Wow, there are replies here I wasn't aware of.
First, I was asked if I see domaining as a business. Yes of course, although it ain't paying my bills and I think I'm gonna abandon it as a diligent activity.
I have acquired typos with the goal of getting a little ad revenue from the "dregs" of typo traffic, but not to gouge anyone if they want it, nor to detract from business they would otherwise get. Typos will be visited, and I feel if a business won't register its own typo, someone should. I don't believe I've ever done any domaining activity that diminishes anyone's business. If the typo is blatant, a business that has used the correct spelling should own it as soon as they express interest in having it, wherin the registrant recoups his costs and keeps any revenue he's been earning... sayeth me.
Now, y'all may find this ironic and entertaining: Today I received my first ever C&D letter. What an honor! It included a demand for "damages" of $5000. Their demand for damages was their very first contact with me, and I think it was very rude.
Here's how it went: I didn't have counsel, but within a few email exchanges with their lawyer, they changed their tune from demanding $5K and accusing me of a crime to paying me $100 to settle and transfer. The domain had only 13 visitors in the 4 months since I registered it, so I didn't think it had value to anyone, (not even them.)
Now, my domain was a typo not an exact company name so I see that as a somewhat different. A typo doesn't prevent anyone from getting proper traffic. It is simply picking up the dregs of what has been dropped. Similarly, I wouldn't deny the registrant of the name I want of any revenue he's received in the past, and I do not feel the least bit "damaged" unless he chooses to attempt to price gouges. Likewise I think the demand of $5K from me was B.S.
I feel when a company has interest in an obvious .COM of their established business name, (or an obvious typo) they should have it. If I'm the registrant when they express interest in getting it, then I feel it's justice to surrender it, recouping any of my costs and keeping any revenue I've collected. At that point I feel it's rightfully theirs, but not until they actually WANT it and would have otherwise made use of it.
Obviously, a domain has no value to anyone who had interest in controlling it.
So here's my perspective of today's experience from the other side: As the registrant of the typo, I wish they had just written to me, and even if they just offered $10. I would have asked for more, but if they stuck to the offer I would have taken it, recovering my costs of registration. It also would have cost them a lot less to go that route, because they could have done it without counsel.
Instead, today in an exchange of 6 or 7 emails, we played a game of expensive brinksmanship. (I happen to believe brinksmanship is about 90% of what lawyers do.) Given their rude approach, I didn't "sell" per se... Instead I demanded the money as damages for their harassment, adding that once they paid I would be happy to transfer.
So here's what I intend to do to acquire the domain I want: Once escrow closes on the business, I think I'll call the owner and tell him very respectfully that I feel I should properly control the domain, and offer a few hundred. Unlike my typo, I believe this dude (whose location is only 2 miles from the business) had the goal to sell it to the business when they eventually figured out they needed a website. Whatever the laws may be, not ethical IMHO.
Ultimately, I intend to do what's legal and in my own interest. (Duh.) In this case, if the registrant wants more than $XXX I think I can get from him, justifiably, by filing a complaint. Once it's filed, there may be another game of brinksmanship similar to the one I played today, but I doubt it will all cost $XXXX, even though he knows it's worth more than that to me. The reason I believe this is because knowing its name which I do not feel can reasonably be seen as generic (and sorry I still can't disclose it) I believe the UDRP complaint from my side would be strong, even without counsel and at still lower cost to me than $XXXX.
If a UDRP complaint failed I'd be surprised, but hell... I could just change the company name! After all, their past business came only via telephone, and the phone number isn't changing.
Basically, I only started this thread because I was concerned that if I offered money up front it could kill the possibility of filing an effective UDRP complaint, and I now realize that was an unwarranted concern.
The replies to this post should be interesting. :uhoh:
