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Buying Dropped Domain Name. Any Legal Issue?

Discussion in 'Legal Issues' started by kslokesh, Jan 3, 2009.

  1. #1
    I have registered a domain name 3 months back and now I came across the Internet archive, which had some old contents of the domain name.

    The domain got expired in April 2007. I registered it in October.

    Will this cause any legal issue?

    Can the Previous Owner of the Domain claim the right over the domain name again? (If its not a Trademark of that Company/Person).

    Is there any place where I can Search for Trademarks?

    Please answer..
     
    kslokesh, Jan 3, 2009 IP
  2. Invoker

    Invoker Well-Known Member

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    #2
    the previous owner has droped the domain and its his fault. and he cant claim his domain back if its not a trademark
     
    Invoker, Jan 3, 2009 IP
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  3. pushkar008

    pushkar008 Active Member

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    #3
    The previous owner CANNOT claim the domain legally.
     
    pushkar008, Jan 3, 2009 IP
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  4. mjewel

    mjewel Prominent Member

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    #4
    It's not an easy to answer question. It is really going to depend on a number of factors.

    It the name able to be trademarked, is it a registered or common law trademark?

    How do you intend to use the name?

    There is no single place to look for trademarks - a good trademark search will run several hundred dollars and still not be a guarantee you won't have trademark problems.

    A domain dropping does not mean a mark was abandoned. It's also possible someone else had prior trademark rights and the person who dropped the domain had been infringing upon their rights.

    For instance, if someone dropped Xerox.me - it would still be trademark infringement as the mark hasn't been abandoned.
     
    mjewel, Jan 3, 2009 IP
    kslokesh likes this.
  5. kslokesh

    kslokesh Well-Known Member

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    #5
    So the reason for dropping the domain can be a trademark infringement.

    I had not thought of this thing..

    But will it affect if the trademark is registered in USA or UK and I use the domain name in India?

    Can a Trademark registered by a person in one country be registered by a different person in another country?
    (case similar to Google mail in UK where it cannot use GMail ...)

    Is there any FREE method to Check for Previous WHOIS Records for the domain names?
     
    kslokesh, Jan 3, 2009 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    Trademark law can be very complicated. Again, everything is dependent on the exact name. G-mail was something entirely different because it involved a domain that was already in use. As a dropped domain, you have no goodwill from an established usage. If the mark isn't famous, and you intend on using it only to transact business in India (no US visitors for example) then you might be able to use it without infringing upon existing rights. This is something an intellectual property rights attorney could advise you on.

    As far as where you live, it doesn't matter in a WIPO action to take the domain for trademark infringement. They can take it regardless of where you live or the domain is registered.
     
    mjewel, Jan 3, 2009 IP
  7. JamesSmith110

    JamesSmith110 Active Member

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    #7
    As long as the domain is not a trademark you perfectly entitled to register the domain, however if argos registered argos.com and then it dropped and i registered it that would be trademark infringement and they would come after you however if argos owned insuranceforcheap.com (just an example name) and it dropped then they would have no legal rights to take it off you and would likely offer you an amount to purchase it from you, infact this did happen to argos, a freind who was a top argos employee told me what happened was argos owned a insurance domain (cannot remember the name now) which was just sitting in the background which they forgot to renew, it then dropped and some guy then registered it but argos wanted it back so argos paid big money to buy the domain back.
     
    JamesSmith110, Jan 3, 2009 IP
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  8. kslokesh

    kslokesh Well-Known Member

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    #8
    I had searched for US trademarks and no such Trademark Exists.

    The previous owner of that domain was a company from India, I checked that company's website and its not updated since 2006.

    I have note down the phone numbers from that company domain whois. Should I contact them regarding this?

    Or can I use that domain for a different Purpose like providing information/tutorials etc instead of the services?
     
    kslokesh, Jan 4, 2009 IP
  9. Ibn Juferi

    Ibn Juferi Prominent Member

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    #9
    I have bought dropped or expired domains before...I don't see what is the problem. Usually these domains are not renewed because the previous owner either does not want the domain anymore or the domain is useless to the owner.
     
    Ibn Juferi, Jan 4, 2009 IP
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  10. superdomena.com

    superdomena.com Peon

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    #10
    MAn, you worry too much. And some ppl here are encouraging your worries.. You bought your doain legally ok? Live your life and dont worry, cos anyway.. that laws are made for them and will never serve us but always them.. Got me?
     
    superdomena.com, Jan 4, 2009 IP
  11. Dave Zan

    Dave Zan Well-Known Member

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    #11
    The previous owner can. But without a trademark as others have answered,
    you can ignore them.
     
    Dave Zan, Jan 4, 2009 IP
    Ibn Juferi likes this.