Expired .com.aus - IP Issues

[dAvo]

So - someone never renewed their .com.au domain for a website they had up.

The domain name contains generic words - but the company (that dropped the domain( uses those words in their registered business name.

eg: XXXX Pty Ltd

They are threatening to sue for IP infringement, although we do not intend to copy or use any of their past content or traffic.

Do they have the rights to the domain - and can they demand it to be returned?

Or can we use it to create our own site?

Thanks heaps for your help in advance.

 

[BrandPlease]

I'm not a lawyer, I can not give you legal advise only an opinion.

IP infringement? If they mean you are accusing you of being a squatter, if your not trying to make money (directly from their traffic)... Well that is part of why people buy dropped names. BUT you cant use their content, and I would prob dev it to a different niche -so there is no concern.

Beyond that - do they have it trademarked? If not, they are out of luck. They could try to UDRP - but if they have no TM and You are not infringing on them - what is the argument?

They are mad because thy forgot to renew a valuable property? Prob taking it out on you because they are in big trouble.

UDRP cost 1500+ ish to start - if that sound like a good $ to you, keep it under that amount and if they are going to push it tell them that - if you want the name, with the little info here it really doesn't sound like they have a case... But, ask lawyer to be sure

 

[dAvo]

Thank you so much for your reply!!!
Sincerely appreciate your feedback

I am definitely not trying to cybersquat - and have a business model ready to go.

And in no way at all will I be using their content or trying to monetise from their traffic.

I checked way back machine / and they have never had a completed working site up there. Seems like it was unfinished.

And just to clarify (Eg)
They have trademarked the word: MYBOXES
It’s the same word for their registers Pty Ltd.

BUT - they did not trademark the domain.com.au or any mark, logo, icon etc.

for instance:

TRADEMARK: MYBOXES (word)
COMPANY: MyBoxes Pty Ltd
CLASS 35z
URL: myboxes.com.au
class: 35

Does that make a difference at all?
Especially as it’s two generic words trademarked - not the URL or the logo.

Can’t believe how helpful and open people are here in this forum. It’s incredible.

Thanks again and look forward to your reply.