Trademarked LLLL

[My User Name]

I just purchased a lot of 5 LLLL's. I come to find out that one of them, are the call letters of a radio station. Of course upon further investigation, I see there is a trademark. Could that domain be a problem for me? I will definitely not develop it. I will only resell it. I came here for your expertise. Thanks.

 

[Andrei P.]

Ok. If you receive an email that there is a trademark infringement and don't cancel the name. What happens then? As I understand the worst thing is that you will loose your domain? Or is there something worse than this can happen?

There is a good chance that nothing will happen, Cease and Desist (C & D) letters, as they are called, cost a company very little.

If they decide to pursue the matter then you will get, at the email address listed for the domain, a copy of a UDRP complaint. You get three weeks to answer, in proper legal form. If you do not answer your registrar will probably, but not certainly, be told to give your domain to the complaintant.

You can answer yourself, that will cost you next to nothing, but the odds are much better in your favor if you hire a domain specialist lawyer. An ordinary attorney would be of very little use. Figure around $5000 your cost, win or lose.

The panel(ists) get only $1000 each so do not expect them to put much time into the case. Decisions are rather random, but often favor the corporations, and are often appear to have an anti-domainer bias.

Ok. So why fuss now? If you receive C&D letter (if you receive it of course, I think that TM owners will simply mail first or will simply try to buy the name for cheaper than UDRP procedure) and if you will see that there is no chance to resist then only then you will have to cancel the domain or pass it to TM owner. C&D letter is a result of UDRP complaint? Is it still possible to ask TM owner to compensate you expenses on domain after you receive C&D letter? BTW is it ok not to pass the name to TM owner but simply cancel it after you receive C&D letter.

 

[accent]

Ok. So why fuss now? If you receive C&D letter (if you receive it of course, I think that TM owners will simply mail first or will simply try to buy the name for cheaper than UDRP procedure) and if you will see that there is no chance to resist then only then you will have to cancel the domain or pass it to TM owner. C&D letter is a result of UDRP complaint? Is it still possible to ask TM owner to compensate you expenses on domain after you receive C&D letter? BTW is it ok not to pass the name to TM owner but simply cancel it after you receive C&D letter.

Why the fuss? Publicity from the Snowe bill and the LH.com reverse hijacking. (LH.com was awarded to Lufthansa Airline from Elequa by UDRP , in what is generally considered one of the dumbest UDRP decisions to date. A lawsuit that can over-rule the decision is in process.) There are still only a few thousand UDRP cases / year and most are obvious, genuine cybersquating and the squatter does not respond.

A C&D is a legal ploy in trademark law, no relationship to UDRP. You can ask for domain cost expenses at anytime up to UDRP decision. However the case could continue even if you give them the name (but probably will not). If you cancel it there may be some twisted way that you could be liable for their costs to recover it. The danger is if you lose UDRP cases that fact can be considered in future UDRP cases branding you as a cybersquater.