Initial permission from a trademark - DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

**Mizzoula** · 01-19-2003, 10:55 PM

My question is this: can you get sued by a company later or be forced somehow to turn over a domain which has a company's trademark in it if they initially approve of your utilizing it?

I was thinking about the scenario where an employee of the company makes use of the domain whether it be for personal or business reasons but later ends his/her employment with the company. For whatever reason the relationship is terminated, is one still liable to fall in a grey area, or does the initial approval still stand, especially if you have documentation?

**jberryhill** · 01-20-2003, 12:37 AM

Those were in fact the circumstances of the mother of all domain name disputes - mtv.com

http://www.lectlaw.com/files/inp10.htm

**draqon** · 01-20-2003, 02:32 AM

what was the end result of that case? did MTV kick that registrant's butt in court?

KatieBeez · 01-20-2003, 07:49 PM

I browsed Adam Curry's website and it looks like they settled out of court confidentially. The domain is now registered on Whois under MTV.

Wonder if he got some money out of them? There was some litigation before it was settled but it didn't go too far...

Banned: CoolHost.com · 01-20-2003, 10:50 PM

Very quickly, one CAN be sued for just about anything! Whether they are successful or not is an entirely different matter, as I understand it.
Good Luck.

PS. I ain't no lawyer!

KatieBeez · 01-21-2003, 02:20 PM

Unfortunately, that's very true.

01-19-2003, 10:55 PM	#1 (permalink)
Mizzoula Gold Lifetime Member Last Online: 07-04-2003 02:25 PM iTrader: (0) Join Date: Dec 2002 Posts: 64 DNF$: 574 Location: Mizzoula.com	Initial permission from a trademark My question is this: can you get sued by a company later or be forced somehow to turn over a domain which has a company's trademark in it if they initially approve of your utilizing it? I was thinking about the scenario where an employee of the company makes use of the domain whether it be for personal or business reasons but later ends his/her employment with the company. For whatever reason the relationship is terminated, is one still liable to fall in a grey area, or does the initial approval still stand, especially if you have documentation?

01-20-2003, 12:37 AM	#2 (permalink)
jberryhill Philadelphia Lawyer Last Online: 09-18-2009 01:17 AM iTrader: (1) Join Date: Oct 2002 Posts: 2,987 DNF$: 6,350	Those were in fact the circumstances of the mother of all domain name disputes - mtv.com http://www.lectlaw.com/files/inp10.htm __________________ John Berryhill Ph.d., esq. John-AT-johnberryhill.com Please do not send private messages via dnforum.com, email me directly.

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01-20-2003, 02:32 AM	#3 (permalink)
draqon Platinum Lifetime Member Last Online: 08-31-2007 01:35 AM iTrader: (0) Join Date: Jul 2002 Posts: 1,140 DNF$: 3,049 Location: Wisconsin	what was the end result of that case? did MTV kick that registrant's butt in court?

01-20-2003, 07:49 PM	#4 (permalink)
KatieBeez Registered User - Must Upgrade To Post Last Online: 09-30-2003 06:30 PM iTrader: (0) Join Date: Jan 2003 Posts: 15 DNF$: 2 Location: Cali	I browsed Adam Curry's website and it looks like they settled out of court confidentially. The domain is now registered on Whois under MTV. Wonder if he got some money out of them? There was some litigation before it was settled but it didn't go too far...

01-20-2003, 10:50 PM	#5 (permalink)
Banned: CoolHost.com Account Terminated Last Online: 05-20-2003 10:22 PM iTrader: (1) Join Date: Oct 2002 Posts: 3,898 DNF$: 1,004 Location: Northeast	Very quickly, one CAN be sued for just about anything! Whether they are successful or not is an entirely different matter, as I understand it. Good Luck. PS. I ain't no lawyer!

01-21-2003, 02:20 PM	#6 (permalink)
KatieBeez Registered User - Must Upgrade To Post Last Online: 09-30-2003 06:30 PM iTrader: (0) Join Date: Jan 2003 Posts: 15 DNF$: 2 Location: Cali	Unfortunately, that's very true.

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