Regarding domain lawsuit

[gilibz]

Hello,
We want to buy a .COM domain with hyper the name is generic-name.com , but I checked genericname.com and its already owned by american company, that registered it since 1996, and this company has company name on this domain.
My question is - if i buy this domain with hyper , (i buy it from buydomains.com and its registered since 2001) do you think they can lawsuit me and take me the generic-name.com ?

 

[Gerry]

Short answer: Yes, that possibility will always exist if you buy, reg, or own a domain that is someone's brand or TM.




The worst part about these prospects is this: you lose. The seller wins.

Will the seller offer a refund if the domain is seized? No.

That's the amazing part. I recently saw a thread here about a domain owned by a member that he is trying to sell and claiming in 12 years of ownership he has never been contacted by the TM. Does that mean that he, you, or I as the new owner will NEVER be contacted to surrender the domain name? No. There is no guarantee.

It is like the stock disclaimers that come on prospectus: Past performance is no guarantee of future performance.

Domains are the same way. There are no guarantees. None. Most of all, there is not a single person in this business honest enough to say, Sure. I'll give you your money back if you ever have to surrender the name.

 

[katherine]

The name may be generic and TM at the same time. Apple is generic but is also a TM in the computer/software industry.
It depends on the other party's name, how it is currently used and how you intend to use the purchased domain. In other words, would that company have grounds to claim you're infringing on their brand, acting in bad faith etc.

Also, WIPO panelists will often treat a change of owner as a new registration: your derived rights cannot predate the acquisition date, unless there is continuity (you buy and maintain an existing business with the domain). If you buy a 1996 domain now (and develop it), you start to accrue rights through bona fide use from 2013, not 1996.

IANAL of course.

But from what you're saying, the name you consider buying may not even be 'confusingly similar'.
So it all depends on the name.

there is not a single person in this business honest enough to say, Sure. I'll give you your money back if you ever have to surrender the name.

I for sure won't refund the gun I sold to you if you use it to shoot at somebody, then complain of poor performance

 

[gilibz]

Well,
My company is in the same field like them , but we do not compete on the same brands.
I just checked the rest of the extetions, and seems that they are for sale also. They are not owned by this .COM company.
So you say its 50%-50%?

 

[rngrdanny22]

Was your company established after theirs?

 

[gilibz]

yes