ACQUISITIONS FAQs:

QUESTION: Another company beat us to a dot COM domain name. It appears they are using it in good faith. What now? Do we investigate their use? Do we buy the name?

ANSWER: Our expert team has handled thousands of IP acquisitions. Our results oriented approach, coupled with the backing of our Investigative division, helps you in many ways. We can handle the entire process from start to finish or provide a helping hand in any of these areas:

• Locate and verify the identity of a registrant
• Determine scope of use
• Craft the negotiation strategy and execute it through completion
• Provide purchase agreements
• Arrange for payment
• Facilitate transfer worldwide

QUESTION: There's a domain name we'd like to purchase but the registrant seems to live in Seoul, Korea. Can you help us purchase this name?

ANSWER: We've successfully negotiated for the purchase of domain names from sellers all around the world, including: Korea, China, Singapore, Philippines, Argentina, Brazil, Chile, Columbia, Australia and various European countries. So, yes, we’d be glad to help.

QUESTION: How long does it take for Marksmen to begin negotiations?

ANSWER: We will do our best to accommodate you and make every attempt to start each case within one business day of its receipt. Please note, if you are a new client (non-law firm), we will require you to sign our standard Letter of Engagement prior to proceeding.

QUESTION: How many hours does an acquisitions case typically take to complete?

ANSWER: A successful gTLD (.com/net/org) averages between 5-8 hours of billable time. Successful ccTLD cases (i.e., foreign extensions such as .co.uk or .de) as a rule takes a few hours longer due to the complication of dealing with language barriers, time-zone differences, and most notably differing Registry transfer processes for each country. Of course, the biggest factors are the seller's responsiveness and willingness to be agreeable during the entire process.

QUESTION: Can we place a cap on the amount of hours Marksmen works on an acquisition?

ANSWER: Certainly. However, if we successfully negotiate a deal, we will not be able to simply stop during the middle of a transaction if we reach the hour cap. We will keep you apprised of time we are billing and get permission from you prior to reaching the cap to exceed original estimates in order to achieve the transaction's completion if necessary.

QUESTION: How long in real time will a case take to complete?

ANSWER: This is impossible to predict prior to researching and contacting the seller initially. However, we have completed successful cases in as little as a few days, and upwards toward several months or longer. If there is a deadline involved, it is best that Marksmen is aware of the deadline from the start in order to negotiate appropriately with it in mind.

QUESTION: Does Marksmen provide updates during the case?

ANSWER: Yes, we will provide frequent updates throughout the case, particularly during the negotiation phase in order to keep you abreast of the offers and counter-offers being bandied back and forth between the parties. You can always contact us directly for an update as well.

QUESTION: If Marksmen successfully negotiates a deal, can Marksmen advance the purchase funds for the IP?

ANSWER: We will bill you later for our time, but we are unable to float funds for the actual purchase price of the IP we are acquiring. You are responsible for providing the purchase funds once a deal is reached with a seller (or sooner if possible).Ê We will not proceed with the transfer of the IP until we receive the purchase funds and they have cleared our bank account. Wiring funds or providing us with a retainer offers the quickest turnaround time and limits the risk of losing the IP while waiting on the funds to clear.

QUESTION: Do we need a purchase agreement signed between both parties?

ANSWER: Purchase agreements are always advised for trademarks and patent acquisitions. The use of a purchase agreement for a domain name is left to your discretion. Obviously it provides for better protection in securing the transaction but can slow the process down.

QUESTION: Can Marksmen provide the purchase agreement?

ANSWER: We have excellent templates of purchase agreements we have used successfully for domain names, trademarks and patents, which we will be happy to share with you. However, you or your outside counsel is responsible for the final agreement used in any transaction.

QUESTION: Is there a safe alternative to using a purchase agreement?

ANSWER: We always suggest the use of an escrow service to hold the IP until payment is made and/or rights are transferred, whether or not a purchase agreement is involved. But using only an escrow service (with no purchase agreement) will not involve the transfer of any peripheral IP rights outside what is being acquired. If this is not a crucial issue (particularly for domain name transactions) the transfer process tends to go very quickly when only escrow is involved to protect both parties. And naturally, we have an online escrow service in place for all of our IP negotiations.

QUESTION: Can Marksmen provide valuation of a domain name or trademark?

ANSWER: Yes. This is looking only at the potential of a domain name's value and not at other matrices. Typically this is a combination of about 5-10 hours due diligence on what similar names are being sold on after-market Web sites, review of the USPTO to determine others who in good faith can use the name, combined with a reckoning based on our experience of acquiring over 3,500 names. This service is billed at a flat rate.

QUESTION: We have already negotiated a deal for a domain name. Can Marksmen complete the transaction?

ANSWER: Certainly. Contact us and provide us with the details, and we will proceed accordingly. We have relationships in place with most major registrars and can facilitate a speedy transfer when that is possible.

QUESTION: What do your acquisitions cost?

ANSWER: We bill hourly for all acquisitions (plus disbursements). Please contact us for current rate sheets.

QUESTION: How do I order an acquisition from Marksmen?

ANSWER: If you are new to our site, complete this form with your contact information and for the service you require. You will then be set up as a client and can make future requests (and pick up your reports) through your online account.

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