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D&P Someone purchased a domain using a name that is trademarked and is now being asked for return...

Felinerone

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I made an error by purchasing a domain name for $500 and creating a website using that name. The previous owner contacted me to inform me that I was infringing on their trademark, as they had forgotten to renew the domain. I immediately removed the website.

To rectify the situation, I offered to sell the domain back to the previous owner for the same price I paid, and even provided them with the invoice to show that I wasn't trying to profit from the situation. However, they declined the offer and expressed gratitude that I had taken down the website. They no longer viewed it as a trademark offense, although their lawyers advised them to report it to the police.

The previous owner now wants the domain name back and is willing to pay $100 for it. They have also offered me a different domain name as compensation for any inconvenience caused.

I purchased the domain name "Thedomainname.com," and the previous owner is now offering to buy it back for $100 and providing a different domain name "Thedomainname.shop" as compensation.

I'm uncertain about my options in this situation. Is it possible for me to keep the domain and use a 301 redirect? Would the previous owner win in a court case? Is there a chance that this could escalate into a legal battle?

I'm seeking advice on what my options are. Should I simply give up the domain and accept the loss? Thank you for your help in advance.
 

EliteFollow

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It seems that the person mentioned forgot to renew their domain. They expected the hosting provider to send reminder emails notifying them about the upcoming expiration of their domain, hosting plan, and other related matters.
 

Runnish

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In which country are you currently located, and in which country is the entity that holds the trademark located?

Trademarks are only applicable to specific categories of products or services. For instance, Apple is a trademark associated with computers. If, by some means, you managed to register Apple.com and created a computer-related blog, you would face legal trouble. However, if you developed a website focused on apples (the fruit), you would not be infringing on Apple's trademark.

As long as your new website is unrelated to the competitor's trademark, you should be in the clear. You can use a 301 redirect, but the website still needs to operate in a different industry or niche.

Unless you are engaging in fraudulent activities or misrepresenting something, there is no reason for law enforcement to get involved. It seems like the original owner is simply attempting to intimidate you. Trademark disputes are typically resolved through an ICANN arbitration process.
 

DevWolfie

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By the way, regarding your question, if your hosting plan or domain is nearing its expiration, your hosting provider will typically send you an email in advance to remind you to renew it, correct?
 
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