Comments on: Contacting a Big Company That Owns a .Net Domain Name http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/ Domain Name Industry News and Views Sun, 27 May 2012 11:38:57 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Bob Fontaine http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-524168 Bob Fontaine Tue, 08 Dec 2009 23:43:38 +0000 http://domainnamewire.com/?p=9436#comment-524168 Ahhhh, the very nature of "names". If they could easily go with another, the name likely isn't that exceptional to begin with, at least not for them. I think those of us who dabble in names forget that many, many others, even established corporations, dont fully "get it". If I had a media plan in mind, i'd grab the .com or find another if my first choice wasn't available, I wouldn't grab the .net. At minimum, i'd try to acquire .com before registering .net. But I still see expensive signs on trucks or on tv, often without even mentioning a domain name. Some may see the name registered and not realize there's is a secondary market, as we do. If it is tryly generic and non infringing, I think the move is to place SOME content on it, and then propose the "will you sell me the .net, or if not, are you interested in the .com".. Since they registered the .net, this will have them believe that you must be having success with the .com, enhancing your bargaining position, at a minimum. Ahhhh, the very nature of “names”.
If they could easily go with another, the name likely isn’t that exceptional to begin with, at least not for them. I think those of us who dabble in names forget that many, many others, even established corporations, dont fully “get it”. If I had a media plan in mind, i’d grab the .com or find another if my first choice wasn’t available, I wouldn’t grab the .net. At minimum, i’d try to acquire .com before registering .net. But I still see expensive signs on trucks or on tv, often without even mentioning a domain name. Some may see the name registered and not realize there’s is a secondary market, as we do. If it is tryly generic and non infringing, I think the move is to place SOME content on it, and then propose the “will you sell me the .net, or if not, are you interested in the .com”.. Since they registered the .net, this will have them believe that you must be having success with the .com, enhancing your bargaining position, at a minimum.

]]> By: Dutch Boyd http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-524126 Dutch Boyd Tue, 08 Dec 2009 22:18:54 +0000 http://domainnamewire.com/?p=9436#comment-524126 They could easily go with another name and brand just assuming that the .com is unavailable. Be the aggressor. What Chris said above is solid : "Get a response. You’ll then be able to judge a potential outcome. Otherwise, you’ll be like so many other domainers…whistfully waiting for some Knight in Shining Armour to come to their domain’s rescue." They could easily go with another name and brand just assuming that the .com is unavailable. Be the aggressor. What Chris said above is solid :

“Get a response. You’ll then be able to judge a potential outcome. Otherwise, you’ll be like so many other domainers…whistfully waiting for some Knight in Shining Armour to come to their domain’s rescue.”

]]> By: chandan http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-524023 chandan Tue, 08 Dec 2009 18:51:11 +0000 http://domainnamewire.com/?p=9436#comment-524023 contact them and make offer to purchase .net ;) contact them and make offer to purchase .net ;)

]]> By: Bob Fontaine http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-522383 Bob Fontaine Sat, 05 Dec 2009 23:52:55 +0000 http://domainnamewire.com/?p=9436#comment-522383 I'm not a lawyer but I play one on tv... "extortion" seems a little strong if no other party, big or small, otherwise has a right to a given term.. most of these domain names are simple common words of course. All things being equal, I can see even a small company (seller) having the right to ask and then have the buyer confirm in writing they they are the actual purchaser, the "end user" for that domain name regarding that particular sale. I may be willing to sell (for example only - the domain Texasstore.com) to a local department store for $1,000, but may NOT want to sell it to a Microsoft, if I know they will be competeting with my business, for less than $10,000. The law looks at non-compete agreements as having a value - and that would be the same theory. Put another way, one could say the domain name is for sale for $1,000 subject to a non-compete agreement or $10,000 with no restrictions. There is no law you have to sell at a price certain, or cant change your mind, or even offer it at one price to one entity and another price at another time to another entity. Offer and acceptance doesn't preclude you from knowing who you are offering it to. I’m not a lawyer but I play one on tv… “extortion” seems a little strong if no other party, big or small, otherwise has a right to a given term.. most of these domain names are simple common words of course. All things being equal, I can see even a small company (seller) having the right to ask and then have the buyer confirm in writing they they are the actual purchaser, the “end user” for that domain name regarding that particular sale. I may be willing to sell (for example only – the domain Texasstore.com) to a local department store for $1,000, but may NOT want to sell it to a Microsoft, if I know they will be competeting with my business, for less than $10,000. The law looks at non-compete agreements as having a value – and that would be the same theory. Put another way, one could say the domain name is for sale for $1,000 subject to a non-compete agreement or $10,000 with no restrictions. There is no law you have to sell at a price certain, or cant change your mind, or even offer it at one price to one entity and another price at another time to another entity. Offer and acceptance doesn’t preclude you from knowing who you are offering it to.

]]> By: Robert Haastrup-Timmi http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-522330 Robert Haastrup-Timmi Sat, 05 Dec 2009 22:20:48 +0000 http://domainnamewire.com/?p=9436#comment-522330 FloName: "I would suggest that you decide for yourself what your willing to let it go for stay on course with that number. Especially if they’re that large of a company." This is precisly why domainers need to be very careful during the course of solicitation. Think about the above statement for a minute, it suggests an attempt to apply extortionate price because the company is a large company .... $700 million dollar company right? Now, if I was a clever lawyer representing my $700 million dollar client, perhaps I could show legal recourse in regard to the domain name for obvious reasons. My suggestion remains what I aforementioned in my previous post above. Tread carefully! FloName:

“I would suggest that you decide for yourself what your willing to let it go for stay on course with that number. Especially if they’re that large of a company.”

This is precisly why domainers need to be very careful during the course of solicitation. Think about the above statement for a minute, it suggests an attempt to apply extortionate price because the company is a large company …. $700 million dollar company right? Now, if I was a clever lawyer representing my $700 million dollar client, perhaps I could show legal recourse in regard to the domain name for obvious reasons.

My suggestion remains what I aforementioned in my previous post above. Tread carefully!

]]> By: FloName http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-522268 FloName Sat, 05 Dec 2009 19:43:35 +0000 http://domainnamewire.com/?p=9436#comment-522268 Interesting sentiments here. Definitely don't worry about UDRP. I like the idea of planting the seed the creative way, leaving it open ended to either buy theirs or sell yours. If you decide to wait until they contact you, keep in mind that it may not be them at all! We're all domain brokers here on some level, so as Russ said in an earlier post don't let it go on the cheap. You could be approached by someone posing as a reseller and lowballing you out of thousands! I would suggest that you decide for yourself what your willing to let it go for stay on course with that number. Especially if they're that large of a company. Interesting sentiments here. Definitely
don’t worry about UDRP. I like the idea of
planting the seed the creative way, leaving
it open ended to either buy theirs or sell yours.
If you decide to wait until they contact you, keep in mind that it may not be them at all! We’re all domain brokers here on some level, so as Russ said in an earlier post don’t let it go on the cheap. You could be approached by someone posing as a reseller and lowballing you out of thousands!
I would suggest that you decide for yourself what your willing to let it go for stay on course with that number. Especially if they’re that large of a company.

]]> By: Open Domain Market http://domainnamewire.com/2009/12/04/contacting-a-big-company-that-owns-a-net-domain-name/comment-page-1/#comment-522215 Open Domain Market Sat, 05 Dec 2009 18:16:39 +0000 http://domainnamewire.com/?p=9436#comment-522215 UDRP - Don't scare the domainers with that. This domain in question is registered in 2005. They came-up with the idea after. So, No UDRP case here. I would wait, Let them launch the marketing. It will give you more leverage UDRP – Don’t scare the domainers with that. This domain in question is registered in 2005. They came-up with the idea after. So, No UDRP case here.

I would wait, Let them launch the marketing. It will give you more leverage

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