Is it safe to buy a domain which been through WIPO?

[Varchar]

Hi there,

There is a domain currently offering for sale which has been through a WIPO case before but the domain owner didn't lost the case. Is it safe to buy the domain since the domain owner wants to sell it now? The person/company who filed the suit before for the name, can he suits the new owner for a second attempt to hijack the domain?

Any suggestion is appreciated.

Thanks.

Regards,

Kawing

[katherine]

It all depends on the circumstances and findings of the ruling IMO. Read it carefully.
Some names have obvious TM issues while others may be OK depending on usage.
Make sure you will be using the domain in a bona fide manner that will not expose you to legal attacks.
Good luck

[stewie]

without details its hard to answer that question. be careful

good luck

[acronym007]

I would consider that a huge risk regardless of any other details. There is no way to know if they will try again and if the sale itself can be used against you.

[marcorandazza]

I can think of one scenario that would make it a risk -- if the WIPO panel found that the domain was not registered in bad faith, since the registration was before the existence of the complainant's trademark rights. As soon as you take possession of the domain, it is a new registration. Accordingly, the rights clock may be re-started.

Really need more info though.

[EnricoSchaefer]

Even if the Respondent at WIPO won the dispute, the Complainant can still go the federal court under the Anti-Cybersquatting Act. Also, each new registration creates a new date by which 'bad faith' is tested. Thus, if the Respondent won because his/her registration was before trademark rights existed, your new registration will most certainly be after trademark rights existed.

It is not a question of "don't" but, as noted above, "risk." If the domain is worth some money have an assessment done by a competent domain name dispute and trademark lawyer. If it is not worth that much money, either grab it and be willing to live with the risk of an adverse transfer order or stay clear.

Good luck.

[DaddyHalbucks]

Domain cases are very fact dependent. One of the most important but often most neglected defenses is a legitimate use. Get yourself a legitimate use and you are probably OK.

[marcorandazza]

"Get yourself a legitimate use" is a little bit misleading. Panelists can (usually) see through manufactured "legitimate uses".

[dvdrip]

He means a true legitimate use, as in develop the website.