Help with potential legal issues....

[AUDIOFLOW]

I am new to the domain name world. i am starting a business and have registered a few names for the purposes of that business. in talking with a friend of mind, he found out i registered a few names. and asked me about the process. i told him it was easy and offered to allow him to register some names through my account he has no account due to bad credit. It appears the names he registered are possibly copyrighted and or patented. and i have had the 1 of the owners of these business contact me as the owner of these domains. saying he owns them and will pursue legal action. it appears the majority of the names he my so called friend, registered are the mobis of many sizeable businesses that did not get them quick enough. i dont want to do anything illegal and i also dont wish to hold these owners hostage for $. it would appear after conversations with him that the thought he would be able to sell them to them for profit. i as the owner dont like the prospects of this. it seems wrong. nothing has been done with these names they are just in my account. no sites developed no sales or anything. i am not sure if i have any legal ramifications for owning these mobis. i called my registrar and they said dont worry about it and let them expire, dont advertise them for sale and dont contact any of the owners of the businesses and there should be no ramifications. Is this accurate. Or is it possible ibm or microsoft for example may be serving me soon. i dont like the idea he has i will not allow him to do this to owners legitimate owners . any help would be greatly appreciated. thanks from the newby

 

[Devil_Dog]

Sure it was your friend that did it? lol

 

[fonzie_007]

If the person has a copyright or TM, push/transfer the domain to them immediately. In the future, don't register copyrighted or TM'ed domains. Check www.upsto.gov.

 

[Optinom]

Check www.upsto.gov.

www.uspto.gov

 

[fonzie_007]

www.uspto.gov

Thanks for correcting me. That's what happens when you type too quickly...

 

[AdoptableDomains]

i am not sure if i have any legal ramifications for owning these mobis. i called my registrar and they said dont worry about it and let them expire, dont advertise them for sale and dont contact any of the owners of the businesses and there should be no ramifications. Is this accurate. Or is it possible ibm or microsoft for example may be serving me soon. i dont like the idea he has i will not allow him to do this to owners legitimate owners . any help would be greatly appreciated. thanks from the newby

It is possible you could get contacted. It is possible you could get a UDRP or WIPO filing against you. It is possible you could get sued. However, if you make sure the names are not parked or maybe even forward them to the rightful owners sites you can probably either wait until they expire or hand them over at no cost to the TM owner. An hones letter about what happened and offering to them for free isn't all that bad an idea either. I'm assuming your "friend" paid for them or will repay you and he will be out the money.

Worst case probably won't happen, but you could find yourself blindsided by a UDRP without warning if you do nothing. Even though there's no cost to let them win by default and turn it over, any case against you could be used against you in the future, or result in branding you a cybersquatter. I'd take the high road and either offer the names at no charge with an explanation or actively let them know you plan on letting them expire.

 

[DNQuest.com]

If you are truely worried, setup a new account for your friends and push them to that account. Unfortunately, you could be held legaly liable for the registration and if you are contacted, give up the name freely and move on (and hope the TM holder jsut wants the name).

 

[AUDIOFLOW]

Thanks out there I appreciate all the input. i contacted him and he complained about the transfer cost etc to him or someone else. Some friend. At this point my name is on them and i think the best thing to do is delete the obvious offenders back to the open market, if he doesnt want or wont take possesion. I think i can solve the problem by just deleting them and he is out his money. My take on him is to take responsibility or lose em. is there an easy way to see if something is tmarked? some of the domains he registered dont appear like they would be but i am not sure? any help is appreciated. thanks again all....

 

[AdoptableDomains]

is there an easy way to see if something is tmarked? some of the domains he registered dont appear like they would be but i am not sure? any help is appreciated. thanks again all....

US Patent and Trademark Search - Trademark Electronic Search System(Tess):
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=4k2vs8.1.1

However, there there are Registered TM's and Unregistered TM's. Just because you don't find it in a TESS search, doesn't mean one doesn't exist unregistered or in another country. It's a start though.