The parked .biz domain announces that the site is "coming soon" and there is a banner ad for the registrar offering domains registrations for $8.95. Who is profiting from this banner ad? The hosting provider, the registrar or the domain owner?
Also, I've gone back in the archives to read older threads but I can't find an answer to my question regarding the legal responsibility of registrars in regards to domains that infringe on someone's trademark. If Registrar X knows that their customer has cybersquatted a trademarked domain name but the customer refuses to transfer it but instead lets it expire, can Registrar X legally backorder a trademarked domain name and sell it to someone else other than the trademark owner?
[edited by: Burningcoals at 12:36 am (utc) on Dec. 10, 2007]
If you registered "mydomainname" then you may have a case...
I doubt you will be able to get the names back, but he cannot use them. Just as good :)
Burningcoals, sorry to advise, but pursuant to the Domain Forum Policy that we don't host threads wherein people are seeking legal guidance for their specific legal issues I'm now closing out this thread.
There are far too many variables and nuances to make for a meaningful discussion of anyone's trademark rights, especially without fully disclosing the details of the trademark issue. Since we don't allow for the disclosure of specific details AND since the disclosure of such details in a public forum (instead of the privacy of a lawyer's office) is rarely a good idea, it should be apparent that this is not the place to seek legal counsel for your specific issues. Arguably it's a starting point but, with the limitations I just stated, that's all it will ever be. Inevitably all threads reach the same conclusion: talk to a lawyer.
Sometimes the kindest act is the hardest one to carry out, but I must, and therefore I must advise you to seek legal counsel for your specific legal issue. What is or has been said in this forum is no substitute for qualified and well informed legal advice, and you should not act upon the advice given here without first consulting with a lawyer, of appropriate training in the appropriate jurisdiction.
Folks, thanks to everyone for offering whatever measure of insight, guidance, or assurance you might offer but we are returning to our usual practice of limiting the discussion of trademark issues to far more general disucssions and educational matters. After this recent brief siderailing we will no longer play host to efforts to resolve any one individual's trademark issues.
[edited by: Webwork at 4:34 pm (utc) on Dec. 11, 2007]
