Trademark domain name issues

[PowerUp]

Hi, I have a question. Here's the scenario.

Lets say I have this domain name that is a trademark of a certain company. I approach the company to sell this domain to them. They come back and say, "We'll sue the pants of you unless you hand the domain to us for free." At this point, what will happen if:

1. I sell the domain name to a third party who then holds it (undeveloped)?
2. I sell the domain name to a third party who then develops it in a way that is non-competing against or benefiting from the trademark?

Would it make a difference if I sell the domain before and after I am served the UDRP?

 

[James]

You sell it then you can be sued by the company and the buyer.
You shouldn't even try to sell trademarked domains.
Play with fire, you get burnt.

 

[Smiler]

You sell it then you can be sued by the company and the buyer.
You shouldn't even try to sell trademarked domains.
Play with fire, you get burnt.

I definitely Agree. Its not worth trying to squeeze a couple of dollars for something that can ruin you later on in life.

 

[DNQuest.com]

power, please read my sig... it will help immensely...

 

[Kate]

Short answer is that you can still be sued even though you no longer retain ownership of the domain.

 

[PowerUp]

Short answer is that you can still be sued even though you no longer retain ownership of the domain.

What if i never owned the domain in the first place? Meaning I've never owned the domain before, can they still sue me?

 

[AdoptableDomains]

1. I sell the domain name to a third party who then holds it (undeveloped)?

You can still be sued for owning and profiting from the sale of the domain itself. You may also be sued by the company/person that purchased from unless you disclosed all the facts to them that you knew of a potential dispute or TM.

2. I sell the domain name to a third party who then develops it in a way that is non-competing against or benefiting from the trademark?

Theoretically, they may have a shot at defending the name for the non-competing use. However, you had no use except profiting from the TM holder i the sale of the name. You could be sued even if they get off.

Would it make a difference if I sell the domain before and after I am served the UDRP?

If you withhold knowledge of a potential dispute from a buyer, I'd bet you'll be liable either way. You can't sell the domain after the UDRP case is filed since it would be locked at the registrar until the case is settled probably at the same time you receive notice of the filing if not before.

What if i never owned the domain in the first place? Meaning I've never owned the domain before, can they still sue me?

How can you sell something you never owned? If you use someone else's name to register, they would be sued, and just push it back on you. Then you add fraud to the picture as well.

You seem to be digging an ever deeper and ever wider hole for yourself. Give it up or defend it. Don't try to push liability off on someone else.

Lets say I have this domain name that is a trademark of a certain company. I approach the company to sell...

NO NO NO! Never do that!

That's basically the same thing as trying to sell stolen goods back to the person you stole them from. And that's exactly how they are going to look at it.

 

[DNQuest.com]

read my sig...PLEASE

 

[James]

read my sig...PLEASE

should just make that a announcement in this thread :lol:

 

[Kate]

read my sig...PLEASE

should just make that a announcement in this thread :lol:

Sticky ? :p

 

[jberryhill]

Lets say I have this domain name that is a trademark of a certain company. I approach the company to sell this domain to them. They come back and say, "We'll sue the pants of you unless you hand the domain to us for free." At this point,

At that point, make sure you are wearing clean underwear, because you are going to be walking around in the near future without pants.