Am I Asking For Legal Trouble?

[derekraines]

Hello -

I hope this post won't be too long, but I am looking for some advice. Let me explain the situation.

There is a company that has the domain name ***.net. ***.com was registered about 7 months before the .net was even registered. Nothing happened with the .com. The .net though has been very successful selling their internet software, and there will always be great demand for it. I just bought the .com from the previous owner. The .net company just (like 2 weeks ago) incorporated their company name so it is the same as the domain. The software the company sells is not direct. All of their software is sold through distributors. I am going to become a distributor for them, and use the .com to sell their software. Do you think I'd have problems doing this?? I was thinking it wouldn't be a problem for these reasons:

1. The .com was registered before 7 months before the .net and 3 years before the company changed their business name to their domain.
2. They are already established as the .net...anyone who knows them and does business with them knows they are the .net
3. They do not sell direct, so this would not take away any of their business.
4. I would be exclusively selling their software following their guidelines on the .com, so I'd only be bringing them more business.
5. EVERY extension with their name as the domain is registered but by all different people from all over the US.
6. If they wanted the name, wouldn't they have just bought it from the seller?? After all when you went to ***.com it was a forsale page.

I don't really see where I could go wrong, but I don't want to take any chances. The worse thing that could happen is they take the name from me right?

Any input would be appreciated.

 

[domainduck]

Lotz and Lotz of people make money online using the Viagra trademark, but every situation/brand/name will be different.

quack

 

[Sharpy]

If you are going to distribute their product, why don't you just ask them?

 

[derekraines]

I don't want to ask them about it until I become a distributor. I'm going to become a distributor under a different website and then once I'm established I'm going to tell them about the name and if they say ok I'll have it redirect to my website. If not, then I'll either give it up or sell it to someone else. But I don't want to go straight to them and say I've got the name and just be outright rejected. I'd rather first develop a relationship with them.

 

[Sharpy]

Sounds like a decent approach. Not the one I would use.

It sounds like you are becoming a distributor of their product because you feel you will have an advantage when you start selling on the .com version of the procuct's name. What if they don't allow you to use it. Wouldn't it be better to know before you invest time and money into the distributorship?

 

[DNQuest.com]

Depending on the generic nature of the name, if they come after you, it could be considered reverse-hijacking. But keep in mind that each situation is unique. Anything can always happen.

 

[derekraines]

Can someone confirm though that if they contact me and I just offer to give up the name I am pretty much safe from any real legal problems??

 

[derekraines]

Can they really do anything since the name was reg'd before they even existed?

 

[HOWARD]

The question is - how are you using the domain NOW - before you start selling their product? As we have said, many times on many threads, if you have a legitimate business use for the domain, you're in pretty good shape.

However, if you intend on trading on their name, that they presumably have spent a lot of time, effort and money developing, unless you work out an agreement with them in advance, you're going to end up losing it.