Owner forgot to register his domain name question??

[john_karr]

Hello if a owner forget to register a domain name that he own can they take you to court to try to reclaim the name? Im not talking about a trade mark a generic name like hats.com or dogs.com for example

 

[DNQuest.com]

yes he can take you to court.....

If he prevails is another story.

 

[john_karr]

yes he can take you to court.....

If he prevails is another story.

didnt know that

 

[tru1]

Hmmm, Can they really? I mean if he forgot, legally the name is out again for bids.

Doesn't make sense that he'd win, but sure he can take you to court

 

[john_karr]

Hmmm, Can they really? I mean if he forgot, legally the name is out again for bids.

Doesn't make sense that he'd win, but sure he can take you to court

that what i figure because what the time frame they give you after the actual date the name expire 40 days something like that it its up for grabs.

 

[Peter]

What DNQuest.com means to say is that anyone can take you to court for almost anything. I could take you to court for registering that domain even though I have no right to it. But of course if I did it would be thrown out pretty quickly.

The only way they are going to prevail is if you are breaking some trademark laws and are using the domain to gain from those trademarks.

 

[john_karr]

What DNQuest.com means to say is that anyone can take you to court for almost anything. I could take you to court for registering that domain even though I have no right to it. But of course if I did it would be thrown out pretty quickly.

The only way they are going to prevail is if you are breaking some trademark laws and are using the domain to gain from those trademarks.

So in other words they will not win

 

[FagEnd]

Don't bank on it. Some really weird decisions have been made before.

 

[AzN]

Like RAZR.com, if you registered a domain before a trademark is in effect, technically, you are not liable for TM infringement.

 

[AdoptableDomains]

So in other words they will not win

"will not" is a little strong. Anyone can win or lose any case depending on the judge, jury, and attorney on each side. How deep your pockets are is a factor as well. I don't think most people think O.J. is innocent, but a jury did, and that's all that counted.

I would also guess Mr. Nissan has spent tons of money protecting his domain, even though he has every right to it.
http://nissan.com/Digest/The_Story.php

There's right, there's wrong, and then there's wrong decisions on what's right.

"Generic" and "bad faith" can be argued pretty strongly in either direction in a domain dispute.