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question Trademark and expired domains

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fihri

Established Member
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if I registered an expired domain that created before the trademark file date Will I have problems?

I hope you understand what I mean.
thanks in advance.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
It's very complicated and no one will have the answer for you except the lawyer.
Stay out of troubles and register something else.
 
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do you really want the headache ?
 
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The basic rule is, if you infringe on their trademark, you deserve everything which the trademark owner rightfully can sue you for. If you don't infringe on their trademark, then you deserve everything which the trademark owner cannot rightfully sue you for, but does anyway. Meaning you will incur legal costs to defend your case. It's a game with low returns and lots of risks. IMHO. It's not worth the risks involved.
 
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When a name drops or is sold via auction a trademark holder can and do at times attempt to get it back via udrp process. Your new registration date long after a trademark registration can appear to be in bad faith. You have no protection or defense. I would delete it or let it drop.


The person who has the best chance in such situations is the original registrant with a registered date before the trademark who doesn’t infringe on the mark in anyway and never dropped or sold it. Even then, they occasionally lose the name.
 
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Do you have a license to use their trademark?
 
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