Can anyone summarize all the potential legal difficulties a domainer can get into?

[domainbartender]

I've recently been focusing more and more on buying and selling domains, and I want to be sure I'm doing everything right. What are all the things that could go wrong for a domainer legally? What consequences could it have? Worst-case scenario?

 

[south]

Worst-case scenario?

You could have the same name as an international corporation..

 

[DN BROKER]

simple dont buy typos or TM's!

 

[Onward]

I would read the legal section....and keep reading.

 

[domainbartender]

Thanks for the responses! Was there ever a case where a domainer had to pay damages? Or is having your domain taken away from you the worst case scenario?

 

[Future]

Can you please be more precise or shred more information ?

 

[Cartoonz]

I've recently been focusing more and more on buying and selling domains, and I want to be sure I'm doing everything right. What are all the things that could go wrong for a domainer legally? What consequences could it have? Worst-case scenario?

That is a ridiculous question, hence the vague answers.

You could conceivably lose everything you have and will ever have. Such is life.

 

[Mark Talbot]

You could have the same name as an international corporation..

This is a bad example, as Uzi Nissan owned nissan.com long before Nissan the car company changed their name from Datsun.

That is an example of yet another poor legal decision, and is more like corporate strongarming and theft.

 

[marcorandazza]

This is a bad example, as Uzi Nissan owned nissan.com long before Nissan the car company changed their name from Datsun.

That is an example of yet another poor legal decision, and is more like corporate strongarming and theft.

A poor legal decision? Mr. Nissan won his case.

---------- Post added at 09:11 PM ---------- Previous post was at 09:10 PM ----------

I've recently been focusing more and more on buying and selling domains, and I want to be sure I'm doing everything right. What are all the things that could go wrong for a domainer legally? What consequences could it have? Worst-case scenario?

Biggest mistake -- getting legal advice from this forum.
Second biggest mistake -- thinking that good legal advice is free.

 

[Gerry]

A poor legal decision?

And subscribe to Marc Randazza newsletter and read a few of the cases (both sides of the debate) and final decisions.

 

[marcorandazza]

I would read the legal section....and keep reading.

Terrible advice. Terrible, terrible, terrible.

---------- Post added at 09:13 PM ---------- Previous post was at 09:12 PM ----------

And subscribe to Marc Randazza newsletter and read a few of the cases (both sides of the debate) and final decisions.

I don't have a newsletter, but I take the suggestion to be a major compliment (thank you).

But your suggestion to read cases -- GREAT advice!

 

[Gerry]

Terrible advice. Terrible, terrible, terrible.

---------- Post added at 09:13 PM ---------- Previous post was at 09:12 PM ----------



I don't have a newsletter, but I take the suggestion to be a major compliment (thank you).

But your suggestion to read cases -- GREAT advice!

Sorry, I was referring to your mailing list.

 

[Mark Talbot]

A poor legal decision? Mr. Nissan won his case.

Yes, in context of that particular case with nissan.com, Uzi has extremely tight constraints placed upon his use of his own family and company domain.

He didnt get free and clear title to use it any way he wishes, even if not used in a directly competetive fashion.

He "won", only in the context that he was allowed to keep it.

And that fight my friend, is still going on.

---------- Post added at 09:54 AM ---------- Previous post was at 09:45 AM ----------

DECEMBER - 2002, Final Injunction.
The district court issued a final Judgment (PDF) allowing Nissan Computer to keep its nissan.com and nissan.net domain names, but restricted our rights to do the following:
1. Posting Commercial content at nissan.com and nissan.net;
2. Posting advertising or permitting advertising to be posted by third parties at
nissan.com and nissan.net;

For example.

Uzi can keep the name, but cannot commercialize it nor put advertisements like adsense for example, anywhere on it.

---------- Post added at 09:56 AM ---------- Previous post was at 09:54 AM ----------

So yes,... a bad decision by the courts.

 

[tetrapak]

It sounds logical to me. If Mr. Nissan wants to use it as his company website, then he does not need any kind of third party advertisement - which would anyway all be related to the car brand, which he has nothing to do with, nor his company. He gets lots of additional visitors anyway from the media hype and from the "typo" traffic.

 

[Mark Talbot]

It sounds logical to me. If Mr. Nissan wants to use it as his company website, then he does not need any kind of third party advertisement - which would anyway all be related to the car brand, which he has nothing to do with, nor his company. He gets lots of additional visitors anyway from the media hype and from the "typo" traffic.

But he isnt allowed to use it for his own family company,..

1. Posting Commercial content at nissan.com and nissan.net;

And that is the issue,.. that he "won his case", can keep the name, but can only use it in prediefined ways that are unfair to his owning it in the first place.

If that happened in the same way it happened to Uzi, I would feel as if I had lost.



(and sorry to the op for hijacking this thread, wasnt meant to happen, and I release it back to the subject you posted originally)

 

[Gerry]

And that is the issue,.. that he "won his case", can keep the name, but can only use it in prediefined ways that are unfair to his owning it in the first place.

If that happened in the same way it happened to Uzi, I would feel as if I had lost.

eBay's legal department attempted to tell me what I could do and not do with one of my names simply because it had the letters E-B-A-Y in it (as in MaineBays).

At first they wanted me to surrender it.

I sent them quite a detailed letter explaining my usage vs. their usage and how they were in violation of their own policy in this regard (see Chesapeake Bay, Rose Bay).

Basically, the do not own the letter sequence e-b-a-y or any combination thereof. They do own their mark and their site but that is as far as it (should) go.

They backed off but they told me I can not make a site, use the name, or sell it.

Yeah, right.

 

[fab]

A poor legal decision? Mr. Nissan won his case.

---------- Post added at 09:11 PM ---------- Previous post was at 09:10 PM ----------



Biggest mistake -- getting legal advice from this forum.
Second biggest mistake -- thinking that good legal advice is free.

Before taking paid legal advice I would be very careful as well. Lawyers who don't specialize in IP, may give you advice, but more likely then not, they have little or no idea what they're talking about. Even IP lawyers need to have expertise in domain cases and law. Then you need to get the right lawyer. I know of at least one Law Firm which specializes in IP and noone in the law firm even knew how a domain is transferred, and this firm was hired buy one of the bigger companies in the US.

Secondly, you can't afford to ask every basic question to a lawyer. Lawyers fees, especially IP are not cheap. Really, you need to get informed first of what really needs to be clarified professionally.

---------- Post added at 03:28 PM ---------- Previous post was at 03:09 PM ----------

Oh, and by the way, are you sure Mr Nissan won. There have been and maybe still are numerous court decisions, but winning a court case is a small issue. What about time, money and anguish involved; or then again the high publicity that he's won. The legal battle here seems to have been a relatively small issue.

 

[ukbackorder]

Thanks for the responses! Was there ever a case where a domainer had to pay damages? Or is having your domain taken away from you the worst case scenario?

I once paid 10,000 euros damages for a domain that earned me 7 euros. Having your domain taken away is not the worst case scenario.

 

[Gerry]

I once paid 10,000 euros damages for a domain that earned me 7 euros. Having your domain taken away is not the worst case scenario.

Did this involve a person's name? An athlete?

 

[ukbackorder]

No was a hotel chain. However they wouldn't take the domain and, as far as I know, they also sued the next speculator to pick it up.