sales prices on the domains in your portfolio but sometimes an oportunity comes along and one has to adjust accordingly.
Since the company is based in Europe I checked the related database as well. Maybe there are more references I should look into. But I am not aware of these unfortunately...
Maybe, maybe not. These things are fact intensive.
The best trademark database is Google. If you search on "foo" and you get page after page of search results for "Foo Inc." of Anytown, USA, then it's a fair bet that Foo Inc. may be pretty well known to be distinctively associated with the term "foo". Then we might consider whether "foo" is fanciful, arbitrary, suggestive, descriptive, or so on. Then we might look at chronologies and relative dates of activities... It's a mix of stuff.
But go ahead and make them an offer they consider unreasonable - you'll find out pretty fast whether they believe they have a TM claim...
Hmmm... I am not sure if this potential buyer or someone I had PMed is trying to hijack my domain name. But I just got an email from names4ever.com asking me to confirm the transfer of my domain. Ha... nice try...
Thank you John for your reply..
I can imagine in that aspect it is hard to get a clear answer.
That is disturbing to hear Kevin it's good you have your domain locked!.
A reminder for everyone here.
Lock your domains!..
Just say you were looking more in the range of $1500 and see what they say. Good luck with this sale...
While I agree that you must do a reasonable amount of research to verify it isn't TM, the question comes down to what is considered reasonable? Just because a company has a legitimate claim to a domain doesn't mean that they will win a UDRP, because they have to prove 3 factors... And unless their is apparent bad faith involved, they don't really stand a chance.
And in this case, it would probably cost more for them to file a UDRP than they could ultimately negotiate a price for.
You should not let fear stand in the way of your negotiations. I'm afraid of dying in a fiery auto wreck, but that doesn't prevent me from driving every day. Business is about risk and reward...
I agree completely with Jberryhill. When entering any negotiation you have to take certain factors into mind.
1. Whats the minimum price you would feel comfortable selling the domain for?.
2. Do I have the upperhand? (clearly in this case you do.).
3. Is the risk of not landing a sale worth the possible reward of asking for a higher price?.
There may be other factors, but I'm summizing here...
Basically my advise is this if the situation allows for it (meaning if given the previous communications and the method they contacted you allow for this reply to sound feasible, then use it.).
Make it sound like you aren't particularly moved to sell the domain, that you had ideas for development. That you would be inclined to ultimately sell it, but that you are looking for "four figures." Remember, they are the ones that need the domain, you arent the one who needs to sell it... Some people may prefer a more direct approach to negotiations, as in stating a specific dollar amount in a counter-offer, but this ultimately lets them know that at a minimum, you are looking for $1000, and may result in an offer for much more.
Also, one of the factors of negotiation is whether you are comfortable in your own negotiation skills. If not, then it may be a wise move to get a broker as was stated above.
I replied to his offer about a week ago with my plans for the domain and the costs/revenue involved with those plans. Instead of replying with a counter offer, he tried to steal the domain by requesting it be transfered to his aplus.net account. I am wondering if I should reply to him and tell him he cannot do something like that while I have the domain locked and ask if he is still interested... or just let it go and hope he contacts me later with a better offer...
I'm thinking if he tried to have the domain transferred like that, I certainly wouldn't trust him no matter what he said.. chalk it up to a learning experience and let it pass IMO. He might have stiffed you on payment...
Im shocked Do you know for sure they where the ones trying to transfer the domain into their account?.
If that is the case I would say to them that you are no longer interested anymore..
I dont think they are serious buyers in the first place.
You still have a nice domain and can develop it on your own...
No I don't know for sure...I only told you and two others the domain name. Seeing as they were using aplus.net for their domain services, I doubt it would be someone from NP. Though, it could have been pure coincidence...
That is odd Just wait if you get a reply back from them in your response to their inquiry..
If they dont respond at all anymore it's most likely the company in question was behind it.
Dont contact them let them contact you...