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Expired domain could be a trademark, what best to do

         

nalf

2:43 pm on Apr 1, 2005 (gmt 0)

10+ Year Member



Hi!
I bought an expired domain name 1 month ago and parked it to profit from the remaining traffic.
I just got an email saying that the domain name is a trademark and that I can be exposed to pursuit for more than $77,000!
After a quick search this is actually true, the domain name is a trademark.

How can I be sure the guy is not a scammer?
Is this $77,000 threat real?
How do you deal with that kind of threat?

I was thinking of asking him a little amount and then transfer the domain with escrow service but I make a lot of money with the domain and want to be sure the threat is legitimate.

I don't have a lawyer and sure don't want to go that way...
Thank you for your help!

kevinpate

2:59 pm on Apr 1, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Just a guess, but ...

When you need a plumber, you probably don't call the auto mechanic.

When you need your timing belt replaced, you probably don't call a plumber.

So why, when you appear to actually need legal advice, would you dread contacting an attorney?

nalf

3:22 pm on Apr 1, 2005 (gmt 0)

10+ Year Member



I just need to know real life experience with this kind of issue.
I am sure many of you deal with that kind of threat many times a week.
I am simply asking for advice.

And for your information I always try to fix a problem myself first with information found on web and board like here BEFORE asking EXPENSIVE so called "professionals". Anyway, that is off topic.

Webwork

8:43 pm on Apr 1, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



Nalf, I'm a lawyer. I'll tell you the same thing: Talk to a lawyer. Not me.

1. We don't handle legal issues here.
2. Webmasters aren't trained to address legal questions, though many are willing to answer legal questions.
3. Laws vary by country.
4. Legal issues are fact sensitive.
5. Legal consequences can be very real and very life changing.

With all respect the only answer to such questions of consequence is either talk to a lawyer or talk to a lawyer who's a specialist.

The alternative answer is prepare to suffer the consequences of bad advice.

It's better that we give no advice than bad advice, even when advice is couched in terms of "experience" or "guidance" or "what I heard".

I cannot emphasize enough: Legal issues are fact sensitive. If you posted all the facts you could worsen your situation. There's a reason why lawyers are held to a standard of maintaining a person's confidences.

P.S. Don't sticky me the facts. I won't respond.

bruhaha

9:31 pm on Apr 1, 2005 (gmt 0)

10+ Year Member



the domain name is a trademark

I understand that the particulars of this case need to be checked out by someone with legal expertise, but this particular statement raises, I think, a more general question about the general nature of trademarks.

Isn't it true that trademarks are basically "trade specific"? Thus, if I want to open a restaurant there would be a problem with using the name "MacDonald's". But if I were to open a completely unrelated type of business(and let's say that "MacDonald" happened to be my name as well!)I should be able to use the name without fear of a lawsuit. (Not to mention how easy it would be to inadvertantly.)

Related to this, it is also my understanding that a domain name that is the same as some name using in a trademark by someone, somewhere is not NECESSARILY a violation of trademark (though of course it may be, esp if you were trying to pull something, e.g., to make the trademark holder pay you big bucks for rights to the name).

Again, I'm not looking for a legal opinion (not even contemplating anything like this), but trying to get some idea of whether my general understanding is somewhere close to reality.

fischermx

12:01 am on Apr 2, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Since noone wants to give advise I'd join the crowd.
However, I would tell you a big NO about trying to sell the domain to the trademark owner.

HughMungus

12:06 am on Apr 2, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



nalf, I'm not a lawyer, either, but I wouldn't mess with it unless you ARE prepared to hire a lawyer...and if you ARE prepared to risk having to hire a lawyer later then you might as well hire one now. It wouldn't be worth the trouble for me personally.

rfgdxm1

3:05 am on Apr 3, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>1. We don't handle legal issues here.

Yep. And I am not going to touch this with a 10 meter pole. I'll leave it to Brett to dispense legal advice here. ;)

buckworks

3:15 am on Apr 3, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



I'm puzzled why the entity who is now threatening to sue you didn't just buy it themselves when it became available.