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  1. #21
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    Domagon's Avatar
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    Post Re: Prior owner fail to renew, existing contract involved

    Quote Originally Posted by warnerms View Post
    What is the legal standing of Party A, and possible legal implications/repercussions for Party A?
    I'm not an attorney, so can't give legal advice, but will toss in my layman's opinion ...

    You own the domain name free and clear; there's virtually no question about that assuming the domain "deleted" normally, which it appears it did from what you have explained.

    Quote Originally Posted by warnerms View Post
    Does Party B have any existing rights to have Party A return Domain Name X?
    No, because the domain was deleted normally; deactivation itself, in effect, is a notice that something is wrong and needs to be addressed immediately... and importantly, much time passed - they had numerous opportunities to recover the domain prior to deletion.

    Quote Originally Posted by warnerms View Post
    Can Party C or Party B compell Party A to honor the contract between
    Party B and Party C?
    No.

    Quote Originally Posted by warnerms View Post
    What could happen if Party A sells the domain name to a forth party, Party D
    Party A should disclose that they were contacted by Party B and explain the associated details to Party D.

    In addition, Party A should consider requiring Party D to sign an contract that specifically indemnifies from Party A from legal action by Party B, C, and any associated others to those two parties.

    In my view, Party A holding / using the domain presents virtually no risk in the situation you described ... however, there is a risk if selling such a domain while such a dispute exists unless various legal steps, as explained above, are taken.

    Again, I'm not an attorney, but hope this info is helpful, nevertheless.

    Ron
    Domagon - Website Management and Domain Name Sales

  2. #22
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    Re: Prior owner fail to renew, existing contract involved

    The whole thing sounds kind of nuts to me, why would party B just let it expire if they had a contract with party C. Surly party B knew they would get hit by party C, unless party C had TM rights on the domain name.

    Kind of like getting the letter, saying don't use it but let it expire. Then I could see party B letting it expire, but no other way I could see it happen that way. And if that was the case, then party A would have to deal with party C anyway.

    Also I guess party B, could of been pissed at party C. But still a dumb thing to let it expire, but some people do really dumb things. You never can tell these days, none the less I hope it works out for you ok.
    Tim S.

  3. #23
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    Re: Prior owner fail to renew, existing contract involved

    Quote Originally Posted by tas38 View Post
    The whole thing sounds kind of nuts to me, why would party B just let it expire if they had a contract with party C.
    It could be anything. Party B got caught up with a gazillion things and forgot,
    s/he's a crook and ran away with the money, etc.

    And you also possibly answered your own question.

    Who knows? Then again, who cares?
    Vidi, Vici, Veni!

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