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Newbie question - accidentally bought dropped trademarked domain

Located in Domain Beginners, started by Blues Brother, Feb 20, 2021

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283

  1. Blues Brother

    Blues Brother Established Member

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    Hi guys,

    Hypothetically speaking, if I'm located in Canada and pick up a dropped domain that's trademarked in the US and the owner wants it back, do I have to oblige and give it back to him? Can he come after me if I'm in another country?

    In this example the domain registrar is located in the US.

    Thanks
     
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  2. BradWilson

    BradWilson Upgraded Member Gold Account

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    Without knowing more details, it depends on way too many factors to give any worthwhile answer here.

    It's best to contact competent legal advice to get a definitive answer.

    I'm sure someone with way more experience than I have will chime-in soon.
     
  3. mr-x

    mr-x Top Contributor VIP ★★★★★★★★★★

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    Some trademarks are stronger than others. Don't park the domain with PPC ads.
     
  4. DigiNames

    DigiNames Established Member ★★★★★★★★★★

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    The trademark holder could file a UDRP claim to get the domain back. It wouldn’t matter if you are in a different country.

    However what Mr-x said is true, some trademarks are stronger than others. If this is more than just a hypothetical situation and the domain name is actually worth it, you should check with a domain attorney.
     
  5. Revisiting

    Revisiting Established Member

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    Personally speaking. I'd be digging down to see just how strong his trademark claim extends to this domain. My first thoughts are he/she was unlikely to have been using the domain if it was allowed to drop. Also what status is this particular Trademark - In-Use or just purely registered. how old was the original registration and how universal is the term/domain. How long had it had been available to register will also weigh heavily.

    I think we all like to do the right-thing but you can't escape your own valuation of the domain. Is it just fanciful or does it have market value. This domain game isn't easy you always need to be aware of your options at every possible area of conflict.
     
  6. lock

    lock DomainUsed.com VIP

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    I have bought them accidently also had them created on my names where i have.com. All depends on what it covers and what you did first. It gets complicated so stay away from obvious trouble. It maybe cheaper to drop it than fight it. If morally right if had idea in progress first then stick to guns but if came along and someone beat you then tough tittties. TM may not effect your idea.
     
    Last edited: Feb 22, 2021 at 12:49 PM

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