Hi Guys, I recently bought a pending delete .NET and I later found out that it was a brand name trademark. What should I do next? I don't want to be sued but I also don't want to lose what I paid for the domain. Need your help guys! Thanks!
Just keep it ... if they want the domain, they'll have to go to the WIPO or send you a letter in the mean time, just relax. Just becareful of what you want to delevop on that domain, if it's not related to their business you may have a chance to fight and explain. --
Hi Anika, Thanks for the reply. The concern is the trademark is about a product specific of the company. So there's no other way of developing the domain for it not to be related to their business. I just currently have it parked/under construction. Any suggestions?
Well it may sit there forever without any problems, like mine ... I've using a domain I developed to sell a trademarked product for 3 years without a hitch. Then suddenly, they came to me and asked to shut it down within 72 hours and transfer it to them. I guess, I'll have to shut it down and transfer the content over to a new domain or tell them to fill a WIPO request to get the domain back. Which cost $1500-$4000 in fees to file to piss them off. I still wanna sell their products, so I guess I won't go that way ... --
Why would you just up and transfer the domain to them? It's your property. They must go through legal channels to get it. They can't just up and take it unless you let them. It won't cost as much as you think. They are just hoping you will give it to them. They have no legal standing until a judge, jury, or ICANN makes a decision. Here is what they must do: " All registrars must follow the the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider. To invoke the policy, a trademark owner should either (a) file a complaint in a court of proper jurisdiction against the domain-name holder (or where appropriate an in-rem action concerning the domain name) or (b) in cases of abusive registration submit a complaint to an approved dispute-resolution service provider." Stephen C
They don't have to file a WIPO, they can just sue you in court for trademark infringement. That way they can recover every penny your domain has ever generated, plus damages, and treble their legal fees. Do you really want to risk a six figure or more award against you? Even if you don't have the money, it can follow you for life and ruin your credit.