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Is a transferred domain considered TM if its creation date is earlier than the date of registration

Labeled as discuss in Legal Discussion, started by Dotorium, Nov 24, 2020

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  1. Dotorium

    Dotorium Established Member

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    Dear All

    my question is as below:

    Is a transferred domain considered TM if its creation date is earlier than the date of registration in the TM registry?

    Thank you for your feedback
     
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  2. karmaco

    karmaco Top Contributor VIP

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    What do you mean by transferred? If you mean transferred into your account (not the original owner) you have to take extra precaution of not putting on a page with any ads. It all depends on the name in question, if super generic and applicable to multiple niches you should be good just don’t contact TM owners.

    Date of first in use if listed should be looked at not just date of TM.
     
    Last edited: Nov 24, 2020
  3. pb

    pb Top Contributor VIP ★★★★★★★★★★

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    Not sure if that's what you mean, but if the domain was registered before the TM registration but changes the owner after that, then that can definitely be taken into account if it's hit with UDRP.
     
  4. Dotorium

    Dotorium Established Member

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    Thank you for your reply

    i have a domain that i bought from another domainer who bought it in 2013 TM registry in 2017 and i bought it in 2018 from him the whois changes but same registrar so the date in still 2013
     
  5. pb

    pb Top Contributor VIP ★★★★★★★★★★

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    In that case the registration date is irrelevant, i.e. doesn't automatically "protect" you from being accused of bad faith.
     
  6. Dotorium

    Dotorium Established Member

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    ok thanks very complicated issue
     
    Last edited: Nov 24, 2020
  7. karmaco

    karmaco Top Contributor VIP

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    This occurs all the time. In most cases, as long as you proceed with caution or even don’t have a landing page if its a very prominent name their reasons to be able to bad faith you are diminished. pb is correct there is always a chance someone tries a UDRP but there is a chance if you are the original owner as well. Calculated risk.
     
  8. pb

    pb Top Contributor VIP ★★★★★★★★★★

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    I the domain is and was registered under whois privacy, your best bet might be not responding to UDRP in the hope that the panel won't be able to determine if the domain changed hands and will have to assume otherwise. See here for an example: https://www.finnegan.com/en/insight...der-the-gdpr-complicates-udrp-complaints.html of course each case can be vastly different...
     
  9. karmaco

    karmaco Top Contributor VIP

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    They get the owner info when a UDRP is filed. Privacy means nothing.
     
  10. pb

    pb Top Contributor VIP ★★★★★★★★★★

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    Yes, but privacy makes it hard to determine for how long the current owner has had the domain, specifically if their ownership predates the TM or not.
     
  11. Dotorium

    Dotorium Established Member

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    great this is great since i have never showed my infos with the privacy i think i am in that case
     
  12. DNCounsel.com

    DNCounsel.com New Member

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    Agree
     
  13. Samer

    Samer Top Contributor VIP

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  14. DNCounsel.com

    DNCounsel.com New Member

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    Agree with "doesn't automatically "protect" you from being accused of bad faith."
     

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