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Domain summit 2024

Are sellers forced to disclose a TM exists on a domain ?

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BLazeD

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There are plenty of tm domains in use, with ranking websites, so why have these not been wrist slapped? Answer, because they compliment the tm business and are not riding the tm to simply make a quick buck. tm doesnt always mean law suit, its how you use the domain that determines your fate.

In answer to your q, its up to the buyer to do the necassary research and then use the dn in a non-conflicting way. YOU JUST OWN IT, SO SELL IT!

What this guy said.

Also TM's apply to different classes of goods/services and several different companies could have a TM for "XYZ". Should the seller disclose them all? How did the 2nd, 3rd, 4th companies get a TM for "XYZ" after the first one? Could the domain owner get a TM for it somehow?

In other words you would need a IP lawyer to properly disclose relevant TMs that could POTENTIALLY result in claims. If you are a buyer you can engage a lawyer or do you own research. No way should the seller be required to, and then what? Most transactions done for domains are without a contract and with buyer and seller in different countries, and different legal systems.

Stupid.
 
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