Domain Manage

Buying a domain from bankrupt company

Discussion in 'Business Discussions' started by peacock, Apr 27, 2011.

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  1. peacock Sweden

    peacock Active Member

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    Thinking of buying a domain name associated with a company that has gone into liquidation.

    The domain was not part of the companies estate so this would not be bought from the liquidators.

    However I am wondering if there is anything to watch out for if I want to use the brand name for a new website (related / same industry as the bankrupt company). Maybe I need to buy the intellectual property from the liquidator ?
    There is no patent, trademark or anything like that, it's just the company was trading for 10 years online so there is still some brand recognition / search volume for it.

    Thanks in advance !

    Rob
     
  2. Domain Forum

    Acorn Domains Elite Member

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  3. amfletchers United Kingdom

    amfletchers Active Member

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    Rob,

    Check with the liquidators what they are selling. If they are trying to sell the brand name I'd either buy the rights to the brand name or keep away from this. Using a brand name that someone else has bought the rights to wouldn't be cool.
     
  4. boozt

    boozt Member

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    Could you 301 it to another site?

    I assume nobody could have a problem with that, but could be wrong ?
     
  5. peacock Sweden

    peacock Active Member

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    I am making enquiries with the liquidators.... Might scupper the whole plan. Shame as it's a nice old domain with some good backlinks.

    Not sure how they will value the brand name - and if they are open to offers or what ?
     
  6. wb United Kingdom

    wb Well-Known Member

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    I'm not an expert, but I'm not sure how the domain wouldn't be part of the company's assets regardless of who the registrant is as I imagine there will be goodwill attached to it.

    If it's a brand name rather than generic then it doesn't sound like the person selling it will have the rights to sell the trading name. There will probably be registered or unregistered trade mark rights associated with the company name, which will not be included with just the domain.
     
  7. aZooZa

    aZooZa Well-Known Member Exclusive Member

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    I agree. It's a company asset that's really controlled by the liquidator. To acquire it you'd need to contact them. Liquidators and trustees are getting wise to domain names being controlled by individuals on behalf of companies using them, and subsequent personal sales after the demise of the company/entity.

    I wouldn't risk it. If yours is the only offer they are very likely to accept it. And it could be a low offer.

    Just my 2p.
     
  8. peacock Sweden

    peacock Active Member

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    Thanks for the replies so far.
    Domain is 5Grand and the brand rights are 2Grand.

    Need to way it up, but I might just take the domain for the 301 and leave the brand to die.
     
  9. wb United Kingdom

    wb Well-Known Member

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    Hmm, not sure on this but if someone bought the brand rights they may be able to get the domain off you through DRS? (i.e. they would have rights and could say you owning it is 'abusive' as a reputation has been built on the domain?)
     
  10. woopwoop United States

    woopwoop Well-Known Member

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    I was thinking the same thing, but I guess if the domain could be used in another field I guess it could be safe/untouchable if sold to another party.
     
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