trademarks

[amazing103]

What is the name of your state? new jersey
i purchased a porn domain name at an auction 7 months ago. i received an email from an attorney representing a large corporation. he is claiming that i am smearing his clients companies name. it seems that the first part of the domain name is his clients company and the second part is sex. he sent me an email to ceased and now he wants me to transfer the name to his client. my question is can he demand me to assign the name to his client without compensation? I was using the name as url forwarding to another porn website, which i stopped when he sent me a letter. initially his associate said he was under the impression that they made a cash settlement and he would forward the money and i would assign the name to his client. than he said he made a mistake about the cash and to forward the name immediately or they would come after me.

please help. my understanding is if you purchase the name you're allowed to sell it.
thank you

 

[ChicagoLawyer]

please help. my understanding is if you purchase the name you're allowed to sell it.

Not necessarily true. You only own the identical rights the seller had. If the seller was infringing another's trademark and subject to losing the domain, then so are you. You step into their shoes. From the facts as stated, it sounds like the trademark owner has a strong case and would most likely succeed on a dilution or UDRP claim. So, you are more likely than not going to lose the domain anyway.


This is not legal advice, rather it is intended to be general in nature. We do not have an attorney-client relationship.