Have you ever just wanted to be a fly on the wall?
Recently Ashely.com was acquired for an undisclosed sum. But how it was first attempted to be acquired may surprise you.
Imagine, a meeting between board members of Ashley Furniture Industries, Inc. The subject: the failure to acquire an internet domain name (Ashley.com) using the UDRP (Claim Number: FA0811001235335). Did they ponder, “Now where do we go,” or perhaps, “How much did this lawyer cost us again?” Meanwhile, what digital media strategies did they employ outside of litigation? More importantly, where were the digital media or domain management advisors? Did they even invest in such job positions? Or was this something that seemed like, at the time, a viable low cost solution to acquiring a name that to them was premium to future digital marketing strategies?
Here’s a key formula: Garbage in = Garbage out
If you want to litigate, then litigate. But the courts may not look kindly on taking up their time with matters of business. That is, do what businesses do best, negotiate!
Negotiation always trumps litigation.
That’s why so many courts would rather parties mediate as an alternative to wasting their (the courts) time. So unless its a slam dunk trademark infringement matter, your business may want to consider stealth acquisition for the domain name, or just go ahead and make a decent offer. You never know what happens when you just take a moment to contact someone with your interests.
But it doesn’t end there.
Imagine, the owner of the domain that just spent money defending her intellectual property. Surely, the domain had a price or perhaps a range in which they would have considered selling. Now, consider how much that price just went up after discovering the plaintiff in this UDRP action was Ashley Furniture Industries, Inc. Do you think the price went up a little? I’d bet it did.
Happy Domaining <[_]