Questions on Recent Acquistion & Trademark

karmaco · Jun 11, 2017

I have recently bought an 11 year old domain name. The domain in question was used by a business for that time period before they ended their business sometime in late 2016.

Meanwhile another company had a trademark in place for one of their products calling it the same word as the domain since 2015. Their main website and company goes by another name. My domain name is simply the name of one of their products.

The trademark is for a singular product but the domain name can apply to many other things. It was being used by the prior owner in the business area that I myself see it would be the most desirable.

I have this domain listed as a "may be for sale" only because I am not sure what applies here and what doesn't to protect myself. Since the trademark came after the domain and legitimate other business and the domain was and can be used for a different type of business or product entirely can I sell it?

namelancer · Jun 11, 2017

karmaco said:
I have recently bought an 11 year old domain name. The domain in question was used by a business for that time period before they ended their business sometime in late 2016.[/QUOTE

Was there a break in the timeline of ownership of the domain throughout its history ? Did you purchase it after it dropped/got deleted or while it was still showing as active/in the registered status ?

consumers · Jun 11, 2017

This registration date can be more complicated than many people think. In one court case someone transferred a domain to another registrar and changed ownership at the same time (I think from personal name to a company). The court said that because a new legal entity created a new contract with a registrar (during the transfer) that it is was a "re-registration" and this new date with be the registration date as far as claims under the Ant-Cybersquatting Protection Act. That specific court seemed to focus on the new contract with the registrar rather than the creation date you see in whois records. Of course that is just one court and it is under those specific set of facts so I would not jump to any automatic conclusions in this situation.

karmaco · Jun 12, 2017

There was no break in the timeline of ownership one guy held it and used it . It remains where it was originally registered. I am just going to do nothing about it right now even though I feel this particular name would be desireable other market name. You can type the two words and get hits in a certain area that has nothing to do with the product in question. Thanks for the replies.

I posted this not only for myself but as a cautionary tale for others--- check that no trademarks are not still alive before you buy at GoDaddy or any registrar.

karmaco · Jun 12, 2017

karmaco said:
There was no break in the timeline of ownership one guy held it and used it . It remains where it was originally registered. I am just going to do nothing about it right now even though I feel this particular name would be a desirable in the other market name. You can type the two words and get hits in a certain area that has nothing to do with the product that took its name for their product.Thanks for the replies.

I posted this not only for myself but as a cautionary tale for others--- check that no trademarks are not still alive before you buy at GoDaddy or any registrar.

namelancer · Jun 12, 2017

karmaco said:
I posted this not only for myself but as a cautionary tale for others--- check that no trademarks are not still alive before you buy at GoDaddy or any registrar.

Unless, of course, one buys the company standing in for a registrant as the legal entity owning a domain name subject to an auction purchase as well. However, the new issue that might surface here is how to acquire a company without falling prey to its known and hidden liabilities

But even that can be remedied by some creative corporate mini-take-over/merger by breaking the original company in subsidiary, alt.creating a holding company to which the name could be transferred to without crossing the legal boundary of entering a separate legal entity, thereby cutting the branches that bear barren fruit and ensuring continuity of unbroken legacy over a domain.

karmaco · Jun 12, 2017

I fully intend to sit on that domain for now who knows I might develop it at a later date myself but glad my original impulse what to err on the side of caution. I have made a routine after that to check every single name I am considering. The laws seem quite complex.

MapleDots · Jun 12, 2017

What did you buy it for?
Why not be straight forward and ask the other business if they want it?
They might just surprise you and buy it straight out without too much fuss.

I think sometimes we second guess things too much and just being straight forward might end up in a quick sale.

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