QUESTION
Cyber Squatting Intellectual Property
Asked on Dec 05th, 2014 on Intellectual Property - California
More details to this question:
I purchased many domain names 5 years ago. One of which is someone I know, and over the years they have become famous, at the time, they were not. We are in contact regularly. They have not inquired at all about the domain. As a businessman, I would like to sell the domain at market value. I would ideally like to offer at market value to the person I know, but do not want to be accused of cyber squatting and possibly lose the domain. I am not using the domain name as a website. The person I know who's name is the same as the domain, is not trademarked but used in commerce. By offering to sell them the domain name risky, as it has been nearly 5 years, or would it better to offer it on the open market? It is a first and last name, and probably hundreds or thousands of people have the same name, but are not celebrities.
1 ANSWER
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Cybersquatting occurs when the other party has a registered trademark. However, you still face the possibility of litigation based on appropriation of rights of celebrity. Depending on your opinion of "market value" you should be able to work something out with your friend.
Answered on Dec 17th, 2014 at 2:41 PM