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md at Many a Gem Ltd
12 October 2001 14:14pm
I have a business website with a .co.uk domain name increasingly advertised. The .com version is owned by a Korean gentleman who has obviously bought it for speculation purposes. I'm willing to negotiate purchase but can anyone suggest an escrow service, or other secure transfer method? Thanks, John Kerr
Managing Director at Box UK
12 October 2001 14:47pm
Hi John
Domain name transferrals can often be messy, particularly when the seller is an unknown quantity.
One Escrow service I have seen advertised in the past is from Solictors Sprecher Grier Halberstam LLP (http://www.weblaw.co.uk/trademark.htm) . Another is escrow.com (http://www.escrow.com/solutions/domain_name/index.asp). I have never used either of these, so it is definately worth investigating them fully before use.
Hope this helps.
On 14:14:50 12 October 2001 manyagem wrote:
>I have a business website with a .co.uk domain name
>increasingly advertised. The .com version is owned by a
>Korean gentleman who has obviously bought it for
>speculation purposes. I'm willing to negotiate purchase
>but can anyone suggest an escrow service, or other secure
>transfer method? Thanks, John Kerr
Partner at White & Case LLP
22 November 2001 18:38pm
Hi John
I have not used either of these methods but I have drafted many transfer arrangements for clients and my experience may help:
I have had a look at the escrow.com service and it looks pretty cost effective when compared to anything which a law firm can provide for you. (ie all lawyers are expensive)
Law firms do come in handy if the deal is complex - for example if the payment is in stages or to be made in part in stock.
Don't forget trademarks. Trademark holders have a strong position in relation to domain names under the ICANN dispute rules. Check on the web (for the UK see, http://webdb4.patent.gov.uk/tm/text). Remember it is not just identical trademarks but similar ones which matter.
Imagine the scenario when the vendor of a domain name is being chased by a trademark holder of a relevant trademark. They may sell the domain name to you for a profit only for you to lose the domain name to the trademark holder for a nominal fee! Try to get an assurance from the Vendor that he is not aware of any challenges to his ownership of the domain name.
Do let this thread know how you get on.
Many thanks
Ashley Winton
http://www.osborneclarke.com/people/partners.asp?ID=68
On 14:47:32 12 October 2001 ben10 wrote:
>Hi John
[snip]