Like nearly any piece of property or other asset, almost all domain names are technically for sale for the right price. There aren’t many domain owners who would pass up on a high seven figure cash offer for a domain name, with the exception of developed businesses or very few exceptional domain names. If you sincerely have the ability to pass up on a $5,000,000 for a domain name, I congratulate you, and you can probably stop reading this post and go back to your bottle of 1926 Macallan.
For those of you who have more of a Budweiser taste, please continue.
The problem I see is the way some UDRP proceedings have gone recently, where domain owners can potentially be penalized if they receive an offer and attempt to negotiate a better deal. It seems that some UDRP panels consider an owner’s contemplation of selling a domain name a sign of bad faith. This is dangerous for domain owners, and I know it causes many people to think twice whenever an offer or solicitation is received. Just about everything in this world has some sort of price, and simply because a person would consider selling a possession doesn’t mean that they owned the possession for the sole purpose of selling it.
That said, I think domain owners might be well suited to respond to certain domain email inquiries and offers with an agreement to waive the right to file a UDRP or lawsuit if anything about the domain name is discussed. The person making the inquiry or offer would have to waive his rights to any future legal action before ANY discussion about the name can take place. Any person who is interested in buying the name should be willing to sign, and if someone isn’t willing to sign, it probably means they have ulterior motives, or perhaps they are just kicking the tires.
I am not an attorney, so this isn’t a legal opinion, but the point of this post is to discuss the question of whether this type of agreement would protect domain owners and if it would be a legally binding agreement. Since most domain owners would be willing to sell names in their portfolio for a price (even though that price could be sky high), it might be something worth considering before future negotiations.