I have a domain, received a C&D, then I sold the domain to other people... ???

[owntype]

The above topic is just an assumption, the real case is as following:

My friend has a domain name which has potential TM issue, it is a combination of 2 words, but the name was registered Trademark.

Unfortunately, he parked the domain at namedrive/sedo months ago, and he also built a simple web page to advertising this name with an asking price. Now, he has just received the C&D letter from the trademark holder, being asked to send the domain back to them, otherwise they will file a claim from their ways. They also mentioned that they have strong evidence to proof the violations on their rights.

My friend is worrying about this, and he just discussed this with my partner and I regarding if he could transfer the domain to us temporally, so that the whois record can be changed to us, or maybe he could create an account with fake info at the registrar.

Therefore, I could claim that I am the buyer/new owner of this name and I haven't used it in bad faith...I could help him but before doing that, I just wondering if this method will cause any legal issue to us? what would happen if we transfer the domain back to him after a few months?

Please share your opinions, thanks.

 

[namenut]

I would say that was a bad move.

This almost forces the TM holder to act. I also would assume the C&D letter included language directing the name holder not to take such action. Now the act of proffiting from a TM violation may be in cement.

Of course you ...cough cough ... I mean the name holder should try to get the name back until they talk to an attourney. Your friend may want the option to give up the name to the TM holder. Otherwise your friend just rolled the legal dice.

IMHO
namenut

 

[labrocca]

You can get sued by TM holder as well as new owner that purchased the domain. Also this might even be fraud with criminal penalties.

 

[Dave_Z]

They also mentioned that they have strong evidence to proof the violations on their rights.

If they indeed have (e.g. screenshots), what you're thinking of doing is likely
digging a deeper hole than the one your friend is in. You and your partner can
also be dragged into it.

If all of you happen to be within the trademark holder's reach, the chances of
being held liable are even greater. More so if the party in question has very
deep pockets.

 

[owntype]

Thank you guys, these opinions are indeed very helpful for my decision. I will ask my friend to check this thread out.

So it means we should dig carefully how the exowner using a domain name before purchasing it?

Thanks again

 

[Archangel]

The above topic is just an assumption, the real case is as following:

My friend has a domain name which has potential TM issue, it is a combination of 2 words, but the name was registered Trademark.

Unfortunately, he parked the domain at namedrive/sedo months ago, and he also built a simple web page to advertising this name with an asking price. Now, he has just received the C&D letter from the trademark holder, being asked to send the domain back to them, otherwise they will file a claim from their ways. They also mentioned that they have strong evidence to proof the violations on their rights.

My friend is worrying about this, and he just discussed this with my partner and I regarding if he could transfer the domain to us temporally, so that the whois record can be changed to us, or maybe he could create an account with fake info at the registrar.

Therefore, I could claim that I am the buyer/new owner of this name and I haven't used it in bad faith...I could help him but before doing that, I just wondering if this method will cause any legal issue to us? what would happen if we transfer the domain back to him after a few months?

Please share your opinions, thanks.

Correct me if I'm wrong but if your friend sold/transfered a TM'ed domain that received a C&D, your friend would still be held liable for it.

 

[SpareDomains]

My friend is worrying about this, and he just discussed this with my partner and I regarding if he could transfer the domain to us temporally, so that the whois record can be changed to us, or maybe he could create an account with fake info at the registrar.

Therefore, I could claim that I am the buyer/new owner of this name and I haven't used it in bad faith...I could help him but before doing that, I just wondering if this method will cause any legal issue to us? what would happen if we transfer the domain back to him after a few months?

Please share your opinions, thanks.

I could be wrong as I am not a lawyer nor do I play one on tv, but I believe that when a change in ownership occurs they have looked at that in previous cases as a fresh registration, new registration with existing trademark isn't good, keeping it with the current owner would be best but still possibly a loss based on registration date, trademark and use of domain, best advice is if you intend to play the trademark game intend to invest in a good lawyer. http://www.namepros.com/legal-issue...commended-lawyers-for-domain-name-issues.html