Chance to buy bands trademarked domain name

[macker123]

I have the opportunity to buy an existing premium trademarked domain name. The band in question already has their official site under a different name and there are thousands of fan sites that use the trademark in their domain name, including the official site.

The difference between those sites and the one I want to buy is this one is the exact trademark, that is it and gets alot of traffic and makes alot of money.

The domain I want to buy used to be a spanish website as early as Sept 22 2002 according to archive.org and has since changed hands a few times and is now the unofficial site for the band. The band filed their trademark on Sept 30, 2002 so they technically filed the trademark after the domain name was registered, however I am guessing since it has changed hands a few times that doesn't matter, does it?

If I was to buy it I would be spending a considerable amount of money on it, but there is also huge potential. I guess my main question is I am assuming I would have to give it up if they wanted it, but what would I be held liable for in that case. Just simply giving up the domain name or past earnnings as those would be huge? I read somewhere that if they sue the minimum is $1k and the max is $100k. If that is the case then I would go ahead with the deal, but is this true or is there no limit for what they can sue?

 

[Theo]

The band filed for registration of the mark in 2002; was it granted? That's the important part.

 

[macker123]

Yes in 2003, they are extremly popular now. Breaking all records set previously etc.

 

[Theo]

If it's a generic term, as long as you don't use it in relation with the group you should be fine. If it's a creative term or you use it in relation with the group you can be at risk.

 

[macker123]

It is definatly not generic. The only time you would use it would be for that band and the site I would run would be an unofficial fan site for them with advertising.

 

[mike031]

It is definatly not generic. The only time you would use it would be for that band and the site I would run would be an unofficial fan site for them with advertising.

well.. then that is a no go.... of course the band would get the domain if you plan on selling advertising'

doesn't make sense to me personally for one to even get involved in this sort of situation because it is only a matter of time.....

 

[macker123]

Yes, perhaps however it has been earning money for the past 1+ with no problem. I know eventually it would be gone, but my question is what can they take, just the domain or earnings also?

I am prepared to lose the domain, but not past earnings as that could equate to alot.