I recently purchased the domain jcpenneyes.com from pool.com domain auction site. The domain only cost be $30, and I am just planning on parking it because there is so much traffic due to the misspelling of jcpenney.com. Over the past few days I have been getting emails from JcPenney's lawyers telling me this is trademark infringement and I must transfer the domain. I looked up this law and I don't believe I am doing anything wrong by just owning the domain. They are trying to claim I have been redirecting users to a competitors affiliate program which is not true. I told them they could check the domain history it is just a parked domain. Are they just trying to scare me into giving them the domain, so they don't have to buy it from me?
JCPennys will never buy the domain from you. It's clear trademark infringement and is probably why the previous owner dumped it. Best just to let it expire.
That's where I'm not quite sure if this is right though.... Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence legal proceedings against a party which infringes its registration. This law states in must be in relation to products or services...I am not actually doing anything at all with the domain. When I told the JCPENNEY lawyers this, they really backed off, and are now asking if I would please transfer the domain. I am pretty sure it is within my rights to just own the domain if I do not do anythign with it.