Legal responsibility with transferred domain

[romow]

suppose i bought a domain from someone else.
later, i get involved in trademark related lawsuit with the domain.

then, is the guy that i bought the domain from also partly responsible
for that? or i should suck it up all by myself as the current owner?

 

[viciouscircle]

suck it up. the guy isnt really responsible.

do, however, make sure the trademark related lawsuit is legit. if it is, or if the domain isnt really worth much to you, offer to hand it over for cheap/free. if it seems to not be a legit lawsuit, and you really want the domain, you can always fight it.

 

[RJ]

Responsibility should fall on the current owner. If you have no legitimate rights or use for the domain name, you should not have purchased the name, because the original owner would have no control over what you do with the name after it leaves his possession.

When the domain is transferred to you, you are the one under the contract with your registrar and bound by UDRP.

 

[jberryhill]

then, is the guy that i bought the domain from also partly responsible
for that?

What did you transfer agreement say? The TM owner can hold you both liable.

 

[jaydub]

Buyer beware is always in effect as far as I'm concerned...Suck it up and do your research before posting SOLD...When you buy a home or car you do your due diligence...this business is no different...

My 2 pennies worth...

Jim

 

[romow]

thanks for your comments guys.
i was talking about a case where i and the original seller
did not sign any transfer related agreement.

i guess without any transfer agreement (do we have
a good one that i could use), i'll be the one who has to
suck up everything.

 

[Dave_Z]

thanks for your comments guys.
i was talking about a case where i and the original seller
did not sign any transfer related agreement.

i guess without any transfer agreement (do we have
a good one that i could use), i'll be the one who has to
suck up everything.

Then money hasn't changed hands and the domain transferred yet?

 

[jberryhill]

i guess without any transfer agreement (do we have
a good one that i could use), i'll be the one who has to
suck up everything.

That would depend on how your jurisdiction would treat a domain sale - and, no, this question has not been specifically answered in most jurisdictions... However, under the Uniform Commercial Code as applied to the sale of goods (and, I'm not going to even get near a discussion of whether a domain sale is a "sale of goods") there is, in the absence of an express statement otherwise, an implied warranty of non-infringement binding against the seller of the goods.

http://www.law.cornell.edu/ucc/2/article2.htm#s2-312

 

[primacomputer]

There is no reason any you would be any more or less culpable in a trademark related law suit whether you were the original registrant or someone who had bought it down the line. There are a few points of interest though.

1.When were the domain and trademark registered? If the name was registered before the trademark then this would probably work in your favour even if it came into your possession after the trademark registration.

2.Any prior misuse, bad faith or trademark infringements are not your responsibility. If you have a legitimate use for the name you will probably be able to defend any UDRP or law suit regardless of what the previous owner did.

3.You are generally able to offer the name to the trademark holder at cost. If you paid $100, simply explain this to them and ask them to pay what you did.

4. Frequently name are registered/bought with the sole intent of profiting from someone else's brand. If this is what you did then simply hand it over and chalk it up as a learning experience.