Could I face legal action for taking over a company's former domain? - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Keyboard Cowboy** · 02-14-2007, 12:57 AM

Hey all,

I've inquired about a name that I'm interested in, but it's an old version of a company's website. By old version I mean, that they used to use this URL but now they use another (short version).

So my question is, could I face some sort of legal action by acquiring the name and putting a website on it from this company? I would be putting up a site revolving same topic as the site once was about, because that's what its visitors are looking for, naturally.

Thanks for your time

**-X-** · 02-14-2007, 02:25 AM

I believe you can from personal experiance and recent wipo case. I used to own LawMedicalGroup.com I was approached by the company who's website was LawMedical.com but the name of their company that they used was Law Medical Group. They threatened to sue me- I played hard ball then sold for x,xxx. But my point is, if they have a trademark on the which ever version, they may still have rights on the one that dropped. Because they let it drop does not null their rights. Also, without knowing the exact name and how generic it is, it's very difficult to say.

(I am not a lawyer, and the names were changed slightly)

**Keyboard Cowboy** · 02-14-2007, 02:41 AM

I appreciate your insight, thanks. The name is not exactly "generic", that's what I'm worried about...

Any other opinions are welcomed

**rcade** · 02-14-2007, 10:00 AM

Quote:

Originally Posted by Keyboard Cowboy

So my question is, could I face some sort of legal action by acquiring the name and putting a website on it from this company? I would be putting up a site revolving same topic as the site once was about, because that's what its visitors are looking for, naturally.

That sounds like a pretty big risk to me. If the domain's not generic and you're promoting the same kinds of goods and services, you're getting into the kind of practice the Anti-Cybersquatting act makes illegal. Penalties of that law are $100,000 per domain.

**Focus** · 02-14-2007, 10:19 AM

If you acquired the domain from them legally through purchase, etc. then I don't see where they would be concerned with what you did with it since they permitted you to gain control of it! Am I the only one seeing this point?

**DNQuest.com** · 02-14-2007, 10:48 AM

I thought the same thing, are you purchasing the domain from the company? If so, I would hope there is a purchase contract stating what can or cannot be done with the domain. Unless the company does not know about your intentions with the domain, they could claim they didn't realize you were going to be a competitor and come after you (anything is possible, especially with lawyers involved. No offense John, Brett, Ari, etc...).

**Keyboard Cowboy** · 02-15-2007, 02:03 PM

Quote:

Originally Posted by DNQuest.com

I thought the same thing, are you purchasing the domain from the company? If so, I would hope there is a purchase contract stating what can or cannot be done with the domain. Unless the company does not know about your intentions with the domain, they could claim they didn't realize you were going to be a competitor and come after you (anything is possible, especially with lawyers involved. No offense John, Brett, Ari, etc...).

I see your point.

Well, the domain was apparently dropped then picked up by someone and now I'm buying it from him. Should I stay away from this one?

**fab** · 02-15-2007, 04:03 PM

Quote:

Originally Posted by Keyboard Cowboy

I see your point.

Well, the domain was apparently dropped then picked up by someone and now I'm buying it from him. Should I stay away from this one?

Consider it like any other investment. What's the risk, and what do you expect to profit. If it's a high risk, with low profit potential, try sending the company a letter asking them if you can use it, couldn't hurt.

**DNQuest.com** · 02-16-2007, 02:41 PM

Ok, you did not buy from the company. This does increase your risk of vulnerability (can't use the "they sold it to me" defense

). Even though they dropped the domain, they still have rights to the TM which they can enforce if they wish. Yes, it would have been better to pay the renewal and save themselves a hassle, but they left themselves open to that action.