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What Happens If I BUY A DOMAIN NAME And Later On I Get In Trouble With A TRADEMARK ISSUE ?

Labeled as discuss in Legal Discussion started by blue crystal, Jun 20, 2019.

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  1. blue crystal

    blue crystal Upgraded Member Blue Account

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    If I buy a domain name from a domainer ( or registrar ) and, later on, I receive a letter asking me to close the web site that uses it or even wants to sue me because trademark violation, can I redirect the responsibility to the person ( or registrar ) who sold me ?
     
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  2. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    No the registrar has no responsibility. Nor does another seller, they passed the hot potato to you and you are it. It's like you are doing 70 in a 55 mile an hour zone, the Police officer pulls you over and you say, "Hey the Lambo was doing 110!" The officer tells you that doesn't matter for you as he pulled you over and the Lambo is long gone.

    The scenarios can go like this,

    The trademark holder casually sends you an email, tells you that you are violating their tm and asks you to transfer it to them, or delete it.

    More official you receive a cease and desist letter, explaining their rights and asking for a transfer or delete.

    They file a UDRP, you can decide to defend or not defend, if they are being honest and you are violating their mark, the panelist will most likely rule in their favor and have the name transferred.

    They want to make an example out of you and file suit under the ACPA where they will look for the domain name and up to $100,000.
     
    Last edited: Jun 20, 2019
  3. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    No. Do your own due diligence before registering or buying a domain.

    Brad
     
  4. blue crystal

    blue crystal Upgraded Member Blue Account

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    What would happen if the trademark owner finds out that hundreds of people violated his trademark. Would he sue all of them ?
     
  5. bmugford

    bmugford www.DataCube.com PRO ICA Member VIP ★★★★★★★★★★

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    Maybe. Maybe not. A TM holder can decide how they want to protect their TM.

    It is best to avoid obvious, famous trademarks that don't have a generic usage.

    Brad
     
  6. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    I take it this is about Libra, Facebook would probably look at a lot of those names being worthless, they would more than likely not file 1000 UDRP's.

    Brands are well aware that there are names registered with their ip, they can pick and choose who to go after as they like.

    This is one of the biggest problems with domaining in 2019, people so enamored with actually cybersquatting and all the what if's.
     
    Last edited: Jun 20, 2019
  7. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    Here is something to sober anyone up that is obsessed with regging tm's or even names that are walking a fine line.

    So you win the UDRP and then after the ip holder loses that, they go to court under the ACPA, and get the name and $50,000.

    Here is an example cited in the article that concerns well known domainer and former DNF owner Greg Ricks.

    There was also, more recently, the “just bulbs” case, Bulbs 4 East Side Inc., d/b/a Just Bulbs v. Fundacion Private Whois/ Gregory Ricks, D2013-1779 (WIPO January 13, 2014) (Complaint denied, but successful in ACPA action, Bulbs 4 E. Side, Inc. v. Ricks, (S.D. Tex., Houston Div. July 18, 2017 together with an award of damages for $50,000 and attorney’s fees)..

    Read the full article here
     
  8. blue crystal

    blue crystal Upgraded Member Blue Account

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    1) So, all these domainers that registered domain names that include the word "libra" in them, are taking risks ?

    2) Can a domain name owner from another country also be sued by a trademark owner located in the USA ?
     
    Last edited: Jun 20, 2019
  9. equity78

    equity78 Top Member TLDInvestors.com TheDomains Staff PRO Gold Account VIP ★★★★★★★★★★

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    Sure people outside the U.S. lose UDRP's and have names taken from them all the time.
     
  10. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

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    What happens when you are driving faster than the speed limit, on a road where hundreds of other people are driving faster than the speed limit, and you get pulled over by the police for speeding?

    I was pulled over for speeding once when I was younger, and it didn't occur to me to say to the cop, "You can't do anything to me because all of those other people are speeding."

    If you get nailed, it's your problem. What other people do, is not your problem.
     
  11. DomainRecap

    DomainRecap Top Member VIP

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    Exactly, the guys registering stuff like Microsoft.APP are just looking for trouble, while I bet the owner of Voice.com also got a lot of spurious lawyer threats and rightfully told them to go pound salt.

    Just because someone sends you an email threat doesn't mean you're in the wrong.
     

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