What should be considered when buying an expiring domain? ie getting sued?

Discussion in 'Domain Names' started by hc5831, Apr 11, 2006.

  1. #1
    I am looking at buying a couple of domains that will be expiring in a couple months and am worried about getting sued.

    Can I be sued by the old holder of the domain?

    Does having their domain name trademarked make a difference?

    Any info or links on the subject would be appreciated.

    Thanks
     
    hc5831, Apr 11, 2006 IP
  2. Smyrl

    Smyrl Tomato Republic Staff

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    #2
    I do not understand your question.

    Is domain currently in use? If so suspect current onwner will renew. If you know owner is going to drop use of domain name why not contact him directly and try to buy from him.

    If owner of domain name holds a tradmark on domain name and somehow you buy it you, will probably have to turn it over to current owner anyway.

    Just because a domain name shows an expiration date that is rapidly approaching does not mean current owner will not renew. I set up my domain names to automatically renew a month before they are set to expire.
     
    Smyrl, Apr 11, 2006 IP
  3. hc5831

    hc5831 Peon

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    #3
    That's what I was asking. If they have their domain trademarked, and it expires, then I cannot register it and use it for commercial purposes?

    Lets assume that the owner died, forgot to renew, chooses not to renew, or any other reason you want.

    I'm trying to grab domains that slip through the cracks. If I notify the owner I am interested, he just renew the domain.
     
    hc5831, Apr 11, 2006 IP
  4. Smyrl

    Smyrl Tomato Republic Staff

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    #4
    I am not sure if you bought a trademarked domain name and used for completely different use what would happen.
     
    Smyrl, Apr 11, 2006 IP
  5. ahkip

    ahkip Prominent Member

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    #5
    Unless it is trademarked, there will be no problem.
    However, if you do excatly what the former owner do (provide the same service) he might do something about it. if not, there is nothing he can do. Remember, he is the one who let it drop, and you didn't steal it from him
     
    ahkip, Apr 11, 2006 IP
  6. hc5831

    hc5831 Peon

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    #6
    Let's be a little more specific here. I'm using generic domains here, but the ones I am looking at are similar in type. Say I wanted to register the following domains when they expire:

    diamond.com
    diamondnet.net

    Say both are trademarked. They both sell diamonds. I plan on putting a message board on them about diamonds and placing ads on them.

    Any issues?

    Say both are not trademarked. note: samskpunk says no, but a second opinion cannot hurt.

    Any issues?

    Can diamond.com even be trademarked? Or are generic terms exempt from trademarking?

    Thanks
     
    hc5831, Apr 11, 2006 IP
  7. ahkip

    ahkip Prominent Member

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    #7
    that's a bad example..
    windows is generic but it is trademarked.
     
    ahkip, Apr 11, 2006 IP
  8. hc5831

    hc5831 Peon

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    #8
    Nothing bad about it. The questions cover both situations. Trademarked and not trademarked.

     
    hc5831, Apr 11, 2006 IP
  9. a1biotin

    a1biotin Peon

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    #9
    My law professor used to say "Anyone can sue anyone and for any reason"
     
    a1biotin, Apr 16, 2006 IP
  10. EGS

    EGS Notable Member

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    #10
    EGS, Apr 16, 2006 IP