Purshasing domains where the business has stopped?

[James]

So lets just say hypothetically you purchase a domain where the owners have stopped running the business *in question* and moved on to a new project and obviously don't care about the domain name any more. Yet their is a trademark for the name of the business is registered and still running for a few more years.

My question is what happens if you make a decent site out of this specific domain. I am sure that as they had the original trademark they then would want the domain back even though they closed down the business and let it drop.

Just a thought I was having any one want to weigh in?

 

[geodomains]

Well James, just make sure they sign a waiver that they won't take it off you. I would think if they sold it, they would not want it back unless you made it a very successful website.

Don

 

[johno69]

closed down the business and let it drop.

I would think if they sold it, they would not want it back unless you made it a very successful website.

I am pretty sure he means if they stopped running the business and let all things associated expire. But the trade mark was to live on.

Possibly without the original business owners knowledge at the time even.

But then see your website making money, remember their trademark of the same name, atmoss it and see they are still the proud owners of such TM.

They may come after you then.

 

[James]

Yeah hyperthetically refering to dropped domains..

 

[DomainNames]

James might be best to stay away from it and not waste your energy and resources... They might see what you did with it and decide its worth something to them again so they come calling later for it from you.

 

[Shane]

You can apply to have a trademark removed if it's not being utilised by the owner. I don't know how difficult this is or what the likelihood of success would be, but if you were serious enough about the name it may be worth investigating.

 

[Shane]

Just found this:

Removal action — Another person can apply for your registered trade
mark to be removed from the Register because you have not used your
trade mark or because your use of the trade mark has not been in
good faith. If you do not oppose the removal action, your trade mark
will be removed. It is your responsibility to defend your trade
mark registration by opposing the removal action and providing
evidence of your trade mark use.

The last sentence would appear to indicate that if the person cannot prove they are using the trademark they could potentially lose it.

 

[James]

Thanks for the information ONE very interesting.