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Hi there,.

I have sold 1 domain (< mid xxx) to an enduser about 3 weeks ago and now I have "successfully upsold" him 7 more domains, all 7 domains are super generic terms related to travel (4 are indian .co.in domains and 3 are .com domains), we agreed on very low $x.xxx for the package, I was about to start pushing the domains into his account when I received this message: I searched for US trademarks here: http://tess2.uspto.gov/bin/gate.exe?...010:4j92bm.1.1 and there is no live trademark currently for all 8 domains (one gets close though but still safe IMO something like "Hotel Budget" as TM but my domain is something like BudgetHotel.ext), however the buyer is from India and as you might know there had been some strange decisions in the past by the registry and I have problems with finding live trademarks in india (how do I research them here without knowing the /img/avatar8.jpg of the trademark?? https://www.ipindiaonline.gov.in/ere...eregister.aspx.

Is there anything else I can do to make sure there is currently no issues with owning these domains?.

I was about to reply with something like this upon 100% being sure:.

I can guarantee that as of today there is no live trademark for any of these 8 domains to my best knowledge but I can not make any guarantees for the future.

Let me know your thoughts, it's the first time a buyer asks something like this from me and I really don't feel like jeopardizing anything for very low $x.xxx only...

What you think?.

Thanks..

Comments (14)

I would say they are full of shit, I particularly like this line though: What happened to them doing their own damn due diligence since they know their own country and it's trademarks?.

Looks like they are trying to cover their ass before they try to go to the company in question and try to sell it to them, if they succeed then they get profit, if they f**k it up you get the shaft.

*This is not an answer from a legal standpoint....

Comment #1

Infringement isn't just about the domain itself, it's the usage. What happens if they USE that "iffy" domain in a way that infringes on the mark holder? If your example's on the money, it wouldn't be hard to do.

Wa-a-a-y too many gray areas!!!! I'd run this past a lawyer before agreeing to any of that. Or just say "no deal." Very, very possible...

Comment #2

?!?.

Personally, I will break the deal.

Try to get more educated advice about indian TMs here inforum.in..

Comment #3

Thanks guys ,.

I keep on running into weird enduser situations all the time LOL,.

I replied now that I will not agree on any of this and make no guarantees whatsoever and they should do their own research, and after they have done their research they may contact me again about their decision to buy the names as is without any guarantees or if they want to cancel the deal...

Comment #4

Totally agree with all the above, it's the buyer's duty to do their own due diligence!...

Comment #5

The buyer is full of crap. You can not give any guarantees about things that might happen in the future that are outside your control...

Comment #6

Here would be my response.

"While I appreciate the need for you to be protective in a deal. I have to ask who gave you the advice to make that list?.

1. Trademarks are based on usage. I can't say how you'll use the domain nor if any company would claim infringement. There is absoluately no way I can guarantee that. As of today I've not recieved any legal notices from these domains.

2. If someone can prove such with a valid claim I'll be happy to refund you upon the return of the domain to me. Then I'll deal with the liar myself. No one has claim to this domain but me.

3. See my first response. If I agree or disagree that wouldn't stop you from suing me anyways. So there is no real response to this. If it makes you feel better. Yes, you can sue me if you're not happy.

I'd like to continue this deal. I've done many deals in the past without problems. As with all deals there is a risk and any contract or agreement we make won't really protect either of us. Please let me know how you want to proceed."..

Comment #7

If you agreed the deal and got payment it is too late for them to add conditions.

Are you sure they have not got cold feet and are not just using this as a ploy to get you to cancel?..

Comment #8

Reply that in case of any success you want to get paid accordingly for lost profits..

You sold them some domains, it's up to them how to use them...

Comment #9

I agree with Sparhawke's suspicions about the buyer's motivations here.

While it would be fine for you to offer a statement concerning your knowledge, a perpetual worldwide absolute warranty is typically not something to which anyone would agree under any circumstances.

These people are buying the names. Securing their right to use the names is normally their burden...

Comment #10

I appreciate all your feedback guys,.

I have yet to hear back from the potential buyer...

Honestly I don't mind if the sale falls thru, I feel that for the 4 .co.in's he is getting a too good deal anyhow, IMO these will be worth a lot more to the "right" buyer...

Comment #11

If they are buying it then they need to research them self...

Comment #12

Be careful Toni. They dont sound like "good people" Refund with interest is the worst part. Let them do the research! If they want the domains, they will buy the domains!..

Comment #13

Smart decision Toni. With me, I don't play the risky game with those buyer ....

Comment #14


This question was taken from a support group/message board and re-posted here so others can learn from it.

 

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