Legal Question in Technology Law in Illinois

Domain Name Law

I play in a rock band. We produce and record all of our albums ourselves, and do this under our own record label, which I'll refer to as ''XYZ Records'' (''XYZ Records'' is a ficticious name created for soley for this question. Any resemblance ''XYZ Records'' bears to an existing entity is strictly coincidental).

Recently, we got an e-mail to our band's website from a California law firm representing the outfit that own the trademark rights to the name ''XYZ Records.'' They have apparently had these rights since 1982, and governement records reflect this. They've asked us to change our name, and we plan to comply with their request.

However, about a year ago (2000), we purchased and currently own the domain name, xyzrecords.com Can we sell this domain name to them, or do they have the legal right to seize that domain name from us unconditionally?


Asked on 4/02/02, 2:34 pm

2 Answers from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Domain Name Law

PLEASE NOTE: WE DO NOT HAVE AN ATTORNEY-CLIENT RELATIONSHIP. THE FOLLOWING SHOULD NOT BE CONSIDERED LEGAL ADVICE.

In my opinion, based on what you have written, if they went through the domain name arbitration process, they would probably have the other domain awarded to them. You might see if they will cover your transfer costs and a little something extra if you are settling the matter.

Thanks for your posting and best regards,

Todd D. Epp, Esq.

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Answered on 4/02/02, 2:46 pm
Bruce Burdick Burdick Law Firm

Re: Domain Name Law

Mr. Epp's advice to you is excellent.

I think the outcome in a domain name dispute (see http://www.icann.org/udrp/) is not that certain, depending on the name involved and how famous and national the other label is, but odds are against you.

I suggest you employ the services of an Illinois trademark attorney licensed in Illinois and experienced in trademark and domain law, to clear your new name and see that it is properly protected so you do not repeat this process. Also, an attorney should be able to guide you on a transition strategy and to work a transition with the prior trademark registrant. I have an office in Alton, IL and represent an Illinois rock band in similar matters. They just released their first major CD album. I also represent two labels in Missouri.

Whatever you do be honest and ROCK-ON!

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Answered on 4/02/02, 8:08 pm


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