Sup guys. Ok I have a domain I just bought has a trademarked name in it. Guy I bought it from had it for five years and no issues. Of course I get it and make it rank number 1 now I have issues. Got an email from lawyer. Very polite but we know how that ends. Question is do I have a leg to stand on? How long can I push this off? Maybe I just redirect to a new domain? Few months of lead time if I can get it? Curious what others have done. Can they pay you for it? Thanks
Unless the domain had content in a classification the same as the trademark holder, and it pre-dated their usage (which isn't likely) AND you purchased the associated goodwill (just not the domain name), it sounds like you are infringing upon their rights and are at risk for being sued (you could be sued regardless, but your chances of winning are slim to none based on what you have stated). It doesn't matter that the other person had it for a number of years without any issues. You are liable from day one, and the longer you put it off the more liability you incur. Redirecting will NOT help you unless you have the trademark holders express permission. The last thing you want to do is try to sell it to the trademark holder - it is proof of bad faith. If this is a large trademark, I wouldn't even consider doing anything other than taking the site down immediately. You might ask about a redirect, but remember it would be done as a favor to you. If they decide to sue you, you could be in for some huge damages. Their attorney fees alone could be six figures or more if it went to trial. In the US, someone who infringes upon a registered mark can be ordered to pay treble their legal fees, actual damages, and punitive damages.
Without knowing a lot more information, no one can tell you whether the trademark owner will allow you to redirect for a period of time. It may depend on how sympathetically you present your story, how blatant the infringement is, how damaging they consider your use to be and even their own corporate culture. There are some companies who won't give a millimeter of leeway and others that understand that protecting their trademarks does not necessarily mean immediately mowing down everyone in their path. There is no harm in asking, except that as mjewel said, do NOT ask for money.
I would consider yourself lucky at this point. You could have just been served with a lawsuit already. Get out now while the getting is cheap.
Good points. I have too call the lawyer today so I'll keep you posted. He seems nice but that's how they lore you in lol.