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Escrow.com Domain Name Holding Purchase UDRP

Labeled as question in Legal Discussion started by john888, Sep 14, 2018 at 2:45 AM.

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  1. john888

    john888 Established Member

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    I have a buyer wanting to purchase with 2 payments. 1st payment on startup of contract and 2nd final payment 12 months later. My question, is buyer, seller or Escrow liable for the domain if a UDRP is filed for the domain name? Thanks for any advise.
     
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  2. creataweb

    creataweb Top Member VIP ★★★★★★★★★★

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    I'm sure you still own the domain until the final dollar is paid.
     
  3. forge

    forge shark week VIP

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    Question #1: Is a UDRP pending or anticipated?

    Otherwise, my belief is that registered owner at time of UDRP filing would be the only liable party. Escrow has no liability ever AFAIK. My 2p.
     
  4. MarketingStrategies.com

    MarketingStrategies.com Upgraded Member Gold Account VIP

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  5. john888

    john888 Established Member

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    Not pending or anticipated, but a trademark has popped up a couple of months back. A quick sale would be best for me, but buyer has cash flow problems. Wouldn't whois show Escrow.com the owner? Escrow.com takes responsibility of domain name renewal.
     
  6. forge

    forge shark week VIP

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    RP = Resolution Policy. It's for resolving disputes, it's not a legal process AFAIK although certainly could be upheld in a court of law. "Liability" therefore for parties other than the domain registrant would not apply.

    A domain lawyer could verify this (+/-).
     
  7. Brandon Abbey

    Brandon Abbey Secure Transactions - PayoneerEscrow.com Payoneer Staff PRO ICA Member VIP ★★★★★★★★★★

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    Seller, per the terms of the escrow agreement, is responsible for defending the UDRP, unless otherwise specified. This may have changed since I was there, escrow.com can confirm.
     
  8. MarketingStrategies.com

    MarketingStrategies.com Upgraded Member Gold Account VIP

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    A trademark alone is not a claim to a corresponding .com domain. If you have not acted in bad faith or infringed on IP, don't sweat it. It's your domain so pump out your chest and be aggressive should anyone try to make a coup on your digital asset.

    No reason to suspect it will happen, right?
     
  9. john888

    john888 Established Member

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    Thanks. I will have to add a UDRP defense tax to each of my sales. Life is complicated.:xf.smile:
     
  10. Recons.Com

    Recons.Com Active Member VIP

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    If you already owned the name at the time of tm that "popped up" and you are the owner until the final payment is made, you shouldn't worry, as you couldn't in theory registered the name in bad faith.

    The new owner, after he takes the ownership, might have issues, depending on how generic the name is, his use of it, etc.

    The only thing you should probably watch for is that his usage while in escrow does not violate the trademark of the other party in the market/region/niche it is registered and reasonably known in.
     
  11. MarketingStrategies.com

    MarketingStrategies.com Upgraded Member Gold Account VIP

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    If anything, you can make this a moment of pride. You saw value in this brand/domain and it has subsequently been corroborated.

    This has increased the value of your domain. I think I know what the name is. If it was mine, mid 5 figures now.
     
  12. john888

    john888 Established Member

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    5 figures. Not this one. Thanks for your advise.
     
  13. MadAboutDomains

    MadAboutDomains Established Member ★★★★★★★★★★

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    Don't transfer them the name until they have paid in full?
     
  14. hookbox

    hookbox Active Member VIP

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  15. hookbox

    hookbox Active Member VIP

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    Have you done research trying to find a link between the buyer and the trademark? If they filed it then don't worry about it. I wouldn't ask them though because if they weren't the ones that filed then you could open up a can of worms and possibly kill the deal.
     
  16. trelgor

    trelgor Established Member

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    Have the deal say they change the NS after 50% payment, and that you can cancel if they don’t. That might increase your odds. And try to have them finalize sooner.
     

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