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MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6128
Experience:  Experience in business law, contract law and related matters.
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My name is ***** *****, I have been selling Kinkade art

Customer Question

Customer: My name is ***** *****, I have been selling Thomas Kinkade art for 11 years in my brick and mortar store and my website www.thomaskinkadeonline.com. 6 months ago, I was forced to sign a "dealer agreement" with the Thomas Kinkade Company in order to continue to sell their product which I was dependent on for survival of my business. Yesterday, I received a letter stating the Thomas Kinkade Company wants to go corporate and I have 30 days left to sell after which, I must cease using my domain name and I am obligated to assign this domain to the company. This announcement completely surprised me and I have worked 11 years with this domain name, built it up to a very successful online business and have customers who have even favorited this site for purchasing later. Now I have to transfer it to them, allowing them to transfer it to their website www.thomaskinkade.com so they can profit off all my hard work? No way. Problem is, I signed an agreement to do this and it's in the agreement I'm obligated to do this. But it's an agreement and I'm hoping not deemed legal especially under the circumstances.
JA: Thanks. Can you give me any more details about your issue?
Customer: It should all be there. I don't mind making the site go dormant but I'm not going to allow them to simply take it and profit off all my work.
JA: OK got it. Last thing — Business Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Business Law
Expert:  MDLaw replied 10 months ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you. What exactly is your legal question please? What information are you seeking

Customer: replied 10 months ago.
It's all in my last note. Do I have to transfer my domain name as required in the agreement. Please read my notes.
Customer: replied 10 months ago.
Reposting again: Customer: My name is ***** *****, I have been selling Thomas Kinkade art for 11 years in my brick and mortar store and my website www.thomaskinkadeonline.com. 6 months ago, I was forced to sign a "dealer agreement" with the Thomas Kinkade Company in order to continue to sell their product which Iwas dependent on for survival of my business. Yesterday, I received a letter stating the Thomas Kinkade Company wants to go corporate and I have 30 days left to sell after which, I must cease using my domain name and I am obligated to assign this domain to the company. This announcement completely surprised me and I have worked 11 years with this domain name, built it up to a very successful online business and have customers who have even favorited this site for purchasing later. Now I have to transfer it to them, allowing them to transfer it to their website www.thomaskinkade.com so they can profit off all my hard work? No way. Problem is, I signed an agreement to do this and it's in the agreement I'm obligated to do this. But it's an agreement and I'm hoping not deemed legal especially under the circumstances. I don't mind making the site go dormant but I'm not going to allow them to simply take it and profit off all my work.
Customer: replied 10 months ago.
OK so you guys clearly don't read responses so I would like my refund please. Very dissatisfied. Please refund immediately or I will post negative reviews. And next time, I recommend you read the customer's responses rather than continuing to ask them to repeat it over and over again.
Expert:  MDLaw replied 10 months ago.

I had some family stuff come up yesterday afternoon and I was therefore not able to get back to my computer. I apologize for the delay.

The reason I requested clarification on what your question was to ensure that I gave you the proper information. You stated that you signed a contract agreeing to transfer the domain. If you did sign such a contract, then you are obligated to transfer the domain. If you fail to do so, you would be considered in breach and could be sued for breach of contract. Also, since the company owns the name Thomas Kinkade, they would have the intellectual property rights to your domain name.

Expert:  MDLaw replied 10 months ago.

Do you need any additional information?

Customer: replied 10 months ago.
No thank you.
Expert:  MDLaw replied 10 months ago.

I'm glad I was able to be of assistance and do not hesitate to let me know should you need any additional information. Have a wonderful weekend.