Would you send an offer like a threat

[asantha]

Just got an offer via sedo
Dear Sir/Madam
Please be advised that my company ___________________ of which I am the Sole Director, owns the Trademark '_______ in Class 41 (Entertainment) Trade Mark_______ Australia. This means that the domain can never be used or activated without my permission so it is quite useless to anyone but myself. I would like to avoid getting my lawyers involved at this stage and would like a quick resolution. As a result I would like to offer you $100 USD immediately to transfer this domain to my company.
Sincerely

When I got this offer I was thinking to sell the domain for $200,, and then I read this comment,, and then I am thinking not to sell at all,,,

 

[asantha]

Obviously I did not check ATMOSS - when i register the domain, all I wanted the catchy domain-- hoping ,, was not happy after I registered as it does not have any commercial value,, I would have sell it for 100, but this message ... if I want a domain I would ask nicely -

 

[eBranding.com.au]

A trademark does not necessarily mean that you don't have legitimate rights to own the domain. If it's being used in a manner that complies with auDA policies and it's not being used in the class that they hold a trademark in, you would have a good case.
I've had a (completely baseless) threat turn into a very good sale.
You'll need to make a judgement as to whether they have a solid case or if it's an empty threat. You'll also need to assess if it's worth fighting, even if they have no grounds for their threat.
Erhan would have a lot more expertise to offer on this topic.

 

[Cooper Mills DomainLawyer]

I see these kinds of threats by ill informed people. They go about things the wrong way, having said that each case depends on its own facts.
Asantha I would say that I disagree with his position and that if he maintains it, have his lawyer outline the proper legal basis for his claims in a letter. Most people try on this aggressive approach to try and intimidate people.
The instances of Reverse Domain Name Hijacking are unfortunately increasing in my view, 'why pay for something you can steal' is the corporate mantra in many cases.

 

[Erwin]

Great advice given..
Wish you the best of luck with this scenario.. Hopefully you can share the name with us after the dust has settled..

 

[Bacon Farmer]

Regardless of his wanky letter, he's offering $100 and you want $200.

Ask him what a threatening letter from his lawyer will cost to arrange. Your price is bound to be cheaper so just tell him what it is.

 

[asantha]

Thank you Erhan,
@Bacon Farmer - Yes I wanted even $100 for this,, but after reading this message - I am pissed off

and now this is what I got
The other party has made the following comment with this offer:
This is my final offer. As I have stated previously I own the Trade Mark to the word so this .com.au address will never be allowed to be used. If you refuse this offer I will be passing this matter onto my legal team and proceed as advised.

 

[asantha]

Great advice given..
Wish you the best of luck with this scenario.. Hopefully you can share the name with us after the dust has settled..

wogs

 

[eBranding.com.au]

That's a generic term, it could be applied to a range of uses. They have a trademark in one class, not all classes.

 

[helloworld]

So what are you going to do ? He seems like a jerk ***.
Tough call - have some fun with him/take the cash

 

[elbranch]

$200 seems like chicken feed for a 4 letter domain name generic term exactly matching a registered trade mark.

In this situation I would be wanting at least $2,000.

If you contact him do not mention any legal matter until and unless he sends you any further emails only containing legal threats.

If you contact him just say you are responding to his offer of $100 and tell him you have had the name independently valued at yadda yadda yadda.

You could ask him how he came to the valuation of $100 as this is below market value.

There is more to it than that, but basically I wouldn't feel threatened at all and I would be wanting a lot more than $200 for it.

wog1 (wɒɡ

)
Definitions
noun

1. (British, slang, derogatory) a foreigner, esp one who is not White

Word Origin
probably from golliwog
wog2 (wɒɡ

)
Definitions
noun

1. (slang, mainly Australian) influenza or any similar illness

"wogs" trademark Class: 41 "Entertainment" really doesn't cover these meanings as they stand.

 

[elbranch]

If you are worried you could also put "Without Prejudice" at the top of the email which would allow you to respond to his business offer without anything you say being used against you (although this would indicate that the matter does have a legal dimension even though you are not discussing a "legal" matter only a "business" matter).

 

[Data Glasses]

I thought that Wog stood for Western Oriental Gentlemen, i am sure i read that many years ago, i doubt that you be taken down on the trademark thing, whether singular or plural

 

[jamesau]

Regardless of his wanky letter, he's offering $100 and you want $200

$100 USD isn't far off $200 AUD these days anyway!
The fact that the offer is in USD is slightly curious in itself.
All considered, if you have no attachment to the domain, I would let your personal issues slide and let it go. If they're happy to cover Escrow fees you might even consider it a win.

 

[helloworld]

Had s look at atmoss. Pretty lol that they want the domain now. I don't see how he could make a comeback since he was never funny in the first place.

I often hear UK friends who are shocked at the terms use in oz.

 

[FirstPageResults]

$200 is chickenfeed compared to the minimum $2K he'd spend on auDRP. I'd ignore the threats and cease corresponding with him.

Also this thread should probably be in the legal section so that it's not crawled.

 

[elbranch]

The problem regarding its value to the trade mark owner as raised by helloworld is that the trade mark owner might not currently value the trade mark very highly so would not want to pay much for the domain name but is happy to take ownership of it for a low-ball offer.

 

[Bacon Farmer]

He wants to pay $100. Tell him that's funny, he must be a comedian

Tell him you'll swap it for his purple valiant.

 

[Data Glasses]

Ha ha ..purple valiant ...........http://www.rod.tv/the-chrysler-valiant/

 

[James]

Yeah I had some one threaten to take me to WIPO (cost of $2,000) over a domain, they had already filled in the WIPO forms and attached them to a email with an offer of $1,000.
As the domain was not trademarked and generic the prior owner was quite annoying. I had a lawyer reply to their email saying their WIPO documentation was destine to fail ect, I did end up selling the domain to them for around 2k which to save any problems. I could have got way more as this company was large with like 100 people tho I am not money hungry.