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Unsolicited Offer For My Personal Domain Name?

Batzerto writes "Last Friday I received an unsolicited email offer for my domain — click the link below for the message. Their company name matches my domain, but with a country-specific top level domain (.NL in this case). They do seem to be legitimately using the domain in their country. As for my usage, the domain is my last name(.COM) and I'm only really using it for email. I'm not really that attached to it other than the hassle of changing email addresses. There are other flavors of the domain available (.US for example) that would suit my purposes just fine. So, Slashdot veterans, I ask you, what should I do? I'm leery of making an offer and falling into someone's legal trap. I wouldn't mind getting a chunk of cash out of the deal though."


From: ---
Sent: Friday, August 29, 2008 4:56 AM
To: ---
Subject: sell your domain ?

Dear Sir,

For my company I need the domain --- .
Is it possible to sell your domain to me?

Best Regards
N. de Robles

24 of 542 comments (clear)

  1. Turn the Screws on Their Thumbs by eldavojohn · · Score: 5, Funny

    This is capitalism.

    Google bomb your url with their company name by creating a Slashdot user account with their name and submit thousands of stories each week with your url in the homepage. You can also drop the company's name with an href to your url in CNN comments and on comments for popular blogs to get your pagerank up.

    Then inform them that your Search Engine Optimization Chief just caused your URL to be at the top of Google's result list.

    If they fail to triple their offer, begin redirecting to goatse. You should see them quadruple their offer then. It's called hardball.

    --
    My work here is dung.
    1. Re:Turn the Screws on Their Thumbs by Shakrai · · Score: 5, Informative

      You should see them quadruple their offer then. It's called hardball.

      Or they bring out the lawyers and everybody loses. It wouldn't be the first time, either.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    2. Re:Turn the Screws on Their Thumbs by ArTourter · · Score: 5, Informative

      There is an exception to this which is valid in this case. The trademark in question (if it is a trademark, as the submission is not explicit here), is the last name of the person owning the domain. In this case, the last name should take precedence over the trademark unless it was registered "in bad faith".

      It appears that the Respondent registered the Domain Name in order to be identified by his surname, in line therefore with the provision of paragraph 4(c)(ii) of the Policy.[...]The use of one's own surname in a domain name corresponds to a legitimate customary practice and is, as a rule, sufficient evidence of a legitimate right or interest in the domain name. The scope of the Policy is limited to cybersquatting. Trademark owners shall not be allowed to use the Policy to dispossess summarily a third party of a domain name reflecting his or her surname (G.A. Modefine S.A. v. A. R. Mani, WIPO Case No.D2001-0537).

    3. Re:Turn the Screws on Their Thumbs by lgw · · Score: 5, Insightful

      When Shakespeare wrote "first kill all the lawyers"* his ire was somewhat misdirected.

      You know it was Jack Cade, the villian of the piece, that said this right? In a bit of exposition establishing him as a braggart and buffoon? Is attributing to authors quotes from their villians out of context really a good practice?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    4. Re:Turn the Screws on Their Thumbs by elgatozorbas · · Score: 5, Insightful

      Well, you can just write them a polite email informing that you use the domain and it is not up for sale. However if they really need the domain, and are willing to recompensate you for the hassle of moving to another domain, you would be willing to help them out.

      "It's not for sale, except if you offer me big $$$". What does that make you? Not respectable, I would say. Nothing against selling the name in itself, but don't play childish games (the only reason for which is fear of legal trouble, apparently).

      Only in the US could such a simple situation (one party wants to buy, the other wants to sell) be complicated by the fear of losing a lawsuit.
      (I know, say something bad about the US of A and be modded down, so be it.)

    5. Re:Turn the Screws on Their Thumbs by Thinboy00 · · Score: 5, Informative

      You should see them quadruple their offer then. It's called hardball.

      Or they bring out the lawyers and everybody loses. It wouldn't be the first time, either.

      I think this link is more informative about the nissan.com issue.

      --
      $ make available
  2. On the condition... by DavidpFitz · · Score: 5, Interesting

    Sell it, on the condition that you can keep your email address on the domain.

    Win-win!

    1. Re:On the condition... by HFShadow · · Score: 5, Insightful

      You would trust your personal email to a random company who bought your domain off you?

      The world you live in must be nice.

  3. Finally a use for the 'itsatrap' tag by Idaho · · Score: 5, Interesting

    As you probably noticed yourself, it's likely a legal trap; if you show that you're interested in taking money for the domain name, they will then use that as an argument during legal proceedings that you're a domain name squatter.

    So simply don't respond.

    --
    Every expression is true, for a given value of 'true'
    1. Re:Finally a use for the 'itsatrap' tag by Awptimus+Prime · · Score: 5, Insightful

      This is /., people would rather get wrapped up in a 1/1,000,000 chance of something being a big trap than suggest this guy try and profit.

      I've sold three domains I was legitimately using and made a pretty nice wad of cash. They all initiated with similar emails. The highest one being $19k USD.

      Let fear reign and opportunity escape.

    2. Re:Finally a use for the 'itsatrap' tag by cecom · · Score: 5, Insightful

      I saw this in several comments already. Think, people, think ! :-) How the f*ck can be considered a domain name squatter if the domain carries his own name ??

  4. dear slashdot by Anonymous Coward · · Score: 5, Funny

    A lonely girl has sent me an email seeking a relationship. I am a man and this sounds good. Should I seek to get into a relationship with this unknown but self admitted pretty girl?

    1. Re:dear slashdot by Anonymous Coward · · Score: 5, Funny

      See if you can trust her first. Send her all your bank account info, and see what happens.

    2. Re:dear slashdot by plover · · Score: 5, Funny

      Wouldn't matter. If he gets married, it's the same thing only slower.

      --
      John
  5. Why? by jesterzog · · Score: 5, Insightful

    If they fail to triple their offer, begin redirecting to goatse. You should see them quadruple their offer then. It's called hardball.

    If you wanted to be really evil and as much of a bastard as a typical domain squatter for some reason, then sure. But why? By doing what you've suggested, you also end up polluting Slashdot, CNN and Google with crap, which is no better than your average link spammer.

    There are many domains which people own that they're not particularly attached to and would be happy to sell. For someone looking in from outside, it's reasonable to think that this might be one of them, particularly if it's not immediately clear that the person's using it. (Lack of a website would imply this to some people.)

    All they've done so far is politely ask if they can buy it. The request was short on words but that looks more like translation issues rather than an angry demand to hand over from a corporation full of lawyers. It could just as easily be someone's small family business which thought it'd be useful to have .com on the end of their name. How else are they supposed to find out if the owner's interested in selling if not by asking?

  6. Sales 101 by Kagato · · Score: 5, Insightful

    Tell them you'll entertain offers. If they throw out a number, it can only go up. If you throw out a number, it can only go down.

  7. No, not likely by Sycraft-fu · · Score: 5, Insightful

    Legal proceedings are expensive, lengthy, and not guaranteed. Thus a company would rather pay a reasonable sum to just get what they want, rather than have a fight. If you make them a reasonable offer, maybe a grand or two for your trouble, they'll likely accept.

    The company my father used to work for went through this. They wanted a domain that a guy had. So they contacted him and offered him $10,000. They figured, as it was just a personal site, that he'd jump at it. It was an easy way to get what they wanted, and not a lot of money in the scheme of a company's operations. However, the guy decided that he wanted millions. Well, then they took him to court and won. However it probably cost them over $10,000 in legal fees.

    So, if you respond with something like "Yes I'd be willing to sell my domain. However, there is going to be some inconvenience in dealing with a transition. So if you'd agree to $2000 to cover my expenses, I'd be happy to sell." I'd bet they go for it. That's not expensive to a company, and it makes everything real easy.

    1. Re:No, not likely by fermion · · Score: 5, Insightful
      So, it is as the consensus of the comments suggest. If you sell it for inconvenience money, then they will probably pay the money and go away. If you choose not to sell it for a price they wish to pay, then they may take you to court. If you were foolish enough to fall into their trap and offer to sell, then they will use this to take away your property even if you don't wish to sell it.

      What people don't seem to understand is that really, in the scheme of things, if I own something it is mine. The legal system should protect that. If I don't want to sell it, then I don't, in most cases, have to. One way of saying I don't want to sell it is to offer it for an insane amount of money.

      Taking used to be used primarily for government sponsored project. Now it is used because some random company thinks that just because they can make money with a property, they should own it. This is why this question came up, and why the guy should try to protect himself. It is your domain name, fair in square. Even if you are squatting, there is a element of possession being nine tenth of the law. As the parent indicate, there are people who will do anything to take things that they want, unless the owner is willing to accept a token amount to 'voluntarily surrender the property'. This is not good. Sure, maybe trademarks need to be protected, but if my name is Coke, is there some fundamental reason why the beverage company has a higher claim on it than I do? If I had the foresight to register the domain, should I not be allowed to profit off that foresight? Is there something in the free market that one is allowed to make money unless it pisses off the multinationals?

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  8. I had a good sale by Anonymous Coward · · Score: 5, Informative

    I recently sold my domain to a french company that reached me in a similar way. I told them i had no interest in selling the domain as I use it for personal and business reasons. I told them if they wanted to buy my company, then to make a reasonable offer (but again I had no interest in selling the domain at this time).

    They provided a very attractive offer and I did end up selling the domain. They simply redirect the .com to their french site. I got 6 months of email forwarding.

    My experience was good, but that does not seem to be what people here are saying...

  9. No need to be....... by Anachragnome · · Score: 5, Insightful

    ......a dick.

    Seriously. We all complain about the bullshit that surrounds us on a daily basis here at /. yet we see posts like the 1st one up. I am hoping he was being funny/sarcastic (as he was properly modded).

    Try being the good guy, write them an HONEST email explaining your concerns, and ask them for a reasonable offer. You will always retain the right to reject (unless you foolishly give it away). So, what have you got to lose by being honest about things up front? IF, and I emphasize, IF, it ends up in a courtroom, you will have already scored some points in that you will be able to prove a good-faith effort to remedy the situation.

    While I can agree with the "talk to a lawyer" suggestions, to some extent, I do feel that lawyers are sometimes wholly unnecessary and are merely a moneypit. Send the email, get a response, and then decide whether or not a lawyer is called for. And don't forget your gut. It talks to you. Listen.

  10. Maybe the sender is lonely and wants a response? by MarkvW · · Score: 5, Insightful

    The letter is very unbusinesslike. Its grammar is poor. It doesn't have the 'look and feel' of something legitimate. Most interestingly, the email conveys absolutely nothing to identify the potential purchaser.

    If somebody doesn't have the time or ability to compose a good email, I would suspect that they wouldn't have the money to fund a substantial domain name purchase either.

    If somebody isn't going to tell you (verifiably) who they are, why would you want to do business with them?

    This smells bad.

  11. I've done it; exact opposite, though by rfc1394 · · Score: 5, Informative

    Several years ago I registered a domain name for something I was trying which I was thinking about. Some guy, whose last name was the same as the domain I registered asked me if I'd be interested in selling it. Well, I needed the money so I quoted a reasonable offer. After the check cleared I did a change of the owner from me to him.

    I took his personal check because he was in the U.S., the rules are very different when it's an international transaction. (I once paid for a shareware registration to a guy in Canada using a personal check drawn on a U.S. bank, I presume Canadian banks have no problem handling those; but I wouldn't accept anything but a guaranteed payment for an international transaction.)

    Since the possibility of fraud is high when the buyer is outside the same country (on low value transactions where there's no money to chase them if you can't recover it), you make sure it's a guaranteed payment. I would suggest either wire transfer (and make sure the payment additionally includes your bank's incoming wire transfer fee) or Western Union for the same reason scammers use them: so the money is guaranteed and can't be revoked or a fraudulent transfer such as a forged check. Especially since the funds transfer is from a foreign country, it might cost you $30 or more to clear a check issued on a bank in some other country, presuming you don't get the check back in six or eight weeks as a forgery. If they want a written bill of sale or something, fine. But you get guaranteed payment before they get the domain.

    Another option if the amount of the sale is not over the limit: set up a new, fresh account using Paypal or Google Checkout that goes to a new checking account at a bank (other than the one you do business with now) that will allow you to open one with no monthly fee (and check the paperwork they give you, sometimes they sneak fees in there), then, once the transfer clears, take all the money out except a token amount ($1) in cash, and then deposit the cash in your other account. Or close the account as you no longer need it.

    This way, they can't undo the transaction and you've got the cash. Even if they try to reverse the transaction, the bank can't reverse it because you didn't use paper; if you took a bank check from them they could reverse the payment to your bank. Also you don't want to use the same bank as your own because they can use set off if the other side tries to renege on the transaction.

    In fact, if they are going to use wire transfer, use a new account because I suspect the information needed for an incoming wire is the same as could be used for an outgoing one, and they might be able to siphon money out of your account. Or check with your bank to find out how to have a wire transfer that doesn't allow them to extract money from you, but I think wire transfers are ridiculous because of the fact that your bank charges you for the incoming transfer as well.

    Automatic red flag: if they offer you more and want you to arrange something to send them money back. 99.9999999999999999999999999999999% of the time it's a scam for them to rip someone else off and leave you on the hook to make the person they stole from whole, since they can't be found, but you can.

    I just went and looked it up for an example transaction, a Western Union transfer of $1,000 from Netherlands to the U.S. is about 711 Euros and costs around 41 Euros for the transaction, probably less than it would cost them for both ends of a wire transfer. If you're charging less than $1000 for the domain, the transfer fee to them will probably be less.

    If you do these things and the transaction goes through, it hasn't cost you anything but a little time and you've protected yourself.

    Otherwise it's no different from selling anything you own to someone else. A domain name has a registered owner, you transfer the registration to someone else, they own it. Most personal property doesn't have registered owners, if you sell something they just t

    --
    The lessons of history teach us - if they teach us anything - that nobody learns the lessons that history teaches us.
  12. Re:The lawyers are not completely to blame. by Anonymous Coward · · Score: 5, Funny

    The only real difference is the stakes involved...

  13. This is what's wrong with corporations by tkrotchko · · Score: 5, Insightful

    At a certain point, when you realize the guy isn't squatting, you cut him a check for $250K and you're done with it.

    Nissan has spent more than that on lawyer's fees and are further from their goal. If I was on the board of directors, I'd ask to have the guy pushing this fired. Not because of the money, but because of poor judgment. If you can't use common sense in obvious things, you probably can't suddenly turn it on for complex issues.

    Really, fire the guy at Nissan Motors who keeps pushing this lawsuit, and then pay the guy a few bucks for the domain.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you