Domain Name - sale
Discussion
Just over 10 years ago I bought a domain name of an up coming motorsport personality as I was/am a huge fan and intended to have it as a fan site/forum.
I did create a forum but it just got spammed and then I lost the login details and it has just been left to sit there.
The personality is a very big worldwide name now.
But as the site is of the personalities name www.theirname.co.uk is there any problem with me selling it on?
I did create a forum but it just got spammed and then I lost the login details and it has just been left to sit there.
The personality is a very big worldwide name now.
But as the site is of the personalities name www.theirname.co.uk is there any problem with me selling it on?
If you the person is a massive name and you have a forum making money (or trying to make money) from their band then it would seem an open and shut case for them to take the domains from you via the Nominet complaint process if they wanted to.
They might not necessarily want to though - if it is (or could be) used as a fan forum and they generally feel that its beneficial to them, they may just leave it be. Its impossible to say which route they'd go down.
If they realise you're trying to sell it, that could be the catalyst for them to come after you though, when perhaps they wouldn't have before.
Also its worth pointing out if they go down the Nominet complaint route then it won't cost you any money and you can just fold at the earliest opportunity and hand the domain over. But they don't have to go to Nominet - some companies just immediately go legal, which will mean you need a solicitor. And there won't be legal aid for this...
They might not necessarily want to though - if it is (or could be) used as a fan forum and they generally feel that its beneficial to them, they may just leave it be. Its impossible to say which route they'd go down.
If they realise you're trying to sell it, that could be the catalyst for them to come after you though, when perhaps they wouldn't have before.
Also its worth pointing out if they go down the Nominet complaint route then it won't cost you any money and you can just fold at the earliest opportunity and hand the domain over. But they don't have to go to Nominet - some companies just immediately go legal, which will mean you need a solicitor. And there won't be legal aid for this...
Thank you 
The forum wasn't created to make money and I haven't made any money from it, nor intended to. It was purely me being a huge fan and thought it would be a good idea at the time.
I have just checked and I bought the domain in 2004 and they trade marked his name the same year, although the filing date was before I bought it, the trademark was finally registered a few months after the date I bought it.
I wouldn't mind making some money from it now though to put towards my business. I have seen www.theirname.de for sale at 10,000 EUR!
How could I sell it without making too much of a big deal of it? Go through a domain name sales agency or myself, perhaps on Ebay?
The forum wasn't created to make money and I haven't made any money from it, nor intended to. It was purely me being a huge fan and thought it would be a good idea at the time.I have just checked and I bought the domain in 2004 and they trade marked his name the same year, although the filing date was before I bought it, the trademark was finally registered a few months after the date I bought it.
I wouldn't mind making some money from it now though to put towards my business. I have seen www.theirname.de for sale at 10,000 EUR!
How could I sell it without making too much of a big deal of it? Go through a domain name sales agency or myself, perhaps on Ebay?
cslgirl said:
Cheers, have done !
The advice you are being given is awful.Listing it for sale on Sedo can and will be used against you if they complain to Nominet.
Yes you could sell the domain without anyone realising, but nobody is going to give you a lot of money for it without first verifying with the real person that they don't object to the sale. When they go enquire about this, it is realistically going to lead to the person demanding you turn the domain over to them.
Realistically the best hope you have is offering it for sale to the real person for a relatively low amount, a few hundred pounds or something. If they want it then hopefully they buy it from you as it ends up costing them less time/money to pay you than to try and take it from you via Nominet. If they call your bluff and demand it for free, I'd advise just giving them it.
cslgirl said:
LooneyTunes said:
Don't do that. There needs to be "bad faith registration" involved for the internet authorities to remove it.
Fame does not automatically equate to domain rights.
Fame does not automatically equate to domain rights.
Yet more pretty poor advice...
cslgirl said:
So, the bad faith would be seen as me buying the domain in the name of the not so famous person (back then) and then trying to sell it 10 years later? Would they have to prove I bought it in bad faith as it seems a little unfair as it wasn't bought in bad faith at all. And surely by me not using it to make any money and using it as a fan forum wasn't profiteering?
Its complicated, the registration of the domain in itself could be seen as bad faith - you clearly had no real connection to BobSmith.co.uk or whatever it was. Everything else you do on top of that risks further strengthening the 'bad faith' argument - did you have adsense or any sort of monetisation on the domain at all? Now your listing of it on Sedo is going to count towards any bad faith claim.The realistic view would be, if Bob Smith wants to take this domain from you he is going to do so and you can't stop it. Depending on the route Bob uses to do it, you might end up with a huge legal bill. But you might not.
If you really were a big fan you'd just give him the domain, not try and hold him to ransom over it
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