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Old 08-31-2008, 08:34 PM   #1 (permalink)
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Question Leasing Domains

Is leasing a domain sufficient "commercial use"?

What are the consequences in a UDRP dispute if lessor were to argure that he receives income from the lease arrangement?
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Old 09-01-2008, 12:50 PM   #2 (permalink)
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Can you be a little more detailed?

Quote:
Is leasing a domain sufficient "commercial use"?
For what? To get a trademark registration or to be seen as infringing on someone else's trademark rights?

Quote:
What are the consequences in a UDRP dispute if lessor were to argure that he receives income from the lease arrangement?
Again, are you talking about a domain that might infringe on someone else's rights? I'm not quite sure what question you are asking.
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Old 09-02-2008, 02:52 PM   #3 (permalink)
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Sounds like he is asking, if he leases a name, and someone comes along and slaps a UDRP on the name, what is the potential risk/liability to him and the lessor.

Interesting to know... I honestly have no idea. As long as the lessor is not infringing on someones' TM, should be fine. How it would play out if he did infringe... not sure if you would lose the domain or not...
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Old 09-02-2008, 09:29 PM   #4 (permalink)
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well just like any lease, you can define the terms in the rental. you can state that they will not have full rights to the name and that they may not use said name as a trademark (if then can get it) and if so they would need to waive all rights against going into a UDRP. Just get a good real estate lawyer that understands domains. if you do i would love to read it. ive been very interested in getting domainers to adopt this method. Domainers... the new landlord. lol
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