General
Don’t You Just Hate Bullies?
Oct
Alas, domain investing is not immune to bullies.
To me, a bully is someone who tries to intimidate you through words, threats and actions.
But just like the schoolyard, you can either give in or stand up to them.
Either way, it’s still upsetting – particularly when I’m on a very special holiday in Southern Africa.
Case in point
No naming or shaming, but let me share the outline of the harassment for now.
1. I receive an offer on the Profit marketplace for $501 for a valuable 3-letter domain name.
2. The prospective buyer is a lawyer with a small practice in Sydney. They currently use the .au version of the 3-letter domain, and realise that to be taken seriously, they should have the com.au.
3. The offer contains the following words:
This name is registered, trademarked and copyrighted.
We invite an amicable sale – or will forced to seek judicial relief which we will also seek costs and losses.
4. The lawyer obviously doesn’t understand that when it comes to domain names, there are much simpler and less costly approaches to make complaints and seek possible redress.
Or perhaps he does – and he’s just trying the “shock and awe” tactics that litigators tend to use on occasion!
5. I respond as follows:
If you want to have a crack, that is your right. I note you have the .au registered.
I’ve been a domain investor for a long time – as well as a Registrar at one stage. So not only do I know the rules, I like to think I abide by them. Particularly when it comes to threats of TM infringement with a 3L domain name.
But I agree with you – let’s try amicable first.
I’m currently in Namibia on my retirement odyssey, and my son is looking after the business. But I will handle this one.
Bottom line for us is $1850 inclusive of GST, transfer costs and 12 months new registration. Transfer of the domain is done electronically once funds are received. That is a substantial discount, and we won’t sell for less.
If that works for you, here is the discounted link which is valid for 48 hours. Or if you don’t want to click the link, go to Profit and search for the domain. You can pay by Stripe or PayPal.
If not, all the best.
6. He replies:
Much appreciated for the prompt response. You offer is not acceptable.
Our offer, which is FINAL, is AUD$501.
It will automatically expire in 24 hours from the date and time of this email.
Given your own representations of your personal knowledge, experience and expertise in TM LAW, absent a satisfactory outcome we will escalate and reserve rights on costs, damages and interest.
In the interim, we would be pleased to receive your CV (with supporting documents) as well as the best address for service of legal process.
If you have independent legal representation, we ask for their contact details and suggest that you provide them with a copy of these communications.
We await you urgent response and reserve all of our rights.
7. I don’t reply and he sends this follow up email:
Hi Ned,
I am still waiting upon your confirmation of credentials.
Are you practicing solicitor?
It might be helpful to speak.
8. I reply:
You obviously have a different definition of “amicable” to me.
At the wise old age of 68 I can tell you that I concur with the motto that “you catch more flies with honey than you do with vinegar!”
Please note
- I deny all your imputations.
- I will not submit or respond to your informal interrogatories.
- You have a Word Mark for “— Lawyers” not “—“. Class 45 provision of legal services,
- — com au does not provide legal services.
- In any event, the registration of this domain precedes your trademark by over 10 years.
- There is also no hierarchy of rights under auDA policy.
- My “amicable offer” remains open for another 24 hours.
I’m on a very precious overseas holiday, (with a 9 hour time difference), so I’m not going to get involved in too much back and forth.
Please either take my generous offer, or pursue further action.
You may find this info on Australian domain name complaints helpful (and a lot less costly), https://www.auda.org.au/au-domain-names/complaints-and-disputes
9. He then engages a solicitor from a law firm specialising in IP protection. I get a courteous email asking if I have time for a phone call – even though they acknowledge I am in a time zone nine hours away.
10. I politely decline by email, and receive no further communication from either party.
Some other facts
1. The lawyer registered a company name on the 1st October 2024 (a few weeks ago) with the three letters of the domain name followed obviously by “Pty Ltd”. I don’t imagine that will go well for him in any prospective legal action.
2. My company has been the registrant of this domain name for over 10 years.
3. I have never heard of this law firm or person until last week.
Conclusion
Good 3-letter domains generally sell to endusers for a lot more than $1850.
I have offered the lawyer a pragmatic, face saving and much less costly solution to acquire the domain name he so obviously desires.
Let’s see whether he takes it.
Join the conversation here on LinkedIn if you want to.
