Can an end-user's misconduct leave a seller responsible?

[BlackDiamond]

This is a hypothetical situation, but one that concerns me.

Pretend that I am a hobbyist domainer. Let's suppose one of the people I transfer a domain name to decides to use it for questionable activity. The party that has been wronged decides to punish the current registrant, but then decides to use a tool to determine that I was the previous registrant and then blame me, the seller, for allowing this to happen.

Will it be likely that I am legally responsible for the actions of a customer? And if I choose not to disclose information to an inquiring party (in the interest of confidentiality)? Also, what if people presume that I am the party responsible for these actions despite not being involved in any illegal activity?

 

[tinner666]

I'm a noob, but the paper trail will show when it was in your hands, when it left your hands, and who had it when and if it was used for something illegal. Nothing to worry about.

Unless there's something personal here being used against neighbors, inlaws. of some other entity I haven't thought of. This scenario, could be iffy?

 

[flamewalker]

Once it has left your hands, you cannot legally be held liable for what the next party does. Thats like selling a knife to a customer, the customer goes out and murders someone, and someone trying to say it was your fault. Bull hockey... anyone can say what they want but doesn't mean it would hold up in court, or is even logical for that matter.

*EDIT* unless of coarse there is some proof that you colluded with the buyer to help him/her commit whatever. Selling a domain name and transferring it is not proof of anything other than the sale.

 

[evertonian7uk]

if you just sold it, without being involoved in anyway with the buyer bar the sale you should be ok, if you had been given notice of any kind about TM infringment or anything like that you could be liable, selling the domain doesnt make it go away.

but if you just sold it, without any C&D's or TM notices, no problem.

 

[domianinvestor]

I sold OJ a knife and some gloves am I liable?

Once it has left your hands, you cannot legally be held liable for what the next party does. Thats like selling a knife to a customer, the customer goes out and murders someone, and someone trying to say it was your fault. QUOTE]

 

[evertonian7uk]

I sold OJ a knife and some gloves am I liable?

not this time lol dream team!!

 

[DNQuest.com]

The one question not asked, was it a TMed domain? If it was a TMed domain, then there could be a possibility (if they play thier cards right) to get you under the ACPA.

 

[verbster]

What does "questionable" mean? Illegal, a prank, spam...? This might make a difference if you knew what the new owner's intentions were and sold it to him anyway.

 

[flamewalker]

Yep... they would have to show you knew the intentions of the buyer, or if its under tm, they may still be able to come after you like dnquest said. Other than that, imho you should be fine.

 

[jberryhill]

they would have to show you knew the intentions of the buyer

Flamewalker,

Consider... if the OP didn't have some idea, why would he be asking?

Let's say you were drunk one night and registered TenYearOldProstitutes.com. You've done nothing with the domain name.

Now, some guy shows up one day and offers you $10,000 for the domain name.

You sell it to him.

Now, I want you to sit in front of a jury and say, "Hell no. I had no idea what he might do with the domain name."

 

[AdoptableDomains]

jberryhill has made a good point. Intent and foresight have a lot to do with it. If it's a generic name, you probably wouldn't have the foresight to know they'd use it for an infringing purpose since there are other better potential uses. However, if it's a TM or there is no foreseeable alternate use, you might be dragged in to a legal battle.

Back to the knife....You sell the knife from a knife show or gun store, and you are not responsible for how it's used. You see a guy punching his girlfriend, tap him on the shoulder and sell him a knife with which he stabs her, you are then an accessory to the crime because you knew it was likely to be used in the crime.