trademarked name

[findtim]

i will be asking for an appraisal at the end, but you need the knowledge first.

just got an email telling me one of my domains is infringing on a companies trademark.


i've owned the domain since March 2000, it use to be my photography business which i have since close in 2007.


he registered his trademark last year.


i then put a blank page up and there it sits since with no intention to ever do anything with but don't want to drop it.


the guy was advised that although the domain was registered i had no rights to it so go get a trademark then send me a legal letter !

so i pick up the phone, he's a nice guy with bad advice, we talked and i've agreed to do a 301 redirect to his site today because i'm a nice guy


he now wants to buy it and not sue me, there is no metrics, there is nothing special about the name so i'm not going to post it, its just he has a large range of teenage fashion and skateboards etc.


i worked out i've probably spent @ $1000 in renewals/hosting over 12 years.

So what should i sell it for?


tim

 

[neddy]

How long is a piece of string?

We need a name to give you sensible advice.

This thread / sub-forum is not indexed by Google, and only readable by members. So you should be safe.

 

[Chris.C]

So what should i sell it for?

If there is no breach, then I'd be treating it like any other domain sale, work out what it is worth to him to have the issue resolved and/or own the domain outright, and sell it to him for as close to that price as possible (you can deduct some for mates rates if your want).

So given it has no metrics that could be $200 or it could be $2000.

With that said, I tend to think what you've spent on it to date is irrelevant - those costs are sunk and have nothing to do with the value that a buyer sees in the domain and to be honest if the site doesn't generate any business or revenue selling it for anything will leave you in a better position anyway and it sounds like the sort of domain that only has ONE potential buyer.

So whether you get $200 or $2000 it's still $XXX better off than you were and you no longer have to pay renewal fees or hosting.

I'd probably just go back to him and say, "I've put a lot of time energy and effort into this domain over the years but for the sake of resolving this issue I'll sell it to you for $2500. Does that sound fair to you?"

And if he says, no. Then just ask him what price he thinks is fair and work from there.

 

[findtim]

www.byronblue.com.au is my domain, he is using www.byronbluestore.com.au

there are now metrics worth stating except he is doing a lot of brand advertising and promtions.

you can see by his stock he is LOCKED into "MY domain name "

tim

 

[zhenjie]

Its obviously worth a lot to them. Looks like a decent sized distributor who will value the branded domain name highly. I wouldn't settle for any price you weren't happy with.

 

[findtim]

i'm thinking $3k, deal or no deal and i think its a fair deal, i'm happy to keep it anyway.

tim

 

[Billy01]

Just because they have the trademark........not going there

Ask for $5k. You can't go up from $3k

 

[snoopy]

i'm thinking $3k, deal or no deal and i think its a fair deal, i'm happy to keep it anyway.

tim

Would just try that and see how it goes. Gut feeling is 5k is probably too much for the buyer.

 

[acheeva]

You are definitely adding value to his business & stopping leakage to your domain

If you go for a higher price then you always have the option of instalment payments

 

[snoopy]

You are definitely adding value to his business & stopping leakage to your domain

If you go for a higher price then you always have the option of instalment payments

A high price always increases the risk of the buyer walking, or it back fires and the price comes tumbling down because it is so far out of his range. The ideal scenario is probably a price he can potentially stretch to, my gut feeling is 5k is likely above that.

 

[findtim]

Would just try that and see how it goes. Gut feeling is 5k is probably too much for the buyer.

having talked to him i think so to, my benefit is i don't NEED to sell but i am happy to sell.

$3k is sitting right for me at the moment.

thanks everyone for the input

tim

 

[333]

That's a fair price Tim.
I hope he's smart enough to work it out.

Good luck.

 

[djuqa]

I would be asking for $20K
If he refuses then as he only has TM for (Class: 28) Surfboards, Skateboards & (Class: 12) Kayaks I would tell him to "F" off.

 

[Chris.C]

Keep us updated.

 

[segator]

$5K+GST is fair price.

Suggestion / Option - If he states it is too much, you can consider offering him to pay the balance by installments with 50% deposit.

 

[findtim]

DEAL DONE, i felt comfortable with $3300 inc GST and i just completed the deal.

thanks for your posts

tim

 

[aus11]

DEAL DONE, i felt comfortable with $3300 inc GST and i just completed the deal.

Well done! Good result Tim!

 

[goldnugget]

Good stuff ....must say I reckon it was a cracker name....good ring for surf/skate wear and merchandise.

 

[zhenjie]

Great result

 

[bradderick]

Sounds like a win all round