Need advice on a big domain sale negotiation

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Aveligand

Aveligand

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Jun 11, 2007
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I need some advice regarding this domain a close family friend of mine owns (and wants my help either selling or otherwise getting some profit out of it). 10 years ago he registered a domain for a chemical compound which he's been doing research on for close to 2 decades.

In the early 2000s, a big pharmaceutical company trademarked the name and in 2003, tried to sue him for the domain name and brought the case to WIPO. But WIPO ruled in my friend's favor because he could show that he was working on the chemical compound long before the big pharma company registered the name, and as of now the domain still belongs to him (all the other TLDs have been registered by the pharma and redirects to their drug page)

So my question is, what's the best way to make some money out of this? Should we just approach the company and ask them for a offer? And who should we be talking to in the first place?
 


You can try dealing with them directly and then use an escrow company when the deal is finalized. Or if you don't have any experience whatsoever with domain names you can go to a reputable domain broker to help barter a deal for you, but they will take a percentage of the sale price for their services...
 
Aveligand said:
So my question is, what's the best way to make some money out of this? Should we just approach the company and ask them for a offer?
Click to expand...
No! - Don't approach them!
And who should we be talking to in the first place?
Click to expand...
Find a good lawyer specialized in domain name litigation, the fee is well worth it.

John Berryhill

The site looks like crap, but John is very well versed in defending domain names and advising people on legal domain issues.
 
Edwin said:
No! - Don't approach them!
Find a good lawyer specialized in domain name litigation, the fee is well worth it.

John Berryhill

The site looks like crap, but John is very well versed in defending domain names and advising people on legal domain issues.
Click to expand...

Thanks. Any idea how much these domain litigation lawyers charge for consultation and commission (assuming a deal is transacted)?
 
Do not even commit an escrow transaction until you have made a contract of agreement to legally bind the transaction even if you send them the domain name a year before they pay you.

DON'T approach the company. A pharmaceutical doesn't run this kind of transaction from the CEO hotseat. You aren't emailing the guy with the name on the golden plaque asking for the best offer. Instead, you deal with their legal department. The legal department also doesn't know anything about domain names and don't even deal directly with the owner in most cases so you can get a much higher offer than another seated individual would suggest.

But there's no way you can deal with the legal department alone. They speak in riddles and hide under ruthless legal terminology so you agree to untranscending bindings you didn't even know you were signing on. Get yourself a lawyer to broker the deal. Most lawyers will actually pay out of their anticipated-commision pocket to use a brokering agency while they deal with the legal side, so make that their expense.

Not really sure how to find a good lawyer in this field other than referrals like the one in this thread. I'm a business/law student but can't enter the field yet. ;) One day I'll be WF's go-to lawyer, but until then, I can't even compile a list of lawyers I trust.

If you want any other advice, go ahead an PM me. :)
 
Edwin said:
No! - Don't approach them!
Find a good lawyer specialized in domain name litigation, the fee is well worth it.

John Berryhill

The site looks like crap, but John is very well versed in defending domain names and advising people on legal domain issues.
Click to expand...


I agree about checking out John Berryhill. I would also call up Monte up at Moniker. He may be able to refer you to some legal folk, as well as be able to answer some of your questions. You can tell him I referred you...

-=Chipmunk=-
 
Here is a list of reputable and knowledgeable lawyers concerning domain name issues:

John Berryhill John Berryhill
Robert Cumbow Graham & Dunn - an Industry-Focused Law Firm
Brett Fausett Cathcart Collins LLP | About Our Firm
Ari Goldberger >>> Domain Name Lawyer - Handling Domain Name Disputes and Transactions - Law - Internet Lawyer - Legal Representation - Expert - ICAAN - UDRP - Domain Dispute - trademarks - free consultations - intellectual property - cyberlaw. - ESQwire.com - Doma
Zak Muscovitch (Canada) www.DNattorney.com
Stephen Lieberman Patent and Trademark Registration - Intellectual Property Law Firm Washington DC
Brett Lewis Brooklyn NY Law Firm | Lewis & Hand LLP Internet Law Trademark Law Real Estate Probate & Estate Administration New York
Howard Neu Law Offices of Howard Neu - Internet and URL Law, corporate litigation, appelate law, Florida
Derek Newman Newman & Newman, Attorneys at Law, LLP
Neil Smith Sheppard Mullin Richter & Hampton LLP
David Steele (California) Christie Parker Hale - HOME
Steve Sturgeon domain name legal help
Brett Wakino (California) The Law Offices of BRETT P. WAKINO

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This is very interesting and some very good points please let me know as well

the outcome.
 
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