Hi, I have recently had an offer accepted on the domain below, and I am ready to send the payment however I am looking for some re-assurance before doing so. I am fully aware that possible trademark infringment issues here could be brought up, and Sony may come after the domain name. Domain: Sony * PS4 DOT C*O*M Code (markup): Remove ALL stars and spaces. My real question is how likely this would it be that Sony come after the domain and successfully take it from me? I have plans to make the site a fansite for the upcoming "PS4", and the site would certainly mean more exposure for their brand. Furthermore, we would certainly be "Pro-Sony" and do nothing to deface their brand. Secondly, if they do come after the domain can they legally just take it from me? Or would they have to pay me some kind of settlement for the domain name. I will be buying it for a good price, but it's still a fair amount of money so I want to weigh up all the risks before proceeding with the transaction. If you could offer your opinions on this, I would appreciate it.
The domain would be infringing upon their trademark. How likely they would come after you is up to them. Giving them exposure makes no difference with regards to infringement. Not only could they take the domain with a WIPO action, they could sue you for damages. They do not have to pay you anything - in fact, asking them to pay you anything can be used to show "bad faith". There can be instances of fair use on fan sites that are not commercial in nature. Non-commercial means no advertising, no memberships, no donations, no revenue of any kind. The reality when dealing with deep pockets is that if they decided they want the domain, they can take it by forcing you to spend hundreds of thousands of dollars to argue in court that you have a right to use it. Some of the game companies look the other way in regards to trademark infringement, others don't. The bottom line is that there is no way to be certain if they would or wouldn't come after you, only that they could take the domain if they wanted. It's their trademark and you need permission to use it.
Dump the domain. Yes, you could get sued under the ACPA or have a UDRP proceeding brought against you. Under the Uniform Domain Dispute Resolution Policy, the domain is transferred to the trademark holder. Under the Anti-Cybersquatting Consumer Protection Act, you could be liable for up to $100,000 in damages plus attorney fees. And yes, these big companies are going after people in federal court for trademark infringement.
Thank-you both for the advice. I have since contacted Sony in the off chance that they will consider granting me position to run a fansite under the domain name. Without their express permission however, I won't go through with the sale. I appreciate your replies! Jim