Registering a trademarked domain name

Discussion in 'Domain Names' started by centsnag.com, Jul 25, 2012.

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  1. #1
    Quick question...

    So if i register a domain name with a trademarked name in it, then sell that domain to someone else, will it still show my name is the WHOIS records, or will it show the new owners name.

    Also, if the trademark holder decided to take legal action, who would be responsible? Me (the person who registered it) or the person I sold it to (the new owner)

    Thanks in advanced for the help :)
     
    centsnag.com, Jul 25, 2012 IP
  2. dedifrance.com

    dedifrance.com Greenhorn

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    #2
    Once you have sold the domain and transfer the domain to new owners account, you are not liable for it. You do not have to worry for any legal action as well.

    Cheers.
     
    dedifrance.com, Jul 26, 2012 IP
  3. atxsurf

    atxsurf Peon

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    #3
    if you transfered it to different registrar, that will change whois to the new owners
    if you are pushing it to a different account at the same registrar, select "use the receiving account whois data" option (don't remember how is it exactly called at Godaddy)
     
    atxsurf, Jul 26, 2012 IP
  4. centsnag.com

    centsnag.com Member

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    #4
    Thanks! So is warriortime (above poster) correct when he says that I am not liable if the trademark owner decided to take legal action?
     
    centsnag.com, Jul 26, 2012 IP
  5. atxsurf

    atxsurf Peon

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    #5
    yes, if they act upon current domain status and registration info
    if they find out you were running something illegal out of that domain name before, they may check past whois info to find you
     
    atxsurf, Jul 26, 2012 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    Can either of you guarantee that?

    If I kidnap your loved one and you pay ransom, does that mean I can't be held liable?
     
    Dave Zan, Jul 26, 2012 IP
  7. snakeman

    snakeman Peon

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    #7
    Nothing is certain in law.Both of you may be liable!However registering a trademark name in a domain name is only an infringement if you use the domain to infringe the trademark in some way.Trademark registration is usually specific for one or two things only.All the best
     
    snakeman, Jul 30, 2012 IP
  8. cochisetm

    cochisetm Member

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    #8
    Trademark holders are free to name anybody they want if they bring a lawsuit. Technically, the liability is on the owner of the domain at the time the lawsuit is filed, but the trademark holder could certainly go after you as well if you caused harm to them via your actions. It would be like stealing a car and then selling it. You would be liable for the theft and the buyer liable for being in receipt of stolen goods. How the lawyers and legal system work that all out would be different in every case. My advice would be not to dabble in obvious trademark infringement without first consulting with a lawyer and getting a documented opinion. My guess is any lawyer in their right mind would disuade you from violating a trademark in any way.
     
    cochisetm, Aug 3, 2012 IP