question Escrow.com Domain Name Holding Purchase UDRP

[john888]

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.

 

[creataweb]

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

 

[forge]

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.

 

[lambo.com]

You are, the seller.

 

[john888]

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.

 

[forge]

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 (+/-).

 

[Brandon Abbey]

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.

 

[lambo.com]

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.

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?

 

[john888]

Thanks. I will have to add a UDRP defense tax to each of my sales. Life is complicated.

 

[Recons.Com]

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.

 

[lambo.com]

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.

 

[john888]

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

 

[MadAboutDomains]

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

 

[hookbox]

.

 

[hookbox]

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.

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.

 

[trelgor]

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.