Legal Question in Intellectual Property in Colorado

Trademark Infringement through domain registration

On Feb. 15 2004, I registered a domain name with the intent of using it at one of my websites, or reselling it to anyone interested. I never opened a hosting account for the name, nor did I use the domain for a website. Up until today, I had the registration for that domain, and that was it.

Today (May 10, 2004), I received a phone call from the former registrant. He advised that he had already filed a complaint in New York district court, and a process server was on his way to deliver the complaint to me. He claimed that he had registered the domain in 2001 and, due to a 'fluke' by his registrar (register.com), the name had been canceled.

As of today (May 10, 2004) I have cancelled ownership of the domain name in question.

Question: Am I liable in anyway?


Asked on 5/10/04, 8:05 pm

1 Answer from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Trademark Infringement through domain registration

If you are served, in addition to filing an answer defending the law suit, you should certainly file a cross complaint against register.com. It doesn't seem to me that there is anything in it for the threatening party to gain, by suing you. I doubt he will follow through.

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Answered on 5/10/04, 11:01 pm


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