How can we resell a website domain
The domain as an address on the Internet is the flagship of companies. For Internet companies in particular, the domain represents a great economic value that can in principle be traded. Here you can find out how you can sell a domain and what you need to consider.
What is a domain?
When it comes to the question of how a domain can be sold, the first thing to do is clarify what is actually going to be sold.
The domain himself provides just the fundamental address and is initially independent of the content shown. As a rule, they are traded Second level domains, so the connection of one Word or another string followed by a Top-level domain, like the ending .de or .com. The Owner rights to the respective domain. Some of these can be very valuable, especially when it comes to generic domains, such as auto.de.
However, depending on the situation, a Website including domain transferred or sold. Then the domain on the one hand and the software for operating the website on the other must be transferred.
After all, it can also be that a Brand including domain should be transferred. Then the trademark transfer is usually the more decisive business, since a domain can only be used without a license from the trademark owner if the trademark is not infringed in the process.
When a Companiescompletely is transferred, this can also include the domain and under certain circumstances, for example with online retailers, even be one of the value-creating factors.
In this article we will now discuss the simplest case, that is, the isolated one Transfer of the domain.
How can I sell a domain?
Ownership of a domain is like most rights in principle transferable. However, there are some technical and legal hurdles to be aware of. First, from the buyer's point of view, it must be checked whether the Domain by third party rights is burdened, for example, whether trademark rights or company names are in conflict with the domain. These Due diligence can also offer itself to the seller, if he is ready, appropriate Guarantees to be given at the time of sale.
It must also be noted that apparently lucrative mix-up addresses usually do not represent ideal commercial goods. Because according to the case law of the Federal Court of Justice (BGH), a confusable domain the user ensures that that the user immediately recognizes that he is not on the website landed what he was looking for.
For the reasons mentioned, in particular those of trademark law, it is therefore advisable to use a extensive trademark research by a lawyer. Otherwise you run the risk of buying a domain that you are not allowed to use later due to conflicting trademark rights. From the seller's point of view, it is therefore advisable to have a corresponding one Disclaimer of liability to be contractually stipulated in order not to be used by the buyer.
The contract can then in principle form-free be completed. However, it should be the written form get noticed. This allows both parties clarity about which assets are to be transferred specifically and at what price.
After the purchase, the domain must be "handed over". There is at least one for this Description of ownership required. However, the buyer of the domain may also want to transfer the domain to another provider. Then this one has to Change of provider in turn can be requested from the providers. Here it is advisable to record in the sales contract which party has to deal with which of these obligations.
Where can I sell a domain?
Selling a domain can take place on different Trading platforms respectively. It is also conceivable to publish the intention to sell on the domain to be sold itself. From a legal point of view there is no specifications. However, it should be noted that with most Platforms appropriate for a sale Commissions become due.
Immediate help from the lawyer
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How WBS can help you
In summary, it can be said that the Trading in domains does not directly affect trademark law is subject to, but it is advisable to consult a lawyer in a domain deal, since in certain circumstances the use the domain Prohibited under trademark law is.
A specialist lawyer for commercial legal protection is able to assess whether and to what extent there are concerns about trademark law against the use of a domain. This is how you can prevent the expensive acquisition of a useless domain.
Call us at 0221/951 563 0 (advice nationwide) at.
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