-------------------------------------------------------------------------------- I'm an SEO and got into a unique situation, and need to know my rights: I bought domain, hosted, built a site, and did SEO for a start-up and friend, in return for xxx/sell. Lets call the site "www.coffeecups.com." I have a contract that states either party can cancel with a notice and that the start-up has the right to buy back the website from me at fair market value. From my pure SEO (excellent rankings) the company is taking off and the new investors and others are looking to squeeze me out, whether they understand the value of SEO or not, I don't know. I used the profits I got to start my own company which will be a competitor Since "www.coffeecups.com" has steller rankings, I want to tell the start-up to piss off, and forward coffeecups.com to my new domain. Since coffeecups.com has a trade name (not registered) can they take back the domain anytime they want? Will I get in legal hotwater if I forward coffeecups.com to my new domain, being that it is a competitor? Should I give them a notice, and tell them the buying price? What if they don't want to pay? Do I use the coffeecups.com until they pay? The contract states they can buy the site back at fair market value. How I determine value? Buy hours logged? I have several options, in preference: a) give them notice, forward coffeecups.com to my domain for the traffic b) sell the site back a high price c) rip the seo and strength out of the site, let it sit, or be forced to give it back
Yes Certainly As they have the trademark, you have to surrender your domain to them - no bargaining or selling All these are cleared above Good luck. Toniya
There isn't necessarily enough details here to assume if the party in question has a trademark or not. For all we know, the party is using the domain name strictly for SEO to promote their intended product/service, which might have a different word or so. The "simple" answer to the OP's query is to talk to a lawyer with real-world experience dealing with this. There are certain facts that might be relevant, namely the terms of the contract.
The domain name is the product name, not the company name. The word that the company has registered is only half the product name or half the domain name. example: domain could be "www.easydoormats.com" - product is easydoor mats - their registered product name is easydoor