Some people think they somehow deserve a domain name so they try to acquire it using baseless and empty legal threats and/or subtle indirect threats.
I received an inquiry for a 2-word .com 2 weeks ago to which I replied with a $150k quote.
The domain was registered in 1998 and I bought it in 2008. So I have it for about 10 years now.
I then received a $2,000 offer to which I replied “thank you for your offer but we can’t accept it. “.
Then about a week later I received this:
“Thank you for your response. Just an FYI, I have owned the trademark and service mark for the term ‘******* *****’ and also DBA for 6 years. Anybody who is interested in the domain **************.com will obviously have interest in selling/promoting ************ under the name ******* *******. Seeing as this would be trademark infringement, I cannot see you ever having any other potential buyer other than myself. I am willing to slightly negotiate but i will never be anywhere close to your quote of 150k.
I don’t NEED this domain, i just want it. I understand if you think the domain is too valuable for my offer, but I just ask that you consider SOME money for the sale of this domain is better than never selling it. Which I don’t see happening with anybody but myself, at least within the next 50 years.
Thanks for your time. Just let me know if you ever reconsider!”
So here are a few points:
- He owns a longer .com since 2013.
- He has a US registered trademark since July 28, 2015. I own the domain since 2008.
- In his trademark registration he claims: FIRST USE IN COMMERCE: 20130517
- He is not saying that I am infringing on his rights. He says that a potential buyer will infringe on his trademark.
- He contacted me before, back in March 2015, when he offered $100 and I said “no thanks”.
- He then said: “I own the trademark rights to ‘******* *****’ in which you are infringing on that trademark with the ownership of the domain *************.com- also protected by the anticybersquatting law. We can make this easy by you releasing the domain and transferring it to me. Otherwise you will receive a cease and desist letter and if you do not comply and transfer ownership of the domain name within 30 days we will take legal action.”
- In March 2015 his trademark application had not even been published for opposition.
- Of course he did nothing as I was not and I am not infringing on his rights. He did not send a cease and desist letter or took legal action. (Probably an attorney advised him not to?)
- He didn’t accuse me now of infringing so he probably made some research and/or consulted with an attorney.
- Now I will not negotiate with him. I don’t respond well to threats even as subtle as this one. But he did threatened me in 2015 and I had forgotten about that until he reminded me with his attitude.
- He thinks he is the only buyer. Good luck with that argument.
I can assure you that what he accomplished is me having all this correspondence as evidence in case he tries something stupid in the future. Also I will renew the domain for 10 years and let it sit these.
I will finish with this: “I don’t NEED this domain, i just want it.”
He sounds like a spoiled brat. He tried to force his way into getting this domain name without paying a fair price just because he thinks he is better that anyone else. He threatened me and never followed up with his empty threats and now he is using this passive aggressive manner (not really saying I am infringing but that I will not be able to find a buyer that will not infringe) and wants to buy it cheap just “because”.
He is not getting what the WANTS anytime soon.