Buying a domain from bankrupt company

[peacock]

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

 

[boozt]

Could you 301 it to another site?

I assume nobody could have a problem with that, but could be wrong ?

 

[peacock]

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 ?

 

[wb]

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.

 

[aZooZa]

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.

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.

 

[peacock]

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.

 

[wb]

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.

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?)

 

[woopwoop]

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?)

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.