Legal Help! Acquired Domain with 600k + visits per month

[azanmi]

Hi I need some good sound advice on a domain that filters traffic and sales to 5 major companies. The domain was registered and still had more than a year left before expiration. I noticed a few months ago that the site was down and decided to backorder it (based on traffic and search metrics it seemed like a great idea). The domain was released back to the registry with plenty of time left on registration and I won it. I was VERY surprised and the traffic is rediculous. I am currently entertaining offers from competitrs but I am unsure if I have clear title to sell.
Please PM for details, I really need to know what I'm doing. Most of the offers are coming with a release of indemnification in case the original owner decides they want it back.

 

[fab]

What are those links?

 

[azanmi]

My stupid SEO toolbar in Firefox. It just drops them in there. I can't edit the post either for some reason.

maybe a mod could delete them? Thanks in advance...

 

[fab]

My stupid SEO toolbar in Firefox. It just drops them in there. I can't edit the post either for some reason.

No editing in legal forum. My hunch, would be to speak to a domain lawyer.

 

[azanmi]

Can you recommend one? Post or pm if you like

 

[xmax22]

Ill say its a 100% yours now. When you do sell it, sell it with sedo.com or any other domain brokers for extra layer of protection. Do not sell it on your on even if you use online escrows.

 

[Dale Hubbard]

Bad advice I think plus some posturing. Re-read his post. Silly advice from xmax22.

 

[xmax22]

Bad advice I think plus some posturing. Re-read his post. Silly advice from xmax22.

What are you talking about?

 

[azanmi]

Well sedo does prequalify based on wether or not there are tm issues but this was puposely released and advertising and content were cut a couple of weeks ago. I have a legit offer of 150k if the legal side checks out but I'm getting 500 - 900 clicks per day parked and over 3000 searches!

 

[Dale Hubbard]

Jeez...

 

[azanmi]

Hey guys thanks for the discussion. I would be really interested in a consultation with a domain lawyer. If anyone knows a good lawer, PLEASE pm me with the details!

 

[south]

http://www.dnforum.com/f295/

 

[DomainsInc]

What backordering platform did you use? Just curious.

 

[james2002]

If the domain is not trademarked, why should there be problem? You got it with backorder and I see no problem with it .

 

[Cartoonz]

...The domain was registered and still had more than a year left before expiration.

That statement makes no sense. Does the name now have the date of your acquisition as the original registration date or was this a "lateral transfer" at the Registrar level?

The domain was released back to the registry with plenty of time left on registration and I won it.

sorry, that is the confusing part...

 

[Johnn]

Consult an Attorney as Scott (South) pointed out:
http://www.dnforum.com/f295/

I don't think any one here would have the knowledge to answer your question without additional details (which you can reveal to the Attorney).

Good luck!
John

 

[kengreenwood]

I agree with Johnn - just consult an attorney because the details you're providing here just make the whole thing sound fishy.

Cause as far as I know (and I may be wrong) - domains don't just get released by to the registry while they are still under a current registration regardless of whether a website is up or down.

 

[azanmi]

yeah it is strange I got the domain on saturday and the expiration is now 12/2011! thats more that 1.5 years... Every other backorder I have ever done has come in with a year registration...

 

[kengreenwood]

Everything about this is odd - I have to say that my opinion is that you'll lose the domain for some reason. If you indeed to own it at the moment - it's probably temporary. Sounds like a mistake.

 

[copper]

previous owner could cancel the registration for what ever reason there might be, no?