Legal Question in Intellectual Property in California
In California, are there special rules or laws related to the sale of a domain name? We have owned a domain name for 3 years and have an interested seller. The name is not trademarked and does not infringe on any trademarks that we are aware of. What should we be wary of or look out for in the sale?
3 Answers from Attorneys
As far as I know, the laws are Federal, not California, and deal with cybersquatting and cyberpiracy. The former is the practice of registering domain names that imply a well-know company or trademark with the intent of blocking use and/or charging ransom to turn over the site - e.g., "cocacoladeguatemala.com" and the latter is registering a name that is deceptively close to a major firm's site name so that shoppers looking for the major firm get you instead, and maybe you get the sale.
I think you mean you have an interested buyer, not seller?
If you registered the name with a genuine intent to use it yourself, and not to resell it for a high price based on someone else "needing" it for their established business, you are not cybersquatting. It is helpful here that you apparently were not out there marketing the name, but instead were approached by the buyer.
In addition to what the other attorney said, be sure you get paid (and the payment clears) before you transfer the domain. Once it's done, you won't be able to reverse.
In addition to the other answers, any franchise attorney will say you should make sure the domain name doesn't infringe on some other party's rights. You need to check not only domain names but also trademark registrations and common law usage. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC