Domain expires, does the company still have rights?

[Ronald Regging]

I got a domain about 6 months ago from a drop auction.

Recently I discovered that the domain used to belong to a hosting company. In actuality, it isn't a hosting company, but a GoDaddy reseller. They use one site for reselling hosting packages and another (the one I got) for reselling domain registrations...

I haven't received any sort of contact from them in 6 months, yet their hosting site still advertises the domain for the domain reseller site (domain I own). Aside from those links, there are absolutely no backlinks whatsoever for the domain.

It doesn't seem that they are aware that the domain expired, since they are still advertising it on their site. I think if you're running a business, you'd notice something like that... So this leads me to believe that the business is rather defunct.

There are absolutely no registered TMs, and I find it hard to believe that they would be granted a common law TM, since they are pretty much unknown/non-existent. But I don't know...

I also know that UDRPs aren't dependent only on TMs, but on rights through usage.

So is there any length of time that one would have to wait, before being able to use the domain for the same purpose?
Or is this domain forever useless due to some one-man operation with a reseller account owning it previously?

Thanks for the help!

 

[Dave_Z]

Barring trademarks and/or any sort of agreements, and the exceptional bodog
dispute, no third party has any kind of enforceable claims towards a domain
name registered to someone else. The reseller still might be using the term as
a trademark if they aren't defunct, that's a lot of ifs to find out.

On the other hand, nothing stops anyone from believing they have some kind
of cosmic right or whatnot towards something that no longer belongs to them.
That's the way some people are, especially if they have the time, money and
effort to try enforcing their beliefs on someone else.

As usual, just my thoughts. Currently.

 

[Ronald Regging]

Dave,

Thanks for the response. I have to say I am rather concerned with the idea of creating a site, then a year after I got the domain, the previous owner realizes they no longer own it and tries to start trouble. Also the fact that their hosting reseller site has links to the domain is unsettling, as I don't want there to be any claims of confusion.

 

[Dave_Z]

I have to say I am rather concerned with the idea of creating a site

What kind of site do you have in mind anyway? Will it somehow be associated
with the other party's use, if any, more so if it's commercial?

 

[italiandragon]

Very interesting.

I suppose that in the domain industry nothing is totally sure but if you are genuine you should not worry in this case.

 

[PowerUp]

I read in the ustpo that every 5 (or 10?) years, trademarks will expire. Maybe that's how long you need to wait.

 

[2synapses]

well, you are the currently registered owner, correct? If so, you have the legal right to use the domain you paid for and have registered.

I would send the GoDaddy reseller a C&D letter indicating that you are the new owner of the domain, and that failure to take down the ad for sale will result in legal action to remedy the situation.

Probably an oversight, but the rules of business apply, if you fail to enforce your right to your property, you can lose the right to your property.

Then, start using the name and brand it with your content.

I'm not a lawyer, nor do I play one on TV, but I slept in a Holiday Inn, once..

 

[DNQuest.com]

well, you are the currently registered owner, correct? If so, you have the legal right to use the domain you paid for and have registered.

I would send the GoDaddy reseller a C&D letter indicating that you are the new owner of the domain, and that failure to take down the ad for sale will result in legal action to remedy the situation.

Probably an oversight, but the rules of business apply, if you fail to enforce your right to your property, you can lose the right to your property.

Then, start using the name and brand it with your content.

I'm not a lawyer, nor do I play one on TV, but I slept in a Holiday Inn, once..

You may want to stay another night then....

Registering a domain does not give the domain owner TM rights. If the reseller company has a TM, then it does not matter if the domain was dropped, they still have rights. Much would depend on the name, if it descriptive or unique. Trying to brand something that is already branded is not a good idea.

 

[CyberLaw.pro]

Registering a domain does not give the domain owner TM rights. If the reseller company has a TM, then it does not matter if the domain was dropped, they still have rights. Much would depend on the name, if it descriptive or unique. Trying to brand something that is already branded is not a good idea.

Well, registering a domain name can help to establish some minimal common law TM rights, but that's pretty weak, as you point out.

I doubt very much that a reseller would have any IP rights in a domain that was apparently only purchased to be resold. We need more facts, as usual.

 

[DNQuest.com]

Well, registering a domain name can help to establish some minimal common law TM rights, but that's pretty weak, as you point out.

Registering a domain does not give you rights, it is the usage of the name and the secondary meaning established that gives you the rights.