Can I be sued for purchasing an expired domain name?

beamoflight · 14-09-2020 6:37pm #1

I purchase an expired domain name e.g.(domainname.com) and I recently got an email from someone who claims to be the previous owner. They say that the domain name is their brand and IP and that they will take immediate legal proceedings if I use this domain name.

I don't need this hassle so what are my options. I own the domain name. Should I try to sell it or not use it?

Atlantic Dawn · 14-09-2020 6:40pm

Are the based in Ireland or somewhere else? Have you checked if they have rights to the name, ask them to provide proof.

johnb25 · 14-09-2020 6:41pm

beamoflight wrote: »

I purchase an expired domain name e.g.(domainname.com) and I recently got an email from someone who claims to be the previous owner. They say that the domain name is their brand and IP and that they will take immediate legal proceedings if I use this domain name.

I don't need this hassle so what are my options. I own the domain name. Should I try to sell it or not use it?

How long expired was the name?
My first reaction would be to assume that was either a bluff or a scam.

Victor · 14-09-2020 6:54pm

Do you have the social media accounts with this name registered? If not, doing so now might be important.

There are two risks:

1. You are in a similar business and are sued for passing yourself off as the previous owner.
2. There is an appeals system for such situations and they award the site back to the previous owner.

beamoflight · 14-09-2020 7:18pm

I have not replied to the email without knowing the legal standing on expired domains. I have purchased the domain a few weeks ago. I didn't get proof of the owner's brand or IP company names details.

14-09-2020 7:27pm

You can't be sued for purchasing a domain name, expired or not (or rather, you can be sued, it's just not likely to be successful). Depending on the domain, it's possible they can appeal the transfer - e.g. you bought johndoe.ie, previous owner was John Doe, you have no connection to any John Doe person or entity, the IEDR may decide you don't have a right to the domain

Assuming no grounds for appeal, it's what you do with the domain afterwards that counts, and that is going to be extremely context-specific. No-one here is going to be able to tell you whether or not they will have a legal case. Talk to a lawyer

Sleeper12 · 14-09-2020 7:54pm

It's very unlikely that a successful, reputable company will let a domain ownership run out. You just bought it so you know that it costs little more than pennies per year to keep the domain. You also get plenty of warning that it's about to expire and that payment is due. Sounds like a mickey mouse, badly run, business to me

On another point the old video rental company xtravision could own xtravision.ie and you can buy xtravision.com or .co.uk or any other one. The name xtravision was trademarked along with the font & colouring. This does not mean that you cannot have a business called xtravision. Possibly a good name for an optition. You cannot copy their colours & font. You might have difficulty running a video club using the same name though.

14-09-2020 8:10pm

Sleeper12 wrote: »

It's very unlikely that a successful, reputable company will let a domain ownership run out

Heh: https://whoapi.com/blog/5-all-time-domain-expirations-in-internets-history/

TheBlackPill · 14-09-2020 8:14pm

beamoflight wrote: »

I purchase an expired domain name e.g.(domainname.com) and I recently got an email from someone who claims to be the previous owner. They say that the domain name is their brand and IP and that they will take immediate legal proceedings if I use this domain name.

I don't need this hassle so what are my options. I own the domain name. Should I try to sell it or not use it?

Offer to sell to the previous owner for a good profit. if they don;t pay do what you want with the domain.

mneylon · 15-09-2020 5:08pm

beamoflight wrote: »

I purchase an expired domain name e.g.(domainname.com) and I recently got an email from someone who claims to be the previous owner. They say that the domain name is their brand and IP and that they will take immediate legal proceedings if I use this domain name.

I don't need this hassle so what are my options. I own the domain name. Should I try to sell it or not use it?

I'd check to see what trademarks / IP they hold.

Yes they can sue and maybe they'll win, but there's much saner ways to deal with it.

Be careful about trying to sell the domain to them as that can be construed as "bad faith" and they can try to argue that you only registered the domain to extort them.

If you want to email me directly with more details please do

Michele

mneylon · 15-09-2020 5:09pm

TheBlackPill wrote: »

Offer to sell to the previous owner for a good profit. if they don;t pay do what you want with the domain.

That is incredibly bad advice.

OP - do not do this.

irishhombre · 11-12-2020 12:55pm

Had this years ago, but was lucky to have a barrister friend who kindly wrote a FO letter and never heard from them again.

But not much they can do, as previous poster said, they would have had lots of warnings and plenty of opportunity to renew.

If they have a trademark etc then you may have problems using it if your business is similar to theirs.

but its their negligence in letting the renewal lapse.

stick a blog up around the names topic.....as a general rule, you need to show you are not cyber squatting first.

interested to hear how you get on, please update us.

regards
IH

FionMc · 28-02-2021 10:01pm

I dont think they can say that they have rights over the domain. It would come down to registered trademark - are you going to use their company name for your company that does the same thing or offers the same service?

AndrewJRenko · 27-10-2021 4:29pm

With apologies for the late response, but how did the original owners find the OP, the new owner? Most domain name owners are masked, these days, aren't they?

Would be interesting to hear how this worked out?

callaway92 · 27-10-2021 4:33pm

https://www.boards.ie/discussion/comment/118080931#Comment_118080931

Whois still gives some fairly in depth details

27-10-2021 4:54pm

https://www.boards.ie/discussion/comment/118080957#Comment_118080957

No it doesn't.

boards.ie whois lookup - who.is

jimmycrackcorm · 27-10-2021 5:03pm

You can't be sued for owning the domain name. Domain names are bought and sold and not actual titled property. You could be sued for other reasons depending on how you use it i.e. if you try to mislead people that you are effectively claiming to be the business of the person claiming .

callaway92 · 27-10-2021 6:42pm

https://www.boards.ie/discussion/comment/118081061#Comment_118081061

I find it handy anyway

scottygee · 29-11-2021 3:38pm

https://www.boards.ie/discussion/comment/118081118#Comment_118081118

But can you be sued let's say the if "name" is patented or something (Idk if that's possible)?

29-11-2021 3:47pm

https://www.boards.ie/discussion/comment/118240181#Comment_118240181

No. As per above:

https://www.boards.ie/discussion/comment/114612224#Comment_114612224

Can I be sued for purchasing an expired domain name?

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