From the Marksmen Case File: Mid-Fives


We usually feature a tale from the gumshoe side of Marksmen — redacted of course — but this one’s from the other side of the pillow.

The Marksmen Acquisitions Team — our IP go-getters, the unnamed, unashamed cadre of wheeler-dealers who can negotiate the chrome off a trailer hitch. Specifically, here, now: Domains baby.

CASE FILE: Mid-Fives and the Ghost Email

A major media conglom rang our bell looking for a property across the pond. No worries there, but the domain was an exact match for a generic word that happened to be our client’s well-know trademark. Always sticky, always pricey, and no exception here. The registrant’s website pegged it at a mid-five-fig.

We assured our client they’d remain out of the way and above the fray. Then fired off a charming initial query to establish pipeline. As expected, seller stuck to his guns — hokay baby, let’s tango. We countered, did the dance, little cha-cha, little chi-chi, danced some more, but to no avail. Mid-fives it is. Wrap it up.

Wait –that’s it?

Ahem. We knew one thing that Mr. Mid-fives most certainly did not: we were the carrot but our client had the stick — they immediately filed arbitration for the domain with the appropriate NIC. Whatwhat?

At that point we kicked it, couple of sips of green tea, eyed the clock, then checked the inbox. Wait for it… boom! A flabbergasted email from Mid-fives, aghast, simply aghast, because he’d earlier sent us an email agreeing to our last offer! Had we not received it?!

To be sure, though we already were, we checked with our stone cold IT Guru, who as predicted found no ghost email in our server logs. We let Mid-fives sweat for an hour before dropping the hammer on what he already knew. No email, jack.

There are moments when you just have to step back and give a guy credit for having cajones. Mid-fives immediately fired back “screen-shots” of the email accepting our last offer. Color us surprised.

Our ITG then busted out his digital bona fides, leaned close and discovered “inconsistencies” in the seller’s email header data. Hmmm. The plot didn’t just thicken it congealed.

Especially when our client snubbed what could’ve been the lower priced deal and pushed ahead with the arbitration. It was he said-she said from there. The seller claimed to have accepted the deal and insisted that we honor it. Our client stuck by what was right and just (US!) and our contention that no email had been sent.

The proceedings proceeded and Marksmen was asked to produce the email logs verifying that no email – ghost or otherwise – had been sent. This we did.

Drum roll and all rise!

Based on the proof that Marksmen provided, the NIC ruled that Mid-fives had acted in bad faith trying to sell a trademark-protected domain at an inflated price and transferred the domain to our client.

Chalk up a win for the good guys.

The Intellectual Property experts at Marksmen provide discreet, confidential and relentless IP (trademarkdomain name and patent) investigations, acquisitions, sales and enterprise domain name management services for all businesses, small and Fortune 500.  Contact us today to learn more about our services.