If I Comply, Do I Open Myself to a Lawsuit?

[RoosterMI]

I'm in Michigan and a few months back I sold a website that I owned. When the domain transferred, the buyer failed to update the WhoIs contact information, so all my info remained attached to the domain.

Fast forward five months and a company contacted me to say that I need to cease using the domain as they feel it's a violation of their trademark. They said that even though their company name was not in the domain AT ALL, it was "too close" in their eyes and they wanted it down.

Of course, I have no ability to comply as I don't control the website at all. I called the GoDaddy (who now is the registrar for the domain) and they said that they cannot go in an update the information themselves due to regulations governing the handling of domain names. Nice.

I share this information with the attorney that sent me the demand to pull down the domain. He came back telling me that I have to fax him everything that I have, including the purchase agreement that was used when selling the domain name. He said that if I DON'T comply I'll be sued as well because I'll be considered "in collusion" with the new owner.

At first I was just going to fax it over...but then I realized I might be opening myself up for a lawsuit by the new owner of the domain! He may not appreciate the fact that I sent over his information without permission. But

What can I do in this situation? I can't take the domain down as I have no power to do so, I can't get the registrant to change the contact info to the real owner, and if I send over private information over I might open myself up to a new lawsuit!

[divgradcurl]

Originally Posted by RoosterMI

I'm in Michigan and a few months back I sold a website that I owned. When the domain transferred, the buyer failed to update the WhoIs contact information, so all my info remained attached to the domain.

Fast forward five months and a company contacted me to say that I need to cease using the domain as they feel it's a violation of their trademark. They said that even though their company name was not in the domain AT ALL, it was "too close" in their eyes and they wanted it down.

Of course, I have no ability to comply as I don't control the website at all. I called the GoDaddy (who now is the registrar for the domain) and they said that they cannot go in an update the information themselves due to regulations governing the handling of domain names. Nice.

I share this information with the attorney that sent me the demand to pull down the domain. He came back telling me that I have to fax him everything that I have, including the purchase agreement that was used when selling the domain name. He said that if I DON'T comply I'll be sued as well because I'll be considered "in collusion" with the new owner.

At first I was just going to fax it over...but then I realized I might be opening myself up for a lawsuit by the new owner of the domain! He may not appreciate the fact that I sent over his information without permission. But

What can I do in this situation? I can't take the domain down as I have no power to do so, I can't get the registrant to change the contact info to the real owner, and if I send over private information over I might open myself up to a new lawsuit!

Unless you signed an agreement with the buyer stating that you would keep everything about the transaction secret, send the information. You can redact out the selling price, or anything else that you might consider private. But the identity and contact information of the buyer isn't anything that is "secret" or confidential. Besides, they could get that info anyway via a subpoena once they file a lawsuit anyway.