Company continues push to make NBC honor sale of Women.com and .net.
DONE! Ventures has filed an opposition (pdf) to NBC Universal’s Motion to Dismiss its lawsuit over a failed transaction for Women.com and Women.net.
DONE! had agreed to purchase the two domain names through NBC’s broker Sedo for $1 million. However, NBC backed out of the deal after it was allegedly vetoed by NBC Universal President & CEO Jeff Zucker. DONE! sued to force NBC to complete the deal.
NBC then filed a Motion to Dismiss, arguing that a contract for the deal had not been formed. Its chief reason was that there was no “meeting of the minds” since DONE!’s communication with Sedo mostly referred to Women.com and not the .com and .net.
This is rather suspicious given that NBC pulled completely out of the deal rather than going ahead and suggesting they complete the deal at $1M for just women.com.
In its response to NBC’s Motion to Dismiss, DONE! says that both domains were marketed as a pair throughout the process. Sedo’s sales page for Women.com even mentioned that a sale included the .net version. DONE! drew an analogy to buying a house:
By analogy, a real estate broker may market a picture of a home on the Internet as being for sale but the detail page includes a reference to the home, a garage, and a yard. The real estate buyer is purchasing the entire package, not just the home in the picture. Here, defendants’ detail page made clear that something more then Women.com was included: two domain names were part of the offer.
Along with opposing the motion to dismiss, DONE! filed declarations (pdf) from its founder Ben Padnos (an early Yahoo! employee) and domain broker Alan Hack, who assisted Padnos with the transaction.