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I recently won a bid at XXXXXX for a .com domain. I now find out that a big company has a trademark for that name, I like to find out if they let it expired or someone else did. Is there a website where I can see the ownership history for this domain?
————————————————————————————————————It makes no difference if the trademark owner let it expire or if another cybersquatter did.Letting a domain expire in no way reduces your legal rights to a trademarked domain. It only stops resolving and becomes a lure for other cybersquatters. There is a penalty in the Lanham act providing a $1000 – $100,000 statutory damages for registering a trademarked domain for ANY reason ANYTIME.
5:2009cv05151 Arkansas Western District US Federal Court
STATUTORY damages need no proof of a fiscal loss and are determined by the judge and outlined in the statute.PUNITIVE damages are for intentional acts and are to punish.COMPENSATORY damages are to compensate one party for a fiscal loss that can be shown.====================================================================What I hear you trying to ask is this: "How can I determine if the domain has already been held hostage or if I am the first kidnapper"
One place you might try looking is the internet archive.
See eartheye archived AND trademarked in 2000.
See eartheye archived while cybersquatted in 2003.
See Cargills being cybersquatted NOW.Cargills Inc. could buy the entire cybersquatting company’s initial 172.5 million IPO twenty times with one year of their cash flow.I am demanding about one-sixth of the cybersquatter’s annual income in punitive and compensatory damages in US Federal Court.
5:2009cv05151
The cybersquatter is a HUGE company with sixty million in income.
They already lost a tribunal proceeding against Cargills Inc. and are ignoring it. DECISION
Another person faced them for Cargill and lost. DECISIONThis will be some evidence I use to support my PUNITIVE damage demand. Ot demonstrates that there is a need for a demonstrative damages costs to prevent repeat violations by the defendant.
I am no attorney, but would not need one to say that if I were you I would look to the auctioneer or the seller or both for compensation.
