Domain Transfer

[DomainSage]

If a company that has closed down operation transfers their domain to me, does that mean that if someone had problems with the previous company will come after me? Or am I indemnified auctomatically??

[draqon]

if you legally purchase a domain from a defunct or bankrupt company, their old customers can definetely not do anything to you legally. However, they might mistakenly think you are the same company and become very angry, but thats the extent of the threat.

[DomainSage]

How about if the company is not bankrupt?

[interactive]

I'd be careful...very careful

[draqon]

to the best of my knowledge:

currently, the legal system views domains as being intellectual property. if they sell you a domain name, then there is no reason you should be liable for anything as long as you don't misuse the domain. Its a lot like a house, if i buy a house from Enron it doesnt suddenly make me responsible for their customer service problems or legal woes.

[DomainSage]

How can I misuse it? If you can explain that, it would be great.

Also, lets say the company's name IS the domain name, is that still considered property and so complaints from the past cannot be directed towards me??

Dranqon, you seem to know a lot about this stuff. Thank you for answer my questions. Just had one more toadd to these, if you dont mind my last one. Lets say the same company has a trademark on that domain. When they transfer the domain name to me, what happens to the trademark?? Is it transfered to me, deleted, or what?? Can they come back and sue me later on and take the domain back for free??

Thanks a million!

[izoot]

Are you going to tell us the domain name?? It might help you get a better answer....

[draqon]

to the best of my knowledge:

By 'misusing' the domain I meant that you shouldn't lead customers to believe that you are associated with that other company. This would be a big mistake, because it allows the old company to say that your registration of the domain was done in bad faith.

Even if the company's name is the domain, it is still considered intellectual property and complaints from the past will have nothing to do with you.

Transferring the domain to you does not give you the trademark. They would have to sell or give the trademark to you for that to happen. However, if they sell you the domain it probably means that they cant sue you later on for simply possessing it, because the act of selling it is an implicit permission for your use of the domain.

Originally posted by DomainSage
How can I misuse it? If you can explain that, it would be great.

Also, lets say the company's name IS the domain name, is that still considered property and so complaints from the past cannot be directed towards me??

Dranqon, you seem to know a lot about this stuff. Thank you for answer my questions. Just had one more toadd to these, if you dont mind my last one. Lets say the same company has a trademark on that domain. When they transfer the domain name to me, what happens to the trademark?? Is it transfered to me, deleted, or what?? Can they come back and sue me later on and take the domain back for free??

Thanks a million!

[DomainSage]

Great, but how about if somone else comes about and snaps up that trademark when it has been expired. Can they come after me?

[draqon]

i'm not sure. you will have to ask the discussion forum's lawyers Mr. Goldberg or Mr. Berryhill or Mr. Neu (i think that spelling is right) about that.

my instincts say no, they cant sue you. if you are using the domain for a legitimate website you are probably fine.

[HOWARD]

As I suggested in another thread, if you are obtaining a domain containing a trademarked name, you should include a license to use the trademark in your transfer agreement. If not, you could be subject to a claim made somewhere down the road by a purchaser for value of the TM.