trademark Domain seller with dead exact .com trademark. Is it safe to buy?

[stakal]

I would like to ask if there would be an issue if I buy a .com that the current seller had registered a trademark with the exact domain. The trademark is dead for over 5 years now.

Lets say the domain example.com is for sale and the current owner had filed for a trademark for "example.com". The trademark is dead now and not in use. Is it safe to buy or there will be future issues from the owner you are buying the domain?

What is your opinion?

 

[jberryhill]

Why not simply address the issue in your purchase agreement?

 

[stakal]

Thank you @jberryhill for your reply!

So, it will be stated on the purchase agreement that the seller warrants to the buyer that the seller will never revive previously registered trademarks regarding this domain name in the future.

 

[jberryhill]

That would be one thing you could do.

Absent knowing the domain name or what, if anything, the owner was using it for as a mark, it is hard to say what might be appropriate.

if someone sells you a domain name, it is fairly implied that you intend to use the domain name for something. It would be a little odd for me to sell you a house and then complain if you moved into that house to live there.

Another possibility is to have the seller assign you any goodwill and rights they own in any mark corresponding to the domain name and agree to discontinue use of the mark in any form in connection with any goods or services whatsoever.

But what may or may not be appropriate depends on the specific facts of your situation.