I would say that was a bad move.
This almost forces the TM holder to act. I also would assume the C&D letter included language directing the name holder not to take such action. Now the act of proffiting from a TM violation may be in cement.
Of course you ...cough cough ... I mean the name holder should try to get the name back until they talk to an attourney. Your friend may want the option to give up the name to the TM holder. Otherwise your friend just rolled the legal dice.
You can get sued by TM holder as well as new owner that purchased the domain. Also this might even be fraud with criminal penalties...
If they indeed have (e.g. screenshots), what you're thinking of doing is likely.
Digging a deeper hole than the one your friend is in. You and your partner can.
Also be dragged into it.
If all of you happen to be within the trademark holder's reach, the chances of.
Being held liable are even greater. More so if the party in question has very.
Thank you guys, these opinions are indeed very helpful for my decision. I will ask my friend to check this thread out.
So it means we should dig carefully how the exowner using a domain name before purchasing it?.
Correct me if I'm wrong but if your friend sold/transfered a TM'ed domain that received a C&D, your friend would still be held liable for it...
I could be wrong as I am not a lawyer nor do I play one on tv, but I believe that when a change in ownership occurs they have looked at that in previous cases as a fresh registration, new registration with existing trademark isn't good, keeping it with the current owner would be best but still possibly a loss based on registration date, trademark and use of domain, best advice is if you intend to play the trademark game intend to invest in a good lawyer. http://www.namepros.com/legal-issues...me-issues.html..