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Have you ever sold a trademark+domain name?

Labeled as question in Legal Discussion, started by koolishman, Feb 21, 2020

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  1. koolishman

    koolishman Upgraded Member Blue Account

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    Like you bought a domain name and the held the trademark for that word, and then sold it successfully to an end user?
     
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  2. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    yea but not a full on trademark but an unregistered trademark. which I think is more common. The trick is to sell for an amount below what it would cost for the TM holder to hire a lawyer to sue you. around $2000-$3500

    I sold mine at $1000 in under 4 months.
     
  3. koolishman

    koolishman Upgraded Member Blue Account

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    Unregistered as in " open to legal challenge"? Registered and legit trademarks cannot be sued like what you say.
     
  4. biggie

    biggie Top Contributor VIP ★★★★★★★★★★

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    sold a typo of a tm for 5 figs, to another domainer years ago

    but also, had to give a few names back to the "claimants".

    nowadays, it's not worth it

    imo...
     
  5. WhoaDomain.com

    WhoaDomain.com WhoaDomain.com VIP Gold Account

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    I did not mean. The domainer sues the TM holder. other way around. The cost for a TM holder to hire a lawyer is around about $2000-$5000 and there's still a chance Domainer can win. maybe.....

    but if a domainer prices his domain under the cost above. which do you think the TM holder will choose?

    I mean in my case unregistered trademark holder's own lawyer asked out loud.

    "why did this guy bother hiring me? I'll let him know your price is cheaper than hiring me to go after you for the domain you are selling. What a waste of time"

    Apparently, the lawyer contacting me was pro bono. He was pissed he went out of his way to threaten me. write up a letter send it postal mail and then email me.

    That's his time waste. I don't think he got paid at that point. well maybe $100-$250 but not the full $2500 or $5000.

    In this case the lawyer took my side and helped me make the sale.

    understand now?

    now this situation is not always the case. I'm sure there are crazy TM holders out there that would rather spend the extra money to make an example of you. and the lawyer can convince them it won't cost them a dime because the cost would transfer over to you the TM infringer.

    If the TM holder has more money than they know what to do with. then you are in trouble.

    Anything like this is possible.

    seems reasonable that it would.

    but I think most TM holder or unregistered TM holders see the cost savings with just agreeing to pay the $2000 or $1000.

    My situation the unregistered TM holder made me sign an agreement that I would no longer register domains related to anything with their business in the future and if I did I had to surrender them.

    I just wanted it over so I agreed.

    Of course I have family member all around the world that I've shown domaining to. The agreement does not apply to them. lol

    My mistake was contacting the TM holder/unregistered TM holder.

    note to self. Don't contact enduser if there is a chance I am infringing on their TM. let them come to me.
     
  6. Matt Morgan

    Matt Morgan Established Member

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    Hiya, be cautious to contact a potential 'end user' to sell them a domain, whom legally is the trademark owner of this particular word/ domain which you own, and wish to sell to them.
     
  7. koolishman

    koolishman Upgraded Member Blue Account

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    This is a registered trademark and related ccltd domain. No infringement legally. Vetted by lawyers.
     
  8. Matt Morgan

    Matt Morgan Established Member

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    ahh ok, then good luck Koolishman :xf.smile:
     

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