Legal questions on TWO cases

[HumanIngenuity]

CASE 1: we use to own an ecommerce site, site, domain name, business was sold to a company. we maintained control of the domain names because we are hosting the platform to run the business for the buyer. 2 yrs later, company filed for bankruptcy while still owing us money, bankruptcy process completed and closed out, we were not paid for the money owed obviously.

question1: Do we now own the domain name? in theory it was suppose to be part of the bankruptcy liquidation but it never was requested or taken back by the court to liquidate.
question 2: If we decide to revive the domain name and website under new ownership, could we have legal issues from the bankrupt company or buyer? We developed and own the platform we use for the site so it is not a problem to revive the business and try to recoup the money owed to us that was not paid.



CASE 2:

A decent size company online and retail with several stores went bankrupt, their assets and ip and domain names were liquidated by a liquidation/asset recovery company. The domain name was dropped and we won it in the auction. The company that went bankrupt owns several patents for the domain name and company name. We paid a decent amount for the domain name from the domain drop auction.

question1: Are we able to revive and use the domain name if we register a company using the same name or a dba? will we get sued by whoever owns the remaining assets that was liqduidated?

question2: Since the company is bankrupt are we able to register new patents under our name to do the same business selling similar items using the acquired domain name? What are the potential issues of doing so?

If there are any IP attorneys who can help, pls pm or email me as well if there is a way to achieve what we need to.

 

[Theo]

Trademarks and patents can certainly be transferred as "assets" or through agreements but they are bound to corporations or individuals - not to domain names. In Case 2, you cannot simply form a corporation with the same name in order to place claim to whatever patents or trademarks the previous entity owned; that's akin to hijacking.

---------- Post added at 05:28 PM ---------- Previous post was at 05:28 PM ----------

I forgot to add the disclaimer that I am not a lawyer and I don't play one on TV

 

[TheLegendaryJP]

Cant answer #2 Ted but #1 is retty easy.

#1, would be theft imo. The name should be allowed to expire and drop or maybe contact the bankruptcy lawyer and explain the situation, you were a creditor or owed funds what can you do?

Obviously if they owed you money its fair you keep it but it may be against the law.

 

[charlescarreon]

In the first case, it is highly likely that, if the domain was not made part of the bankruptcy estate, and the company that went bankrupt is dissolved, that the domain may be yours. Domains are not necessarily "property" in every jurisdiction, so they might not even be subject to being made part of the bankruptcy estate. However, there may be substantial "clouds" on your title.

In the second case, domains cannot be "patented." Only novel and original inventions can be patented. Phrases can be trademarked.

Assuming the company that owned the domain is bankrupt, then it cannot be using the domain in commerce. If a company ceases to use a domain in commerce, then the mark is subject to cancellation. Indeed, the USPTO will cancel the mark if the mark holder fails to file necessary affidavits every five years.