Won the TM suit, now selling domain yrs later

[domaingirl1]

I self defended and won a TM domain lawsuit and since then received numerous offers to sell but politely declined. I love my .com domain and it has served its purpose. Now years later I'm thinking I want to sell but would prefer to sell to someone who will use it (like I did) for something other than the small TM it has on the domain.

I just need to disclose to the bidder that it has a TM on it right?

 

[TT]

Welcome to the forum,

A successful tm defense is not grandfathered from original defender to a new owner, As a new owner may infact use it in such a way that infringes upons TM

So your disclaimer may not be enough.

***This is only my opinion but I own a few TM's and I too have successfully defended them and won some infringing domains, so only take my opinon for what its worth***

 

[Mark]

Yes , Just disclose what you have here. IMO

Maybe make a point to tell them that if they change the usage of the domain they are on their own - and get it in writing.

 

[awegrzyn]

If you sell it, you sell it. Period.

 

[flamewalker]

Like others have said, just telling them about the tm won't protect them. The old owner can conceivably go after the new owner as well, and may win. IMHO make sure the disclaimer is clear and precise about what the tm is for. As long as they stay away from tm'ed use, imho, they will be fine.

I also have a tm'ed name (for a very specific service use), so conceivably if I were to sell it, I would spell out exactly what the tm is, and give them as much info as I can about the previous use so they can make not only an informed decision, but also help them stay out of trouble as well.

Clarity is the word of the day