David Castello, pointed out to me today an update on a story we wrote about a back in October, about a Steven Thiele, a body builder, who registered a several domains of Indian tribes in Florida; miccosukeetribeofindians.com, miccosukeetribeofindiansofflorida.com and a domain named after tribe chairman Billy Cypress, billycypress.com.
In the October story, we pointed out that the domain holder was offered and turned down $100,000, insisting he wanted $500,000 for the domains. At the time we questioned the wisdom of turning down $100K domains, he would likely lose in a court action or a URDP.
On December 23, a Miami federal court found the domain holder liable for cyber-piracy and trademark dilution, ordered the domains transferred to the Tribe and further ordered that the trademark holder pay $3,000 in damages plus the tribe’s attorney’s fees (that folks will be a LOT more than $3K).
David in sending me the story today and entitling it “know When to Hold & Know When to Fold”, asked:
Remember when the tribe offered him 100K?
Sure we do David, and as we both said at the time, the guy should have taken the $100K and ran.
But David also points out the bigger question that, If you wind up with thousands of domains, at somepoint your going to be faced with a domain dispute and your going to have to know when to fight and when to settle.
Not all domain disputes are cut and dry.
Not all domain disputes are the bang on losers we write about frequently (including this one).
If the case is in Federal Court, ultimately you will have to weight the costs of the fight, your attorney fees, their attorney fees, (budget $25K per side minimum up to $100K) the value of the domain, against the offer on the table.
Sometimes you will have to fight, spend the money to keep your property.
But sometimes the offer on the table makes the fight a needless expenditure of funds.
And if you are ever in the situation where your offered a some cash, especially a sizeable sum, for a domain you have a very good chance of losing, for god sake, use some common sense and take the money.