potential legal problems with using expired domains

[heelisp]

Hi
I have succesfully been using expired domains to boost my site traffic over the last year. I have only bought domains that were in exactly or almost exactly the same business.

Reading this forum has made me worry a little about being attacked legally for passing off.

Any opinions of the following.

1. If you simply redirect the acquired domain to your main site so that the expired domain never appears in the browser window. does that reduce the chances of legal action?

2. I am hoping to acquire a domain name of a really big company (again exactly the same business area) with lots of traffic. They changed their web address a few years ago and let the old one drop (amazing as it had 2000 links in). The domain they dropped is not the same as their company name and the former is not trademarked , their company name of course is trademarked.
How risky would it be to use their old domain

Any expert opinions or just opinions welcomed

 

[maxheadroom]

If they don't have a federally registered trademark, their burden is much harder than yours. In fact, it's almost impossible. If they have a state registered trademark, check to see if it's expired. (Most states expire business trademarks every 5, 7, or 10 years.) Also, a trademark cannot usually be held by a non-existant company. For instance, if they dissolved their corporation, and the trademark was in the name of the old corp, very likely they'll have a tought time making their claim. However, the new corp. could have purchased the assests of the old corp before dissolving, so that's a bit tricky.

If they do have a federally registered trademark, you can still prevail, but it depends alot on the other side's willingness to fight, and you will be the one doing most of the work.

My position has to been to just do it, and worry about it later. If you do get a C&D letter, what's the worst that can happen? You lost $10 (or less). Big deal.