Asked in Intellectual Property, Trademark and Internet Law for New York

Q: Trademark issue from previous owner?

I did a deal to buy an website, the owner of the website, agreed to sell me the full website with the trademark, however after I sent all the money, he just sent me the domain name, and he decided not to follow with our agreement. He is currently keeping the trademark and ask me a crazy amount of money for the trademark...

The trademark is registered outside the US. And he also did a copy of his website in a new domain with the same name. So can the previous owner damage me or my website since he still have the trademark registration even if my website is different? Can I still register the trademark in the US? Will that help me?

Please advice.

1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
  • Trademarks Lawyer
  • Dallas, TX

A: Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.

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