Of course the only ethical thing to do would be to inform sedo about tm issues, cancel negotiations and give the name to TM holder...
Ethical / unethical you'd still be a dick if you sold the name knowing it has the baggage. You could be shooting yourself in the foot twice.
OTOH...how generic is the name, how are you using it, how long have they been around, etc....If it's a generic name how about the name then?..
Has it occurred to anyone that the one making the offer on Sedo is the same outfit that has the TM issues with the name?..
Yes, but I cant be sure, and I dont wont to put someone in trouble, so I send message to sedo and ask them to notify buyer about problem and cancel transaction...
Just out of curiosity,.
What is the registration date of the trademark?.
When was the domain first registered?.
How long have you owned the domain?.
If the domain is older than the trademark, did the company used that name for their product prior to their federal trademark registration? Prior to the domain registration date?..
First of all - i'm not a domain squatter, I dont exploit TM'ed domains.
But as ssamriga says, 'give' the domain to the TM holder is something I'd never do.
You didn't know the name was TM'ed when you acquired it..
You paid for it (regfee or aftermarket) - a TM holder should pay for a name, even if they have a trademark on it. They cant get it for free at a registrar either.
I'd just sell the name at sedo. If the productname is generic as you say, chances are the tm holder wont even get it at a WIPO case. The buyer should know about the trademark and therefor it's his responsibility.
If you feel bad about it, counter-offer to the buyer $1 more with a note attached about the trademark, that way he can decide to cancel or buy it anyway...
Thank you for your comments.
As I said, I TOUGHT product is generic when I registered it, but company have clear TM on that product, and trademark is older then domain name...
You can't counter with $1 at sedo.
I must say that I got some letters from lawyers and sometimes they offered reg fee back..
Toilet Monster, so how many wipo cases you had?..
You CAN counter $1 higher at sedo.. I mean $1 higher than their initial offer.
I've had no WIPO claimes, but I've sold a couple TMed domains to TM holders before..
Filing a WIPO case costs like $1500, so if you price your name mid-high $xxx a TM holder will grab it anyway, unless they're really big..