Freelancer May Have Bought the WF, But Did it Buy the Trademark?

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With the sale of the forum but USPTO registration still in Allen's name, we have a useful teaching point to consider when buying domains.

When buying a domain, especially one with a "name" that is an asset, make sure you include trademark rights in your purchase agreement and spell out rights the seller / buyer will have in the future.

You don't want to just buy a url. Buying a domain is just buying a domain. It is not a purchase of intellectual property rights. They are separate property rights.

Example: earlier this year I sold a domain to another lawyer, but did not sell the content, did not sell associated products, and although I also sold intellectual property rights to the name, the agreement carved out my right to keep selling existing products using the name of the site.

Although this can make a purchase agreement complicated, you do not want to buy a "valuable" domain only to find out you didn't buy the right to use the name of the site.

Keep in mind a trademark can exist, even if it is not registered.

Simply, LOL, you don't want to buy "warriorforum.com" but have to change the name of the site to "Acme Forum".

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#bought #buy #freelancer #trademark

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