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- Oct 4, 2003
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What is the legal standing of Party A, and possible legal implications/repercussions for Party A?
I'm not an attorney, so can't give legal advice, but will toss in my layman's opinion ...
You own the domain name free and clear; there's virtually no question about that assuming the domain "deleted" normally, which it appears it did from what you have explained.
Does Party B have any existing rights to have Party A return Domain Name X?
No, because the domain was deleted normally; deactivation itself, in effect, is a notice that something is wrong and needs to be addressed immediately... and importantly, much time passed - they had numerous opportunities to recover the domain prior to deletion.
Can Party C or Party B compell Party A to honor the contract between
Party B and Party C?
No.
What could happen if Party A sells the domain name to a forth party, Party D
Party A should disclose that they were contacted by Party B and explain the associated details to Party D.
In addition, Party A should consider requiring Party D to sign an contract that specifically indemnifies from Party A from legal action by Party B, C, and any associated others to those two parties.
In my view, Party A holding / using the domain presents virtually no risk in the situation you described ... however, there is a risk if selling such a domain while such a dispute exists unless various legal steps, as explained above, are taken.
Again, I'm not an attorney, but hope this info is helpful, nevertheless.
Ron