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It's a difficult dance when a prospective buyer inquires and asks for the price of a domain. It can put the domain owner in legal peril.
Even if the domain is generic, quoting a price opens the seller to accusations of "bad faith;" panelists and courts do not always appreciate the rights of small entities to own and sell generic domains. Nor do jurists or arbitrators always conclude that the seller was merely "answering" an offer and not "making" an offer.
So, how about creating a boilerplate waiver which waives trademark rights, arbitration actions, and any and all legal claims and insulates the domain owner? The entity making the inquiry needs to sign it FIRST before any discussions can take place.
The waiver should allow for the fact that prospective buyer organizations often use straw persons to inquire: their hosts, their web designers, etc.. The waiver should also allows for the fact that domain owners often operate under different DBAs.
As a public service for DNFers, would any of our legal eagles here care to fashion and post such a boilerplate waiver?
Even if the domain is generic, quoting a price opens the seller to accusations of "bad faith;" panelists and courts do not always appreciate the rights of small entities to own and sell generic domains. Nor do jurists or arbitrators always conclude that the seller was merely "answering" an offer and not "making" an offer.
So, how about creating a boilerplate waiver which waives trademark rights, arbitration actions, and any and all legal claims and insulates the domain owner? The entity making the inquiry needs to sign it FIRST before any discussions can take place.
The waiver should allow for the fact that prospective buyer organizations often use straw persons to inquire: their hosts, their web designers, etc.. The waiver should also allows for the fact that domain owners often operate under different DBAs.
As a public service for DNFers, would any of our legal eagles here care to fashion and post such a boilerplate waiver?