How to Resolve Domain Name Disputes
Assess the value of the domain., Find out who currently holds the domain., Send a letter to the domain holder., Evaluate the response., Demonstrate a willingness to compromise.
Step-by-Step Guide
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Step 1: Assess the value of the domain.
Before you attempt to contact the current domain holder, do a little research to determine the domain's potential traffic impact and how it could improve your marketing and branding.This assessment assumes you don't currently have a trademark on a word or words included in the domain name.
Having a trademark puts you on stronger footing against the current domain holder, but it also could mean that the domain is being held by a cybersquatter who's only trying to extract maximum value by snapping up the domain before you could get to it.
Look at the potential for confusion between the domain and any other domain you currently own.
For example, suppose you currently own candyscupcakes.net, the website for your business called Candy's Cupcakes.
If someone else owns candyscupcakes.com, there's a pretty significant likelihood that a potential customer trying to find your website would land there instead.
Evaluate the website's page rank or rating on performance metrics such as Google page rank and Alexa page rank.
These algorithms give you a good idea of the website's performance and recognition level on the internet.
If the domain gets high search results, it potentially is worth a larger investment.
Based on your analysis, come up with a range you're willing to spend to purchase the domain from the individual or business currently holding the domain.
You may want to consider hiring a domain broker to do this analysis for you, particularly if you have little to no experience with domain valuation and web marketing.
Most domain registrars offer broker services. -
Step 2: Find out who currently holds the domain.
Before you can negotiate with the person who currently owns the domain, you must find out his or her name and contact information.You can use the WHOIS utility to look up the person who has registered the domain name.
Go to the website www.whois.net, and type the exact web address.
With a few clicks, you can find out the registrant's name as well as administrative, technical, and billing contacts.
WHOIS also tells you when the domain was originally registered and when the registration is due to expire.
Sometimes you may not be able to get actual names and contact information because the domain holder has contracted for domain name privacy, typically through his or her registrar.
If instead of an individual's name you see the name of a domain privacy company or a registrar, you'll have to take the extra step of going through them to get contact information about the registered owner of the domain.
If the domain currently is active, spend a little time perusing the site.
Get to know the owner and his or her business.
See if you can figure out the connection between the business and the domain name.
If there seems to be little connection, it may be a signal that the owner isn't extremely attached to the domain name and would be willing to sell it to you.
If the domain owner only appears to be holding it as an investment opportunity, this potentially gives you more room to negotiate.
A domain name can be purchased relatively cheaply, and the only chance the owner has to profit from this meager investment is to sell it.
If you can convince the domain owner that you are the best, or only, potential buyer of the domain name, you stand to get it at a fairly reasonable price. , Once you have contact information for the registered domain holder, craft an exploratory business letter expressing your interest in the domain and asking whether the holder would consider selling it.Write your letter in standard business format, and keep your language polite and professional.
If you have letterhead that includes a word or words in the domain that you want to buy, this may help reinforce your claim.
Your letter should be brief.
You don't need to provide any background information about yourself or your business, or why you are interested in the domain.
Simply state that you are interested in purchasing the domain name, and give the holder the lowest possible amount you are willing to pay based on your research.
Take care that the price isn't low enough to insult the holder and cause him or her to reject your offer outright.
However, you should assume the holder will reply with a higher number, so give yourself plenty of room to maneuver.
Sign your letter and provide your email address and phone number for the domain holder to get in contact with you. , Depending on how the domain holder responds to your initial foray, you may be able to resolve the domain name dispute between yourselves without filing a complaint or a lawsuit.You may want to introduce some urgency into the exchange.
Explain that you have a deadline, or that your boss wants the transaction completed quickly.
Neither of these may be true, but if it's nothing the holder could find out about, it shouldn't be any issue.
Keep in mind that it's possible the domain holder may come back at you with a ridiculously high amount that's far away from even the maximum you were willing to pay.
Stay firm, and provide a counter-offer not much higher than your original lowball.
If the domain holder wasn't at all interested in selling the domain, he or she wouldn't still be talking to you. , Have respect for the domain holder's business and his or her interests in the domain, approaching negotiations with caution but also with flexibility.While you never want to give up your range, or valuable information about exactly how important the domain is to you, there are still ways you can demonstrate flexibility to even the toughest negotiator.
For example, if the domain holder comes back with a number that's still far away from yours, you might say something like "I can see that we're still very far apart, but I believe we can find common ground." Consider giving the domain holder a false maximum, especially if you've already gone through a couple of rounds of negotiations.
For example, suppose you've offered $1,500, and the domain holder said he was willing to sell for $7,000.
After a couple rounds of negotiations, you've got him down to $6,000, and you're currently at $1,800.
If you tell the domain holder "I can go as high as $3,000, but that's the absolute most I have in my budget," he may be willing to come down to that level or close to it.
At this point, you may even be able to close the sale for under the $3,000 you set as your "ceiling," which is quite a boon to you if you budgeted $5,000 to purchase the domain. -
Step 3: Send a letter to the domain holder.
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Step 4: Evaluate the response.
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Step 5: Demonstrate a willingness to compromise.
Detailed Guide
Before you attempt to contact the current domain holder, do a little research to determine the domain's potential traffic impact and how it could improve your marketing and branding.This assessment assumes you don't currently have a trademark on a word or words included in the domain name.
Having a trademark puts you on stronger footing against the current domain holder, but it also could mean that the domain is being held by a cybersquatter who's only trying to extract maximum value by snapping up the domain before you could get to it.
Look at the potential for confusion between the domain and any other domain you currently own.
For example, suppose you currently own candyscupcakes.net, the website for your business called Candy's Cupcakes.
If someone else owns candyscupcakes.com, there's a pretty significant likelihood that a potential customer trying to find your website would land there instead.
Evaluate the website's page rank or rating on performance metrics such as Google page rank and Alexa page rank.
These algorithms give you a good idea of the website's performance and recognition level on the internet.
If the domain gets high search results, it potentially is worth a larger investment.
Based on your analysis, come up with a range you're willing to spend to purchase the domain from the individual or business currently holding the domain.
You may want to consider hiring a domain broker to do this analysis for you, particularly if you have little to no experience with domain valuation and web marketing.
Most domain registrars offer broker services.
Before you can negotiate with the person who currently owns the domain, you must find out his or her name and contact information.You can use the WHOIS utility to look up the person who has registered the domain name.
Go to the website www.whois.net, and type the exact web address.
With a few clicks, you can find out the registrant's name as well as administrative, technical, and billing contacts.
WHOIS also tells you when the domain was originally registered and when the registration is due to expire.
Sometimes you may not be able to get actual names and contact information because the domain holder has contracted for domain name privacy, typically through his or her registrar.
If instead of an individual's name you see the name of a domain privacy company or a registrar, you'll have to take the extra step of going through them to get contact information about the registered owner of the domain.
If the domain currently is active, spend a little time perusing the site.
Get to know the owner and his or her business.
See if you can figure out the connection between the business and the domain name.
If there seems to be little connection, it may be a signal that the owner isn't extremely attached to the domain name and would be willing to sell it to you.
If the domain owner only appears to be holding it as an investment opportunity, this potentially gives you more room to negotiate.
A domain name can be purchased relatively cheaply, and the only chance the owner has to profit from this meager investment is to sell it.
If you can convince the domain owner that you are the best, or only, potential buyer of the domain name, you stand to get it at a fairly reasonable price. , Once you have contact information for the registered domain holder, craft an exploratory business letter expressing your interest in the domain and asking whether the holder would consider selling it.Write your letter in standard business format, and keep your language polite and professional.
If you have letterhead that includes a word or words in the domain that you want to buy, this may help reinforce your claim.
Your letter should be brief.
You don't need to provide any background information about yourself or your business, or why you are interested in the domain.
Simply state that you are interested in purchasing the domain name, and give the holder the lowest possible amount you are willing to pay based on your research.
Take care that the price isn't low enough to insult the holder and cause him or her to reject your offer outright.
However, you should assume the holder will reply with a higher number, so give yourself plenty of room to maneuver.
Sign your letter and provide your email address and phone number for the domain holder to get in contact with you. , Depending on how the domain holder responds to your initial foray, you may be able to resolve the domain name dispute between yourselves without filing a complaint or a lawsuit.You may want to introduce some urgency into the exchange.
Explain that you have a deadline, or that your boss wants the transaction completed quickly.
Neither of these may be true, but if it's nothing the holder could find out about, it shouldn't be any issue.
Keep in mind that it's possible the domain holder may come back at you with a ridiculously high amount that's far away from even the maximum you were willing to pay.
Stay firm, and provide a counter-offer not much higher than your original lowball.
If the domain holder wasn't at all interested in selling the domain, he or she wouldn't still be talking to you. , Have respect for the domain holder's business and his or her interests in the domain, approaching negotiations with caution but also with flexibility.While you never want to give up your range, or valuable information about exactly how important the domain is to you, there are still ways you can demonstrate flexibility to even the toughest negotiator.
For example, if the domain holder comes back with a number that's still far away from yours, you might say something like "I can see that we're still very far apart, but I believe we can find common ground." Consider giving the domain holder a false maximum, especially if you've already gone through a couple of rounds of negotiations.
For example, suppose you've offered $1,500, and the domain holder said he was willing to sell for $7,000.
After a couple rounds of negotiations, you've got him down to $6,000, and you're currently at $1,800.
If you tell the domain holder "I can go as high as $3,000, but that's the absolute most I have in my budget," he may be willing to come down to that level or close to it.
At this point, you may even be able to close the sale for under the $3,000 you set as your "ceiling," which is quite a boon to you if you budgeted $5,000 to purchase the domain.
About the Author
George Ferguson
Brings years of experience writing about cooking and related subjects.
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