Buyer trying to take moral high ground

[ian]

Anyone had a situation where a potential buyer has been disgruntled by a domain being for sale just for profit and tried pursuing through Nominet?

I've had a situation where I've offered a domain (two directory words, no trademarks etc) to multiple parties for sale (companies), and because I didn't accept his offer for double the registration fee, is now going to report to Nominet on the grounds that I've registered the domain (recently) solely with the intention of profiting, which he claims is a breach of Nominet terms. He has my email communication (was obviously leading me into this) and 'for sale' screenshot from website and is reporting out of principle.

He claims he will take this domain from me simply because he can, and has before!!! All because I didn't accept his offer.

Surely his only means would be the DRS route, of which he'd have no standing. I assume whilst Nominet may not like the practise of buying to sell at a profit, there is little they do about it?

 

[Adam H]

Had some pretty nasty emails from a couple of people before because they considered "domainers" to be scum of the earth, one guy threw a little fit when I compared domains to property investments/assets ( he was a landlord, rented out properties ).

Especially when i asked him if he through buying up 20 properties was "taking advantage" and taking away opportunities for cheap first time buyers to get on the market.

Likewise however ive been guilty of trying to drill people down with a little guilt trip.....thought it never works lol.

Had no one take it any further to Nominet though.

 

[grantw]

Anyone had a situation where a potential buyer has been disgruntled by a domain being for sale just for profit and tried pursuing through Nominet?

I've had a situation where I've offered a domain (two directory words, no trademarks etc) to multiple parties for sale (companies), and because I didn't accept his offer for double the registration fee, is now going to report to Nominet on the grounds that I've registered the domain (recently) solely with the intention of profiting, which he claims is a breach of Nominet terms. He has my email communication (was obviously leading me into this) and 'for sale' screenshot from website and is reporting out of principle.

He claims he will take this domain from me simply because he can, and has before!!! All because I didn't accept his offer.

Surely his only means would be the DRS route, of which he'd have no standing. I assume whilst Nominet may not like the practise of buying to sell at a profit, there is little they do about it?

Nominet recognise the buying/selling of domains as a legitimate business model. If it's a generic term and the guy doesn't have any rights to it then he won't stand a chance. Plus it's going to cost him £750 + Vat for a DRS which by the sound of it he isn't likely to pay!

Grant

 

[ian]

Not a fan of large portfolios waiting for end-users, but I see acquiring domains (on the drop in this instance) to actively resell as viable, and can't find anything in Nominets terms that prevent such practise (I don't hold long term unless initial plans are to develop). If they took such a stand in this instance (as I do believe he'll contact them), they'd set a precedent that they couldn't follow through given the scope and scale of domains owned by domain investors.

Just annoyed me somewhat that because he knows the registration price, and because the domain was recently acquired, he feels his right to offer £20 was sufficient and that I should now hand over the domain.

 

[foz]

All the time. Domain trading is legal, opinions are just that.

 

[Skinner]

Welcome to the forum Ian

On a serious note, there are dozens maybe 100s of posts about this, and the risks of outward sales. Most of us don't do outward sales to businesses only domainers.

There are issues with losing your first DRS in that every subsequent drs references it to build a case, its posted publically, not to mention the "3 strikes" rule, so for most its not worth the risk.

 

[accelerator]

Just annoyed me somewhat that because he knows the registration price, and because the domain was recently acquired, he feels his right to offer £20 was sufficient and that I should now hand over the domain.

If you aren't infringing anyone's legitimate intellectual property rights, then you are free to trade domains and set your price. If you are operating in a respectable way then I wouldn't let anyone annoy you.

The reason people get annoyed is that they think you are trying to profit without doing any "real" work, but we all know that a lot of real work is involved if you are going to be successful at domaining.

 

[ian]

Welcome to the forum Ian

On a serious note, there are dozens maybe 100s of posts about this, and the risks of outward sales. Most of us don't do outward sales to businesses only domainers.

There are issues with losing your first DRS in that every subsequent drs references it to build a case, its posted publically, not to mention the "3 strikes" rule, so for most its not worth the risk.

Thanks Skinner

I don't often reach out to end-users, on this occasion it was because I felt an end-user price versus a trade price would be substantially different and may not even reach a £50 initial bid on DL. However, on the occasions I have done so, they've had positive outcomes, this is the first where someone has got "arsey" about it, hence "the moral high ground". I reckon he'll contact Nominet and complain, I'm interested to know what they will say, or whether they will contact me, but as for a DRS, I'm not sure he'll go that far and spent that sort of money just to teach me a lesson

If you aren't infringing anyone's legitimate intellectual property rights, then you are free to trade domains and set your price. If you are operating in a respectable way then I wouldn't let anyone annoy you.

Indeed, my understanding is that providing you are not trying to profit from a complainant or a competitor, then you are free to trade as you wish. My only concern whether the approach of contacting an end-user puts domainers (in general) more at risk, despite the principle remaining the same.

Suppose it brings around an interesting topic rather than specific to me.

 

[Systreg]

I don't remember the domain name for the particular DRS, but the expert in it stated that the buying and selling of domains name for profit was legitimate and in no way abusive (unless in the case of TM's etc), perhaps someone knows that specific DRS case number or domain name where that was mentioned and you can send him the link to it.

 

[ian]

I don't remember the domain name for the particular DRS, but the expert in it stated that the buying and selling of domains name for profit was legitimate and in no way abusive (unless in the case of TM's etc), perhaps someone knows that specific DRS case number or domain name where that was mentioned and you can send him the link to it.

I think that judgement on a link would be appreciated by all

 

[Darren]

I don't remember the domain name for the particular DRS, but the expert in it stated that the buying and selling of domains name for profit was legitimate and in no way abusive (unless in the case of TM's etc), perhaps someone knows that specific DRS case number or domain name where that was mentioned and you can send him the link to it.

Mango.co.uk - Mango.uk

 

[Skinner]

It were mentioned long ago on case D00005899

 

[Systreg]

Thanks Darren and Steve, the mango DRS was the one I was thinking of, there was another where the expert stated about the buying and selling of domains being legitimate activities as well.

 

[UncleBob]

Surely his only means would be the DRS route, of which he'd have no standing. I assume whilst Nominet may not like the practise of buying to sell at a profit, there is little they do about it?

never lose sight of the fact that just because someone throws around threats or makes accusations it does not make them right, at least not outside of their own mind :wink:

think of it in these terms - if you obtained a Van Gough, or an office building in Canary Wharf, for £5, would that mean you were then obliged to sell it on for £5? no, it doesn't. a domain name is just as unique.

 

[Edwin]

All the time. Domain trading is legal, opinions are just that.

Opinions are like noses - everyone has one (The original phrasing is often ruder, but this will do just as well...)

 

[BREWSTERS]

Opinions are like noses - everyone has one (The original phrasing is often ruder, but this will do just as well...)

Except Voldemort.

 

[disruptive]

I had one guy who did this, he wanted this property related name. He tried to pass off to Nominet that he had an established company. I went to Companies house and showed that he nothing but £100 in the company and was trying to pull a fast one. He never won the case. Was totally pointless on his part.