tm name sold - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**kvarnsten** · 06-10-2004, 05:37 PM

I have recently been emailed from someone claiming to represent a company whoms "potential tm issued" domain name I just sold moments prior to the mail. Therefore they thought that I was the owner and when I replied that I no longer owned the name they wanted to know how the name was transferred (if it was sold etc).
I decided not to reply to this email but today some weeks later I got another one reminding me the " I hope you appreciate the serious nature of this matter and agree it is beneficial for all parties to openly share information regarding the domain."

Im thinking of replying to them with a request for them to verify who they are etc, but my question is; is it safe to admit that the domain was sold (if only at a $xx price) or will this pose a potential lawsuit risk as it could be claimed that I made money from their name. Is it better to claim that the domain were transferred for free as a favor or similar, with a risk that escrow would leak the information that it was sold (if such info ever let out btw)..

what is the best way of facing this email, or should I just ignore it again?

best,

Matt

**Rocket2Uranus** · 06-10-2004, 05:43 PM

I AM NOT A LAWYER...

... but I see nothing wrong with asking them for evidence of who they are and what their claim to the domain is before you give them any cooperation. If they are legit, the answer to your question would be different than if they are not.

**Acro** · 06-11-2004, 01:27 AM

Send them a message in Swedish telling them to piss off.

**dax** · 06-11-2004, 03:34 AM

Registration of TMed domain name with intent of selling is considered unlegal by the UDRP. You dont know if the buyer bought your domain with intention to develop it or to resell it again. So, the fact you sold it, doesn't affect the domain right now, cause its not yours any more, right?

Second, domain is not in your ownership any more, and you dont have anything to do with it, so my suggestion is to ignore them. Or you can just say that you sold it (domain speculation is permitted by the UDRP, specially if you were not aware of the TM in the moment of registration).

**dotNetKing** · 06-11-2004, 11:16 AM

Dax, I agree with most of what you say. Well put.

But just to be a little pedantic (

) doesn't UDRP consider it illegal to register a TMed name with intent of selling it *to the TM owner*?

For example, if someone manages to pick up apple.com when it drops, with the intention of selling it to an apple farm, that would be ok, wouldn't it?

**Acro** · 06-11-2004, 11:19 AM

Correct, see my reply at http://www.dnforum.com/f26/trademark-question-thread-56599.html

**freestyler** · 06-11-2004, 01:18 PM

Since name is sold, you should have no problem. (I am not a lawyer as well

**Acro** · 06-11-2004, 01:24 PM

Quote:

Originally Posted by freestyler

Since name is sold, you should have no problem. (I am not a lawyer as well

Unless the new owner is hit with a lawsuit - that's why it's good to have an idemnification clause in your sales agreement, signed by the domain buyer.

**dax** · 06-11-2004, 01:31 PM

dotNetKing wrote: "But just to be a little pedantic doesn't UDRP consider it illegal to register a TMed name with intent of selling it *to the TM owner*?
For example, if someone manages to pick up apple.com when it drops, with the intention of selling it to an apple farm, that would be ok, wouldn't it?"

1. Yep, thats what i said (Registration of TMed domain name with intent of selling is considered unlegal by the UDRP) - no matter you want to sell it to the TM owner or someone else.

2. Selling generic names like "apple" (regardless the TM) can be considered as a permitted domain speculation, but not if you registered it "only" to divert potential customers away from TM owner...

**kvarnsten** · 06-11-2004, 02:44 PM

thanks for all your answers

.. so you mean if the names werent aquired with the intention of selling them (which they actually werent), I should be pretty fine?

**kvarnsten** · 06-11-2004, 03:46 PM

Quote:

Originally Posted by timechange

Send them a message in Swedish telling them to piss off.

hehe yea.. or even "me no englis. ples swedish" =)
that may put most conversations on hold for a while =)

**nameslave** · 06-11-2004, 03:46 PM

To play safe, I would not recommend communicating with these "inquiring minds" any more. Having sold the domain doesn't necessarily mean that you are exempted from being named as one of the defendants in a potential court case; on the contrary, that you have sold the domain for a profit only makes things worse.

It may be wiser to simply ignore them. If they are for real, they should have their lawyers looking up the whois and find who owns the domain now, and go after the current registrant instead. In any case, you would be better off waiting for the court or UDRP document AND THEN to decide what to do next. Just make sure you do not provide them with any information that could be used against you in the future.

**Jeanco** · 06-11-2004, 10:11 PM

timechange can you post an example of the indemnification clause?

**Acro** · 06-11-2004, 10:21 PM

Quote:

Originally Posted by Jeanco

timechange can you post an example of the indemnification clause?

Something along the lines of:

The Purchasing Party hereby states that, by signing this agreement, said party will, in consideration of purchasing the Domain, agree to hold harmless the Selling Party for any future loss or damage arising out of the use or ownership of the Domain.

**Laird Mobi** · 06-12-2004, 07:48 AM

Just ignore them and let them bark up the wrong tree! Their lawyers will only look like baffoons when they realise your not the owner!

**Jeanco** · 06-12-2004, 09:52 AM

Thx timechange, nice to know.

**puravida** · 06-13-2004, 04:35 PM

Quote:

Originally Posted by timechange

Send them a message in Swedish telling them to piss off.

lol

**mike031** · 06-13-2004, 11:29 PM

i guess you have nothing to worry about anymore my friend... the domain is not under your ownership anymore so you are safe! whoever bought the domain can re-sell it at 10x pricing and the next owner, whoever is presently holding the domain will be liable when and if the actual trademark holder pursues this matter...

off topic but... this is kinda funny... i noticed "kodak.biz" dropping after 2 years of registration and afew days ago i snapped it... i took a huge risk and wanted to resell it quickly before anything pops up... i did some research and believe it or not the previous owner of the domain was being sued by kodak... kodak did win the case but oddly did not have the domain actually under its ownership at present time.... the owner was some japanese guy... hehe, so i said this is not really worth it, i deleted the domain and believe it or not somebody from the "ukraine" regged it and is now selling it on afternic... to make a long story short, people are always buying and selling anything and everything... whoever the big companies want to go after they probably could and would go after and no matter what

**jberryhill** · 06-14-2004, 09:48 AM

Quote:

the domain is not under your ownership anymore so you are safe!

While I have no opinion on the name at issue here, nor do I want to address the geographic locations of the parties, the quote above reflects a dangerous assumption.

I have seen several situations in which an aggrieved trademark claimaint has filed suit against both the original registrant and the person to whom the domain name was transferred by the original registrant. This puts the original registrant in a very tough situation, since they may remain liable for having registered and sold the domain name, but they have nothing with which to negotiate.

The use of an indemnification clause of some sort is highly advisable when transferring a domain name. Such an indemnification, of course, is only as valuable as the ability of the transferree to back it up, and the ability of the transferor to enforce it.

**mike031** · 06-14-2004, 09:57 AM

yes... the company will be like... hey, what the heck... lets sue them all! why? because they can! heh :(